Terms and Conditions
TERMS AND CONDITIONS
Company: NANOSHOP s.r.o., with registered office: Příkop 843/4, 602 00 Brno
identification number: 09810994, VAT number: CZ09810994
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 120919
email: firstname.lastname@example.org, email@example.com, tel: +420 773 733 033
for the sale of goods through an on-line shop located at nanoshop.cz, agtive.cz, nanoagtive.cz, ...
1. Introductory provisions
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company NANOSHOP s.r.o. with its registered office at Příkop 843/4, 602 00 Brno, identification number: 09810994, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, Insert 120919 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 para. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at nanoshop.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract.Any deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms and Conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are in Czech language. The purchase contract can be concluded in Czech.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
2. User account
2.1 Based on the registration of the buyer made on the website, the buyer can access his user interface. The buyer can order goods from his/her user interface (hereinafter referred to as "user account"). If the web interface of the shop allows it, the buyer can also order goods without registration directly from the web interface of the shop.
2.2 When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3 Access to the user account is secured with a username and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his/her user account.
2.4 The buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 365 days or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or. necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1 All presentation of goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract for these goods.The provisions of §1732 para. 2 of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not restrict the seller's ability to conclude the purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
3.4 To order goods, the buyer fills in the order form in the web interface of the shop.The order form contains information about:
3.4.1 ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2 the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3 information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "Order" + "Order binding for payment" button. The information provided in the order is considered correct by the seller.
3.6 Sending an order is considered to be such an act of the buyer, which identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.
3.7 Immediately upon receipt of the order, the Seller shall confirm receipt of the order to the Buyer by electronic mail to the Buyer's electronic mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's electronic mail address").
3.8 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9 The draft purchase contract in the form of an order is valid for fifteen days.
3.10 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.11 In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address, indicating the possible variants of the order and requesting the Buyer's opinion.
3.12 The amended offer is considered a new proposal of the purchase contract and the purchase contract is only concluded in this case upon acceptance by the buyer via e-mail.
3.13 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the buyer when using remote 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, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
4.1.1 in cash at the Seller's premises at Příkop 843/4, 602 00 Brno;
4.1.2 by cashless payment card at the seller's premises;
4.1.3 cash on delivery at the place specified by the buyer in the order;
4.1.3181297002 / 5500, IBAN: CZ9155000000003181297002, BIC: RZBCCZPP (hereinafter referred to as "Seller's account");
4.1.5 cashless by credit card.
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment in cash or cash on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6 The Seller is entitled, in particular if the Buyer fails to confirm the order (Art. 3.8), require payment of the full purchase price before the goods are shipped to the buyer. Section 2119 para. 1 of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax.The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
5. Withdrawal from the purchase contract
5.1 The Buyer acknowledges that according to the provisions of §1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract:
5.1.1 on the delivery of goods, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
5.1.2 for the delivery of alcoholic beverages that may not be delivered until thirty days have elapsed and whose price depends on financial market fluctuations independent of the seller's will,
5.1.3 on the delivery of goods that have been modified according to the wishes of the buyer or for his person
5.1.4 on the delivery of perishable goods as well as goods that have been irretrievably mixed with other goods after delivery,
5.1.5 on the delivery of goods in closed packaging, which the buyer has removed from the packaging and for hygienic reasons cannot be returned,
5.1.6 on the delivery of an audio or visual recording or software if it has infringed its original packaging,
5.1.7 for the supply of newspapers, periodicals or magazines,
5.1.8 for the delivery of digital content, unless it has been delivered on a tangible medium and has been delivered with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer prior to the conclusion of the contract that in such a case he has no right to withdraw from the contract.
5.2 In the absence of a case referred to in Art. 5.1 or in any other case where the purchase contract cannot be withdrawn from, the buyer shall, in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
5.3 For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract outside the address of the seller's business or registered office. The provisions of Art. 11 of these Terms and Conditions.The trader shall acknowledge receipt to the consumer in text form without undue delay.
5.4 In the event of withdrawal from the purchase contract pursuant to Art. 5.2 of the Terms and Conditions, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
5.5 In the event of withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer.The Seller is also entitled to return the performance provided by the Buyer when returning the goods by the Buyer or in another way, if the Buyer agrees to this and does not incur additional costs to the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.6 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
5.7 The seller is entitled to withdraw from the purchase contract at any time until the goods are accepted by the buyer. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, without cash to the account designated by the Buyer.
