Terms and Conditions and Customer Information

 

I. Terms and Conditions


1. These terms and conditions apply to every contract concluded by customers by means of Blue Pegasos Europe online shop which is operated by Jan Pirchan, Středohorská 868/11, 104 00 Praha 22, Czech Republic, Commercial Register: 310008 - Praha 8, CZ,
 herein after referred to as "Seller". 

ID number: 69482781

VAT ID: CZ7911190430

email: info@bluepegasos.eu

 

2. These Terms of Business regulate the reciprocal rights and obligations of the vendor and the natural person who concludes the sales contract outside his or her business as a consumer or in the course of its business activities (hereinafter referred to as the "Buyer") through the web interface located on the website available on the Internet www.bluepegasos-europe.cz (hereinafter referred to as the "online shop").

3. Business terms and conditions are an integral part of the sales contract. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.

 

II. Product and price information

1.Information about the goods, including the prices of goods and main features, are given for individual goods in the online shop catalog. Goods prices are listed including VAT, all related fees, and the cost of returning the goods if these goods can not by their nature be returned by normal mail. Product prices remain valid for as long as they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract under individually negotiated terms.

2. All presentations of the goods placed in the online shop catalog are informative and the seller is not obliged to conclude a purchase contract for these goods.

3. Information about costs associated with packing and delivery of goods is published in the online shop.

4. Any discounts with the purchase price of the goods can not be combined, unless the seller and the buyer otherwise agree.

 

III. Order and conclusion of the purchase contract

1. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself.

2. The buyer is ordering the goods in the following ways:

- through his customer account, if he has previously registered in the online shop
- by filling in the order form without registration.

3. When placing an order, the buyer selects the goods, the number of items, the way of payment and delivery.

4.Before sending the order, the buyer is allowed to check and modify the data he has placed in the order. The order is sent by the buyer to the seller by clicking the FINISH ORDER button. The data listed in the order they are deemed correct by the seller. The condition of the validity of the order is the filling in of all required data in the order form and confirmation by the buyer that he has become acquainted with these terms and conditions.

5. Immediately upon receipt of the order, the seller will send the buyer an acknowledgment of receipt of the order to the email address the buyer entered upon ordering. This acknowledgment is automatic and is not considered to be a contract. Attachment of the confirmation is the current business conditions of the seller. The purchase contract is closed only after the order has been received by the seller. Notification of receipt of the order is delivered to the buyer's email address.

6. In the event that any of the requirements specified in the order can not be met by the seller, the seller will send a modified offer to buyer´s  email address. The amended offer is considered a new draft Purchase Agreement and the Purchase Agreement is then concluded by a buyer's confirmation of acceptance of this offer by the seller to its email address specified in these Terms and Conditions.

7. All orders accepted by the seller are binding. The buyer may cancel the order until the buyer receives a notice of acceptance of the order by the seller. Buyer may cancel  the order by  sending  email  to seller.

8. In the event of an obvious technical error on the part of the seller when the price of the goods is placed in the online shop or during the ordering, the seller is not obliged to deliver the goods to the buyer at such a manifestly erroneous price, even if the buyer has received an automatic receipt of the order according to these terms and conditions. The seller will inform the buyer of the error without undue delay and will send the buyer a modified offer to his / her email address. The revised bid is considered as a new draft Purchase Agreement, and the Purchase Agreement is then entered into by a Buyer Acceptance Receipt at the seller's email address.

IV. Customer's account

1. Buyers can access their customer account based on the buyer's registration in the online shop. From customer account, buyers can order goods. The buyer can also order the goods without registration.

2. When registering to a customer account and when ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. The details given by the buyer in the customer account and when ordering the goods are considered correct by the seller.

3. Access to the customer account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.

4. The buyer is not entitled to allow the use of the customer account to third parties.

5. Seller may cancel the user account, especially if the buyer does not use his user account any longer, or if the buyer violates his obligations under the Purchase Agreement and these Business Terms and Conditions.

6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, maintenance of hardware and software of third parties.

 

V. Payment terms and delivery of goods

1. The buyer may pay the price of the goods and any costs associated with delivering the goods in accordance with the purchase contract in the following ways:

- transfer by bank transfer to IBAN's bank account CZ5501000000275526440257, BIC code KOMBCZ with Komerční banka Prague
- cash on delivery of goods (Slovak Republic only)
- via Paypal on account info@plastovepodkovy.cz


2. Together with the purchase price, the purchaser is obliged to pay the costs associated with the packing and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.

3. In the case of cash payments, the purchase price shall be payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 15 days of the purchase contract being concluded.

4. In the case of payment through a payment gateway, the buyer proceeds according to the instructions of the relevant electronic payment provider.

5. Seller shall not require advance payment or other similar payment from the Buyer in advance. Payment of the purchase price before shipment of goods is not a backup.

6. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, it is obliged to register the received revenue with the tax administrator online, in the event of a technical outage, at the latest within 48 hours

7. The goods are delivered to the buyer at the address specified by the buyer in the order

8. The method of delivery is chosen during the ordering of the goods.

9. Costs of delivery of goods, depending on the way of dispatch and receipt of the goods, are stated in the buyer's order and in the order confirmation by the seller. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.

10. If the seller is required to deliver the goods in the place specified by the buyer in the order in the order, the buyer is obliged to take over the goods upon delivery. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.

11. Upon receipt of the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.

12. The Seller shall issue to the Purchaser a tax document - an invoice. The tax document is sent to the buyer's email address. The tax document is attached to the goods delivered.

13. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but first by taking over the goods. Responsibility for the accidental destruction, damage or loss of the goods passes to the buyer at the moment of taking over the goods or when the buyer was obliged to take over the goods but did not do so in contravention of the purchase contract.

