Terms and Conditions
TERMS AND CONDITIONS
Trading companies: NANOSHOP s.r.o.
registered office: Příkop 843/4, 602 00 Brno
id number: 09810994
registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 120919
for the sale of goods through the on-line shop located on the Internet address nanoshop.cz
1. Introductory provisions
1.1 These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of NANOSHOP s.r.o., 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, File 120919 hereinafter referred to as the “Seller”), in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), regulate the mutual rights and obligations of the parties arising in connection with or hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at the Internet address nanoshop.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2 The Terms and Conditions shall not apply in cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the ordering of goods in the course of his business activity or in the course of his / her independent profession.
1.3 Provisions deviating from the Terms and Conditions may be agreed in the sales contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5 The Seller may change or supplement the text of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. User account
2.1 Upon registration of the Buyer on the Website, the Buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon 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 by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The Buyer is not entitled to allow the use of the user account to third parties.
2.5 The Seller may cancel a user account, especially if the buyer has not used his user account for more than 365 days, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6 The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1 All the presentation of the goods placed in the web interface of the shop is of an informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2 The web interface of the store contains information about the goods, including the prices of individual goods. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3 The web interface of the shop also contains information on the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop is valid only in cases where the goods are delivered within the territory of 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 shop),
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 Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the possibility of the buyer to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the button "SEND ORDER". The data listed in the order they are deemed correct by the seller.
3.6 Sending an order is considered to be an act of the buyer, which undoubtedly identifies the goods ordered, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft contract for the parties. The validity of the order is conditioned by filling in all required information in the order form, familiarizing themselves with these terms and conditions on the website and confirming the buyer that they have read these terms and conditions.
3.7 The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the User Interface or in the Order (hereinafter referred to as the “Buyer's E-mail Address”).
3.8 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg 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 arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.11 In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send the buyer to the buyer's email address a modified offer indicating possible variants of the order and request the buyer's opinion.
3.12 The amended offer is considered to be a new draft purchase contract and the purchase contract is concluded in such a case only after the buyer's acceptance by e-mail.
3.13 The Buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
4. Price of goods and payment terms
4.1 The price of the goods and any costs associated with the delivery of goods according to 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;
4.1.2 cashless payment card at the seller's premises;
4.1.3 cash on delivery at the place specified by the buyer in the order;
4.1.4 by bank transfer to Seller's Account No. 3181297002 / 5500 (hereinafter referred to as “Seller's Account”);
4.1.5 cashless payment card.
4.2 Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3 The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4 In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 5 days of the conclusion of the purchase contract.
4.5 In the case of cashless 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 cashless 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, especially if the Buyer fails to confirm the order (Article 3.8), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8 If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document - the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's email address.
5. Withdrawal from the purchase contract
5.1 The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
5.1.1 the supply of goods, the price of which depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period,
5.1.2 the supply of alcoholic beverages, which may be supplied after thirty days and whose price depends on fluctuations in the financial market, independent of the seller's will,
5.1.3 on the delivery of goods which have been modified according to the buyer's wish or for his person
5.1.4. On the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery;
5.1.5 on the delivery of goods in a sealed package which the buyer has removed from the package and for hygienic reasons it cannot be returned,
5.1.6 the delivery of a sound or image recording or computer program if it has broken its original packaging,
5.1.7 on the supply of newspapers, periodicals or magazines,
5.1.8 on the delivery of digital content, unless it was delivered on a tangible medium and was delivered with the Buyer's prior express consent prior to the expiry of the withdrawal period and the Seller has informed the Buyer that he is not entitled to withdraw from the contract.
5.2 Unless this is the case referred to in Article 5.1 or any other case in which the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) within fourteen (14). days from receipt of goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence.
5.3 For withdrawal from the purchase contract, the buyer may use the standard form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer outside to the address of the Seller's premises or registered office. The provisions of Article 11 hereof shall apply to the delivery of withdrawal. The entrepreneur shall confirm the consumer's acceptance without undue delay in the text form.