5.8 If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the buyer shall be obliged to return the gift together with the goods to the seller.
6. Transport and delivery of goods
6.1 In the event that the method of transport is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. the costs of other delivery methods.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects immediately notify the carrier. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.
7. Rights from Defective Performance
7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular the provisions of §1914 to 1925, §2099 to 2117 and §2161 to 2174 of the Civil Code).
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
7.2.1 the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2 the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
7.2.3 the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
7.2.4 is the goods in the appropriate quantity, measure or weight and
7.2.5 the goods comply with the requirements of the legislation.
7.3 The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.5 The rights from defective performance shall be exercised by the buyer at the seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.6 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint regulations.
8. Other rights and obligations of the parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. 1 lit. (e) of the Civil Code.
8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract.coi.cz
8.4 The Seller is entitled to sell goods on the basis of a trade licence.Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 para. 2 of the Civil Code.
9. Personal data protection
9.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No.101/2000 Coll., on the protection of personal data, as amended.
9.2 The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as "personal data").
9.3 The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of maintaining the User Account. Unless the buyer chooses another option, the buyer agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of a purchase contract.
9.4 The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
9.5 The seller may entrust a third party as a processor to process the buyer's personal data. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in paper form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
9.8 Should the buyer believe that the seller or processor (Art. 9.5) carries out processing of his/her personal data which is contrary to the protection of the private and personal life of the purchaser or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, may:
9.8.1 ask the seller or processor for an explanation,
9.8.2 require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller has the right to demand a reasonable fee for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.
10. Sending commercial communications and storing cookies
10.1 The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of the so-called. cookies on his computer. In the event that the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without the imposition of the so-called. cookies on the buyer's computer, the buyer may withdraw consent under the previous sentence at any time.
11.1 Notices concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
11.2 A notice shall also be deemed to have been served if its receipt is refused by the addressee, if it is not collected within the storage period or if it is returned as undeliverable.
11.3 The Parties may deliver ordinary correspondence to each other by electronic mail, to the electronic mail address specified in the Buyer's user account or specified by the Buyer in the order, respectively. to the address listed on the Seller's website.
12. Final provisions
12.1 If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and additions to the Purchase Agreement or the Terms and Conditions require a written form.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 The sample form for withdrawal from the purchase contract is attached to the terms and conditions.
12.5 Contact details of the seller:
delivery address: s. NANOSHOP s.r.o, Příkop 843/4, 60200 Brno, Czech Republic
e-mail address: firstname.lastname@example.org, email@example.com
phone: +420 773 733 033
I. INTRODUCTORY PROVISIONS
- This Complaints Procedure is governed by the relevant provisions of the Civil Code, Act No. 40/1964 Coll., as amended, and further defines and specifies the rights and obligations of the seller, which is the company NANOSHOP, s.r.o., with its registered office at Příkop 843/4, 602 00 Brno, identification number: 09810994 (hereinafter referred to as the "operator") and the buyer (customer, consumer). All contractual relations are concluded in accordance with the legal order of the Czech Republic. If the consumer is a party to the contract, relations not governed by the terms and conditions are governed by the Civil Code (No. 40/1964 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is an entrepreneur, relations not regulated by the Terms and Conditions are governed by the Commercial Code, No. 513/1991 Coll., all as amended.
- The Complaints Procedure applies to goods for which the buyer's rights under liability for defects are exercised during the warranty period.
II. TRANSFER OF GOODS
- A buyer who is a consumer
- The buyer must inspect the goods immediately upon receipt in the presence of the carrier.
- If obvious defects in the goods are detected, which are considered to be all defects detectable upon receipt of the goods, the buyer is obliged to draw up a damage record with the carrier. The buyer is entitled not to take over the goods in this case. The buyer is also obliged to check the completeness of the product documentation.
- Obvious defects, then the buyer immediately complains to the seller. However, a condition of such a claim is the documentation of a record of damage to the goods during transport, signed by the carrier.