VI. Withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his / her business as a consumer has the right to withdraw from the sales contract.

2. The withdrawal period shall be 14 days

-from the date of receipt of the goods,
-from the date of receipt of the last delivery of the goods, if the subject of the contract is several kinds of goods or the delivery of several parts


3. The buyer can not, inter alia, withdraw from the purchase contract:

the provision of services if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller had informed the buyer, before concluding the contract, that in this case he had no right to withdraw from the contract,
the supply of goods or services the price of which depends on financial market fluctuations, irrespective of the seller's will, which may occur during the withdrawal period,
on the supply of goods which has been adjusted according to the buyer's wish or for his person,
in other cases mentioned in Section 1837 of the Civil Code.


4. In order to comply with the withdrawal period, the buyer must send a cancellation notice within the withdrawal period.

5. In order to withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the sales contract will be sent by the buyer to the seller's email address or mailing address specified in these terms and conditions. The Seller shall acknowledge receipt of the form without undue delay to the Buyer.

6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.

7. If the buyer withdraws from the contract, the seller shall return the funds immediately, but not later than within 14 days of withdrawal from the contract, all funds, including delivery costs, received by him in the same manner. The Seller shall return the received money to the Buyer in a different way only if the buyer agrees and does not incur any additional costs.

8. If the buyer opts for a non-cheapest way of delivering the goods offered by the seller, the seller shall return the purchaser the cost of delivering the goods corresponding to the cheapest way of delivering the goods.

9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer delivers it to the buyer or proves that the goods have been dispatched to the seller.

10. The goods must be returned by the buyer to the seller undamaged, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to indemnify the Seller against the buyer's claim for repayment of the purchase price.

11. The seller is entitled to withdraw from the contract of sale due to the resale of the stock, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has interrupted the production or importation of the goods. The Seller shall immediately inform the Buyer via the e-mail address given in the order and within 14 days of the notice of withdrawal of the Purchase Contract, return all funds, including delivery costs, received by him under the Contract, in the same manner or in the way specified by the buyer.

 

VII. Liability for Defects

1. The seller shall be liable to the buyer for the goods not to be defective upon takeover. In particular, the seller replies to the buyer that at the time the buyer took over the goods:

the goods have characteristics that the parties have negotiated and, if there is no such arrangement, has properties that the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods,
the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
the goods are in the appropriate quantity,
goods comply with legal requirements.
2. If a defect occurs within six months of receipt of the goods by the purchaser, the goods shall be presumed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by its normal use, for the used goods to a defect corresponding to the degree of wear or tear the goods have had at the time of takeover by the buyer from the nature of the goods.

3. In the event of a defect, the buyer may submit a claim to the vendor requesting:

replacement for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdraw from the contract.
4. The buyer has the right to withdraw from the contract,

if the goods have a material defect,
if the item can not be properly used for recurring defects or defects after repair,
with a greater number of defects in merchandise.
5. The seller is obliged to accept a complaint at any premises where the claim is accepted, possibly also at the registered office or place of business. The seller is required to provide the buyer with a written confirmation of the buyer's right to claim the claim, the claim of the claim and the manner of processing the claim, as well as a confirmation of the date and method of processing the claim, including the confirmation of the repair and its duration, rejection of the complaint.

6. The seller or a person authorized by him shall decide on the claim immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service needed to expertly assess the defect. Claims, including the removal of a defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree for a longer period. The expiration of this period is considered as a material breach of contract and the buyer has the right to withdraw from the sales contract. The moment when the claim is made is the moment when the buyer's will (application of the right of defective performance) occurs to the seller.

7. The Seller shall inform the Buyer in writing of the outcome of the claim.

8. The right of defective performance does not belong to the buyer unless the buyer knew, prior to taking over the item, that the thing was defective or if the buyer caused the defect himself.

9. In the event of a legitimate claim, the buyer has the right to reimbursement for the expense incurred in connection with the claim. This right may be exercised by the buyer at the seller within one month after the expiration of the warranty period.

10. The buyer has the choice of a complaint.

11. The rights and obligations of the Contracting Parties regarding rights to defective performance are governed by Sections 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Law No. 634/1992 Coll., On Consumer Protection.

12. Other rights and obligations of the parties related to the Seller's liability for defects are governed by the Seller's Complaints Procedure.

VIII. Delivery

1. The Contracting Parties may deliver all correspondence in writing by electronic mail.

2. The Buyer delivers the Seller's correspondence to the email address given in these Terms and Conditions. Seller sends the correspondence to the buyer at the email address listed in his customer account or in the order.

XI. Out-of-court dispute resolution

1. The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.

2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution Online Regulation).

3. The Seller is authorized to sell goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection exercises, inter alia, the supervision of the observance of the Consumer Protection Act No. 634/1992 Coll.

X. Final Provisions

1. All arrangements between the seller and the buyer are governed by the laws of the Czech Republic. If a relationship based on a sales contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This does not affect the consumer's rights under generally binding legal regulations.

2. All rights to the Seller's website, in particular copyrights to the content, including page layouts, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without the Seller's consent.

3. The Seller shall not be held responsible for any errors resulting from third-party interventions in the Internet Store or as a result of its use contrary to its intended purpose. Buyers may not use procedures that may adversely affect their operation and may not engage in any activity that could allow them or third parties to tamper with or improperly use software or other components that make up the Internet shop and use the Internet shop or its parts or software in a way that is inconsistent with its purpose or purpose.

5. The purchase contract, including the business terms and conditions, is archived by the seller in electronic form and is not accessible.

 

 

 

These terms and conditions come into effect on the day 1.7.2018