5.4 In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.5 In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and the Buyer does not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
5.6 The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
5.7 The Seller is entitled to withdraw from the contract at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.8 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with the proviso that if the Buyer withdraws from the contract, the gift contract for such gift ceases to be effective. and provided gift.
6. Transport and delivery of goods
6.1 If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2 If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3 In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with 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 case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
7. Rights from Defective Performance
7.1 The rights and obligations of the contracting parties in respect of rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer took over the goods:
7.2.1 the goods have properties agreed upon by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2 the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3 the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
The goods are of a corresponding quantity, measure or weight and
7.2.5 the goods comply with legal requirements.
7.3 The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, takeover 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 at the time of receipt.
7.5 The Buyer shall exercise the rights from defective performance at the Seller's address at the Seller's premises where acceptance of the claim is possible with respect to the assortment of the goods being sold, or possibly at the registered office or place of business. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
7.6 Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
8. Other rights and obligations of the contracting parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2 In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3 The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz
8.4 The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9.1 The protection of the 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, address of residence, 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 realizing rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he 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 pursuant to this Article is not a condition that would in itself preclude 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 ordering from the web interface of the shop) correctly and truthfully and that he / she is obliged to inform the Seller without any undue delay.
9.5 The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting goods, the Seller shall not pass on personal data to third parties without the Buyer's prior consent.
9.6 Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided are accurate and that he / she has been advised that this is a voluntary disclosure of personal data.
9.8 Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with 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 asks for information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the previous sentence.
10. Sending business messages and storing cookies
10.1 The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
10.2 The Buyer agrees to the storage of cookies on his computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent under the previous sentence at any time. The AP_tracker_TID record stored in local storage is used to identify the source of the visit in the TUNE system provided by 5DM.cz. It is essential for the correct attribution of rewards in loyalty and cashback portals.
11.1 Notices relating to Seller-Buyer relations, in particular concerning withdrawal from the Purchase Agreement, must be delivered by registered mail, unless otherwise specified in the Purchase Agreement. Notifications shall be delivered to the appropriate contact address of the other party and shall be deemed delivered and effective upon delivery by post, with the exception of the withdrawal notice made by the Buyer when the withdrawal is effective if the notice is sent by the Buyer within the withdrawal period.
11.2 Notification shall also be deemed delivered if its receipt was refused by the addressee, was not picked up during the storage period, or which was returned as undeliverable.
11.3 The Parties may deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order, respectively. to the address on the seller's website.
12. Final provisions
12.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, 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. Changes and amendments to the purchase contract or the terms and conditions require written form.
12.3 The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 The model form for withdrawal from the purchase contract is attached to the Terms and Conditions.
12.5 Seller's contact details:
delivery address: NANOSHOP s.r.o., Příkop 843/4, 602 00 Brno, Czech Republic
e-mail address: email@example.com
Phone: +420 773 733 033
In Brno on 1.1.2022
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 specifies and specifies the rights and obligations of the seller, which is the company NANOSHOP s.r.o., registered office: Příkop 843/4, 602 00 Brno, ID: 09810994 (hereinafter referred to as the "Operator") and the Buyer (Customer, Consumer). All contractual relations are concluded in accordance with the laws of the Czech Republic. If the consumer is a party to the contract governed by relationships not regulated by the commercial conditions of 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 business conditions are governed by the Commercial Code, No. 513/1991 Coll., All as amended.
The Complaints Procedure applies to goods for which the rights of the Buyer for liability for defects are asserted during the warranty period.
II. ACCEPTANCE OF GOODS
A buyer who is a consumer
The buyer must inspect the goods immediately upon receipt in the presence of the carrier.
If there are obvious defects of the goods, which are considered to be all defects detectable upon receipt of goods, the buyer is obliged to make a record of damage with the carrier. In this case, the Buyer is entitled not to take over the goods. The buyer is also obliged to check the completeness of the product documentation.
Obvious defects, the buyer immediately complains to the seller. However, the condition of such a complaint is the submission of a record of damage to the goods during transport signed by the carrier.
A buyer who is not a consumer should, in his / her own interest, take similar steps in taking over the item as a buyer who is a consumer. It prevents possible inconvenience in the complaint due to damage to the goods during transport, the buyer by signing the shipping note confirms the external integrity of the shipment. The prerequisite for not damaging the goods during transport is primarily the external integrity of the delivered consignment.