- A buyer who is not a consumer should, in his own interest, take similar steps when taking possession of the goods as a buyer who is a consumer. This prevents any inconvenience in case of a claim due to damage to the goods during transport, the buyer by signing the delivery note confirms the external integrity of the delivered shipment. A prerequisite for non-damage of goods during transport is the external integrity of the delivered consignment.
III. WARRANTY CONDITIONS
- If, after receipt of the goods by the buyer, defects occur within the warranty period, the buyer is entitled to file a claim.
- The length of the warranty period is governed by the applicable provisions of the Civil Code and is 24 months, subject to the exceptions provided for in the applicable legislation.
- The warranty period is extended by the period of time the goods have been under warranty repair. In case of replacement, the buyer receives a new warranty of 24 months or until the duration of the warranty of the original goods, if longer.
When exercising the warranty, the consumer has:
- in the case of a removable defect, the right to free, proper and timely removal of the defect, the right to replacement of the defective goods or defective parts, unless this is disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract
- if the defect is irremovable and prevents the proper use of the goods, the right to have the defective goods replaced or to withdraw from the contract of sale
- if the defect is a removable defect occurring in large numbers or repeatedly and preventing the proper use of the goods, the right to replace the defective goods or to withdraw from the purchase contract
- in the case of other irremediable defects and not requiring replacement, the right to a reasonable discount on the purchase price or to withdraw from the contract
IV. RETURN OF GOODS
The consumer has the right under Art.53, paragraph 7 of the Civil Code to withdraw from the contract concluded at a distance within 14 days of receipt of the goods, except in the cases expressly referred to in para. 8 of the same provision of the Civil Code. Before sending the goods to the supplier's address, it is necessary to send (by email, fax or a separate or attached letter) a formal withdrawal from the purchase contract with the order number. The withdrawal from the contract must be delivered to the seller no later than on the last day of the statutory 14-day period from the receipt of the purchased item. If the consumer chooses to do so, the undamaged goods, without signs of use or wear, in their original undamaged packaging, must be sent back to the seller at the same time as the withdrawal or without undue delay after dispatch. The Seller is only entitled to reimbursement of the costs actually incurred in returning the goods if these costs are actually incurred and the Seller can prove them. We would like to ask you to state any reason for returning the goods (not required by law, nor are we required to state this reason in order to refund the price of the goods). This will help us to improve our services. Thank you very much. Upon receipt of the returned goods, the money for the goods, excluding, however, the postage (shipping costs), will be sent to the Buyer's address or by bank transfer to the Buyer's account within the statutory time limit (§ 53, paragraph 10) upon receipt of the signed credit note, which is sent to the Buyer's address immediately after the physical receipt and re-inspection of the goods. Sending goods back on COD is not possible and all such shipments are immediately rejected and returned to sender.
V. CONFLICT WITH THE PURCHASE CONTRACT
If a defect appears within the first 6 months after the acceptance of the performance, it is considered to be a defect that already existed at the time of acceptance of the item, unless the contrary is proven or the nature of the item does not contradict it. In such a case, the buyer, if a consumer, has the right to choose to resolve the removable defect in addition to the standard warranty repair by replacing the item with a defect-free one. If this is not possible, the buyer/consumer is entitled to a reasonable discount or may withdraw from the contract. This does not apply if the consumer knew about the breach of the contract or caused it. VI. Complaint handling
- In the event of defects that occur during the warranty period, the goods shall be claimed directly from authorised service centres. A list of authorised repairers is usually attached to the manual or included in the warranty card. The seller will also provide a list of authorized service centers upon the buyer's request.
- You can also file a claim with the supplier of the defective goods.
- The buyer shall prove the origin of the goods during warranty repair by presenting the proof of purchase and the warranty certificate. If he is unable to produce these documents, he is obliged to prove the conclusion of the purchase contract in another demonstrable way.
- Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Supplier and the Buyer expressly agree on a longer period. After the expiry of this period, the buyer is granted the same rights as if the defect were irremediable.
- In the event that the goods need to be sent to the supplier or a service centre, the buyer shall deliver the defective goods at his own expense and risk to the address of an authorised service or service centre of the supplier. The buyer shall, in his own interest, ensure that the goods are packed in suitable and sufficiently protective packaging material that meets the requirements of transport and fragile goods and shall mark the shipment with the appropriate symbols. The goods must be in their original packaging or packaging that prevents damage to the goods during transport, in complete condition and all other accessories. The buyer shall prove the origin of the goods by presenting the proof of purchase and the warranty certificate or other document proving the purchase.
- The authorized service will invite the buyer to take delivery of the repaired goods after the claim has been properly processed.
- In the case of multiple legitimate claims (3 times legitimate claims of the same defect or 4 times different), the customer is entitled to an exchange for a new piece or a full refund of the purchase price. The goods must be returned in their complete packaging, including all accessories that were included in the delivery, with a warranty card listing all legitimate claims, or. the relevant service cards for each claim. If the customer wishes to withdraw from the purchase contract, he must state this in writing when claiming the goods (for the third identical defect or the fourth different defect).
- In the event that an irremediable defect in the goods is found (based on a written assessment by an authorized service center, if required by the nature of the goods), the buyer has the right to exchange the goods or has the right to withdraw from the contract.
- The warranty does not cover wear and tear of the goods (or parts thereof) caused by use. The warranty period for all persons using the goods for business purposes under the Commercial Code is not set by the Civil Code and is determined by agreement with the purchaser - entrepreneur, or by a warranty certificate.
VII. WARRANTY RANGE
- The warranty is void in the following cases
- failure to comply with the conditions for professional installation with installation or if it was carried out by a company that is not authorized for this activity,
- use of the goods in conditions which do not correspond to the parameters specified in the documentation for the goods,
- The warranty does not apply to
- damage caused by natural disaster, weather conditions, mechanical damage, electrostatic charge,
- defects caused by improper operation, non-observance of the operating instructions and insufficient maintenance,
- damages caused by wiring not complying with the relevant CSN
- Any visit by a service technician to the buyer's premises must be accompanied by a report of the defects found and the form of their rectification. Without this protocol, the visit of the service technician is not taken into account.
In Brno on 1.1.2022
1. The controller of personal data pursuant to Art. 4, point 7 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter: "GDPR") is NANOSHOP s.r.o., ID No. 09810994, with its registered office at Příkop 843/4, 602 00 Brno (hereinafter: "the Administrator").
2. The contact details of the administrator are
address: Příkop 843/4, 602 00 Brno
phone: +420 773 733 033
3. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, a network identifier or to one or more specific elements of the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
4. The controller has not appointed a data protection officer.
II. Sources and categories of personal data processed
1. The controller processes personal data that you have provided to the controller or personal data that the controller has obtained on the basis of the fulfilment of your order.
2. The controller processes your identification and contact data.
III. Lawful reason and purpose for processing personal data
1. The lawful reason for the processing of personal data is
- the performance of the contract between you and the controller pursuant to Art. 6 para. 1 lit. b) GDPR.
2. The purpose of the processing of personal data is
- processing your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data are required that are necessary for the successful execution of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract, without the provision of personal data, it is not possible to conclude the contract or its performance by the administrator.
3. There is no automatic individual decision-making by the administrator within the meaning of Art. 22 GDPR.
IV. Data retention period
1. The controller retains personal data - for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the controller and to assert claims under these contractual relationships (for 15 years from the termination of the contractual relationship).
2. After the expiry of the retention period, the controller shall delete the personal data.
V. Recipients of personal data (subcontractors of the controller)
1. The recipients of personal data are persons
- involved in the delivery of goods / services / payment processing on the basis of a contract,
- providing services for the operation of the e-shop (Shoptet) and other services in connection with the operation of the e-shop,
- providing marketing services.
2. The controller does not intend to transfer personal data to a third country (non-EU country) or an international organisation.
VI. Your rights
1. Under the conditions set out in the GDPR, you have
- the right to access your personal data according to Art. 15 GDPR,
- the right to rectification of personal data pursuant to Art. 16 GDPR, or restriction of processing pursuant to Art. 18 GDPR,
- the right to erasure of personal data pursuant to Art. 17 GDPR,
- the right to object to processing pursuant to Art. 21 GDPR and
- the right to data portability according to Art. 20 GDPR.
2. You also have the right to file a complaint with the Office for Personal Data Protection if you believe that your right to personal data protection has been violated.
VII. Personal data security conditions
1. The controller declares that it has taken all appropriate technical and organisational measures to safeguard personal data.
2. The controller has taken technical measures to secure data storage and storage of personal data in paper form.
3. The controller declares that only persons authorised by it have access to the personal data.
VIII. Final provisions
These terms and conditions shall take effect on 1.1.2022.
Commission Program - Terms and Conditions
Terms and conditions of cooperation and commission system of the on-line server located at www.nanoshop.cz
The provider of the commission system is:
Company: NANOSHOP s.r.o.
Headquarters: Příkop 843/4, Zábrdovice, 602 00 Brno
(hereinafter referred to as "Provider")
I. Introductory provisions
These terms and conditions govern the rights and obligations of the parties:
- arising in connection with the cooperation agreement concluded between the Partner and the Provider;
- incurred in connection with participation in the Provider's commission system.
By registering in the commission system, both the Partner and the Provider agree to these terms and conditions and both parties agree to be bound by these terms and conditions.
In matters not covered by these Terms and Conditions, the relations between the Partner and the Provider are governed by the applicable legal regulations, in particular Act No. 89/2012 Coll., the Civil Code.
The commission system is operated through the AffilBox application provided by AffilBox s.r.o., Jahnova 8, Pardubice 530 02, ID No.: 28777000, VAT No.: CZ28777000.
II. Definition of terms
Cooperation Agreement means any agreement concluded in accordance with these Terms and Conditions between the Provider and the Partner, the purpose of which is to promote the goods, services or activities of the Provider. The Provider will publish the specific scope of the promotion, the amount of the commission, including information on the VAT charge on the commission and other details, if applicable, on its web interface. The cooperation agreement is concluded electronically and is not provided in written form. The agreement is concluded by the Partner pressing the confirmation button in the commission system and accepting the terms of cooperation proposed by the Provider. The Cooperation Agreement is not a contract of agency or a contract of agency.
The campaign determines the scope of marketing and other activities, which the Provider defines in more detail in the commission system and offers it to the Partner for promotion. Campaign means in particular which goods, services or websites of the Provider are to be promoted through the commission system. The detailed terms of the campaign or group of campaigns are described in the cooperation agreement.
Conversion is the action of the Visitor that is the goal of the campaign. Conversion means, in particular, the completion of the purchase of goods or order of services of the Provider. The visitor becomes a customer of the Provider by conversion.
Promotional methods are marketing and other similar activities of the Partner, by which the Partner promotes the goods or services of the Provider. Promotion methods are understood to mean in particular:
- placement of advertising content (esp. banners) on the Partner's website;
- references to the Provider's goods or services via blogs, discussion forums or articles (provided that the rules of the blogs or discussion forums allow this activity);
- sending emails informing about the Provider's goods or services to persons who have duly consented to this form of marketing in accordance with the law;
- linking to the Provider's goods or services via social networks;
- PPC campaigns.
A visitor is a person who visits the Provider's website on the basis of the activity developed by the Partner within the scope of permitted promotion methods.
A partner is a natural person or legal entity that participates in the Provider's commission system on the basis of registration.
Commission link means a unique link assigned to an Affiliate within the commission system. The affiliate is only entitled to a commission if their commission link has been used to make an approved conversion.
Thecommission account is the Partner's account maintained by the Provider in the AffilBox web application within the administration of the commission system, to which the Partner has online access. The account records data relating to the number of Visitors, orders and their status.
Anapproved conversion is one in which the customer has paid the price of the goods or services properly and in full.
TheProvider's website is the Provider's website located at www.nanoshop.cz.
A customer is a person who places a binding order for goods or services or other performance on the Provider's website.
III. Participation in the commission system
Participation in the commission system is created by registration of the Partner in the commission system.
Within the framework of the commission system, the Partner promotes the services or goods of the Provider on the basis of a cooperation agreement by means of promotion methods.
The Partner is fully liable for any damages caused by his/her actions in violation of these Terms and Conditions and/or the law of the Czech Republic to the Provider, other users of the Provider's website or third parties.
The Partner is responsible to the Provider for the accuracy and completeness of the data provided during registration. In case of changes in the above data, the Partner is obliged to inform the Provider of this fact without delay. The Provider is not liable for damages incurred by the Partner due to failure to notify changes in data.
IV. Partner's rights and obligations
The Partner is obliged to take care not to damage or jeopardize the reputation of the Provider or the goods and services offered by the Provider.
The Partner may not advertise the Provider's goods or services on websites whose content may in any way violate the laws of the Czech Republic or good morals. In particular, this includes websites with pornographic content and illegal content, and websites that infringe intellectual property rights or promote such activities.
The Partner or the Partner's family members or persons acting in concert with the Partner may not order the Provider's goods or services through the Partner's own commission link. If they do so, the Partner's right to commission on such conversions is terminated. If the Provider suffers damage as a result of the above actions, the Partner is obliged to compensate the Provider in full for such damage.
The Affiliate is obliged to protect its access data to its commission account from misuse by a third party. The Provider shall not be liable for any damage incurred by the Partner as a result of such misuse.
The Partner is entitled to use for the promotion of the Provider all text and image materials that are the result of the Provider's creative activity or to which the Provider has a valid license, and which are provided by the Provider to the Partner for this purpose or made available in the commission system. Without the prior consent of the Provider, the Partner is not entitled to use the provided materials other than for the purposes of the campaign.
The Partner may not modify in any way the HTML codes, graphic design or content of advertising spaces (e.g. banners) provided by the Provider for use in the campaign without the Provider's prior consent.
The Partner is obliged to ensure that within the framework of its chosen methods of promotion there is no unfair increase in the number of displays of the Provider's advertising space through programs, scripts, reloading of advertising banners or other means.
The Partner undertakes not to advertise the Provider by sending messages (by e-mail, SMS, on discussion forums) that qualify as SPAM. If the Provider detects such activity of the Partner, the Provider is entitled to withdraw from the cooperation agreement and close the Partner's commission account. In such a case, the Partner will also lose the right to the commissions that have not yet been paid.
It is not allowed to promote the Provider's goods or services using PPC campaigns in AdWords, Sklik or Facebook Ads.
Banners, texts and other content placed in the interface of the AffilBox application and the commission system, including the software of the web interface and the commission system, is protected by the copyright of the Provider or AffilBox s.r.o. and may be protected by other rights of third parties. The Content may not be modified, copied, reproduced, distributed or used by the Partner for any purpose by any third party without the written consent of the Provider or other copyright holder. The right to use protected material in accordance with Article 4.5 of these conditions is not affected by this provision.
V. Rights and obligations of the Provider
The Provider undertakes to periodically approve the Partner's conversions as part of the commission approval process. The Affiliate will be informed of the approval of the conversion via their commission account.
The Provider is not liable for any damage caused by the promotion of the programs involved in the commission system.
The Provider undertakes to pay the Partner a commission for the approved conversions carried out by the Partner in accordance with Article 6 of these Terms and Conditions.
The Provider is entitled to request approval of promotional emails and other texts that the Partner wishes to use in the campaign.
The Provider is entitled to change or amend the wording of these Terms and Conditions at any time. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions under which they arose. The Provider is obliged to notify the Partner of the change in the Terms and Conditions via the contact e-mail address provided by the Partner during registration. The new version of the Terms and Conditions will be effective against the Partner from the date of its notification.
The amount of commission is specified in the commission system for each campaign separately.
Commissions will always be approved by the Provider immediately after the expiry of the period during which the legislation or the Provider's terms and conditions allow the consumer to withdraw from the contract. Conversion approval is done automatically and/or manually. The Affiliate will be informed of the approval of the commission through his/her commission account.
Commissions will be approved for those conversions where the goods or services promoted in the campaign have been duly and fully paid for.
The Partner shall not be entitled to any commission for cancelled or cancelled orders or in the event of the Customer's withdrawal from the contract.
VII. Payment of commission
An affiliate is entitled to a commission payment if the sum of approved commissions in his commission account is higher than the amount indicated on the web interface of the commission system (i.e. agreed in the cooperation agreement).
If the commission balance in the Partner's commission account exceeds the amount stated above, the Partner has the option to request payment of the commission through his/her commission account. Upon the Partner's request, a report will be sent to the Partner indicating the final amount that the Partner can invoice. If the Partner is unable to issue an invoice, his commission will be paid to him on the basis of a work performance agreement.
The due date of the invoice issued by the Partner shall not be less than 14 days from its delivery to the Provider. If a shorter payment period is indicated on the invoice, the invoice is payable 14 days after delivery.
The amount of the total commission requested by the Partner to be paid must correspond to the data indicated in the commission account on the date on which the Partner requests its payment. The Provider is entitled to review the Partner's request and the accuracy of the information provided. In the event of any irregularities, the Provider shall notify the Partner of its findings and the parties undertake to provide each other with the necessary cooperation to resolve the matter. The time limits set for the payment of commissions shall apply during the resolution of such matter.
Payment of commissions is made exclusively by bank transfer in CZK (Czech crowns) to the Partner's bank account held in a bank in the Czech Republic or Slovakia, while the Partner is obliged to provide the Provider with all the data necessary for the payment (especially the account number). Commissions will not be paid in cash, by foreign bank transfer (except in Slovakia in Czech crowns), by bank transfer or in any other way, unless otherwise agreed between the Partner and the Provider.
VIII. Partner's objections
In case of doubts, in particular about the correctness of the records of mediated conversions or approved commissions, the Partner has the possibility to raise objections with the Provider. In such case, the Partner is obliged to submit all available data and records related to the objections.
The partner has the right to object within 30 days from the date of the fact giving rise to the objection. The Provider is not obliged to respond to later objections.
Objections must be sent by the Partner to the Provider in written form, which also means an e-mail message sent to the Provider's contact e-mail. Only an objection that has been duly delivered to the Provider, is legible and contains all the information and documents necessary for a full assessment of the objection by the Provider shall be considered a duly lodged objection.
The assessment and decision on the objections submitted is fully within the competence of the Provider. Objections are usually handled by the Provider within 30 days from the date of their receipt by the Provider. The Provider's decision is then notified to the Partner.
IX. Duration and termination of the cooperation agreement
The cooperation agreement is concluded for the period specified in the campaign terms and conditions or for an indefinite period.
Termination of the cooperation agreement may occur:
- By agreement between the Provider and the Partner.
- By termination of the Provider or Partner. The notice must be given in writing or by e-mail and delivered to the other party, even without giving reasons. The Cooperation Agreement shall terminate on the date of delivery of the notice of termination to the other Party.
- Withdrawal from the cooperation agreement by the Provider. The Provider is entitled to withdraw from the Agreement if it is proven that the Partner is acting in violation of these Terms and Conditions, legal regulations or good morals. Notice of withdrawal must be given in writing or by email and delivered to the Partner stating the reason for withdrawal. The Cooperation Agreement shall then terminate on the date of delivery of the notice of withdrawal to the Partner. Withdrawal from the cooperation agreement by the Provider shall terminate the Partner's entitlement to unpaid commissions. In the event that the Provider suffers damage due to a breach of these Terms and Conditions or legal regulations, the Partner is obliged to compensate the Provider in full (the amount of damage is not reduced by unpaid commissions).
The termination of the cooperation agreement does not affect any claims for damages.
In the event of termination of the cooperation agreement by agreement or termination, the Partner is entitled to request payment of commissions from the Provider to which it was entitled on the date of termination of the cooperation agreement. The commissions will be paid to the Partner within 14 days from the date of receipt of the invoice.
X. Personal data protection
The Provider declares that the data will be protected in accordance with the relevant provisions of Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Please note that under the Regulation you have the right to:
- request information from us about what personal data we process about you,
- request access to this data and have it updated or corrected, or request a restriction on processing,
- the right to portability and the right to a copy of your personal data,
- request that we erase such personal data - unless it is personal data that we are obliged or authorised to process further under the relevant legislation,
- lodge a complaint with the Data Protection Authority and the right to effective judicial protection if you believe that your rights under the Regulation have been infringed as a result of the processing of your personal data in breach of the Regulation.
In the event that the implementation of campaigns violates the legal provisions of the previous Article 10.3 by the Partner, the Partner shall be solely responsible for such breach. In the event that the Provider is required to provide monetary compensation to the Partner in connection with such unlawful activity of the Partner, the Provider shall be entitled to reimbursement of such compensation, including the costs of legal representation.
Partners who have registered for the affiliate program agree to receive e-mail messages that will be used to send news and information related to campaigns in the commission program or the Provider's business.
The Terms and Conditions as amended are valid from 1.1.2022.