III. WARRANTY CONDITIONS
If after the goods takeover by the buyer defects of the goods within the warranty period, the buyer is entitled to lodge a complaint.
The warranty period is governed by the applicable provisions of the Civil Code and is 24 months, with the exceptions stipulated by the relevant legislation.
The warranty period is extended by the period during which the goods were under warranty repair. In the case of replacement of goods, the buyer receives a new warranty of 24 months or until the warranty period of the original goods, if it is longer.
The consumer has:
in the case of a removable defect, the right to free, proper and timely removal of the defect, the right to exchange defective goods or defective parts, if this is not disproportionate due to the nature of the defect, and if such procedure is not possible, or withdraw from the purchase contract
if the defect is irremovable preventing the proper use of the goods, the right to exchange defective goods or withdraw from the contract
in the case of defects removable in large numbers or repeatedly and impede the proper use of the goods, the right to exchange defective goods or withdraw from the contract of sale
in the case of other irremovable defects and does not require replacement, the right to a reasonable discount on the purchase price or withdraw from the contract
Contractual warranty: The seller can provide an extended warranty on the goods. In such a case, the conditions and scope thereof shall be specified in the guarantee certificate.
IV. RETURNED GOODS
The consumer has the right pursuant to § 53, paragraph 7 of the Civil Code to withdraw from the contract concluded at a distance within 14 days of receipt of goods, except in cases explicitly referred to in paragraph 8 of the same provisions 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) formal withdrawal from the contract with the order number. Withdrawal from the contract must be delivered to the seller no later than the last day of the statutory 14-day period from receipt of the purchased item. If the consumer chooses to do so, he must return the undamaged goods, without any signs of use or wear, in the original undamaged package to the seller at the same time as the withdrawal or without undue delay after sending it. The seller is only entitled to reimbursement of the actual costs incurred in returning the goods, if such costs actually incurred and the seller will be able to prove them. We would like to ask you to provide a possible reason for returning the goods (it is not required by law and does not make it a condition for returning funds for 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, except for postage (freight), will be sent to the buyer's address or by bank transfer to the buyer's account no later than the statutory deadline (§ 53, paragraph 10). immediately after the physical receipt and inspection of the goods. It is not possible to return the goods by cash on delivery and all such consignments are immediately rejected and returned to the sender.
V. DISPUTE WITH THE PURCHASE CONTRACT
If the defect becomes apparent in the first 6 months after the acceptance of the performance, it shall be deemed to have already existed at the time of the acceptance of the thing, unless it proves otherwise or does not contradict the nature of the matter. In such a case, the buyer, if he is a consumer, has the right to choose a removable defect in addition to the standard warranty repair and also in exchange for a perfect one. If such action 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 or caused the conflict with the sales call. VI. Complaint handling
In the case of defects that occur during the warranty period, the goods are claimed directly at authorized service centers. The list of authorized service centers is attached to the manual or is part of the warranty card. The list of authorized service centers will also be provided by the Seller upon the Buyer's request.
Complaints can also be lodged with the supplier of defective goods.
The buyer proves the origin of the goods in the warranty repair by submitting proof of purchase and warranty certificate. If he is unable to submit these documents, he is obliged to prove the conclusion of the purchase contract in another demonstrable manner.
Complaints, including the removal of defects, must be settled without undue delay, no later than 30 days from the date of the claim, unless the supplier and the buyer expressly agree on a longer period. After the expiry of this period, the Buyer shall be granted the same rights as if it were an irremovable defect.
If the goods need to be sent to the supplier or service center, the buyer shall deliver the defective goods to the supplier's authorized service or facility at his own expense and risk. In his own interest, the buyer keeps the goods packed in suitable and sufficiently protective packaging material meeting the requirements of transport and fragile goods and marks the consignment with the appropriate symbols. Goods must be in their original packaging or packaging to prevent damage to the goods in transit, in complete condition and all other accessories. The buyer proves the origin of the goods by submitting a proof of purchase and a guarantee certificate or other document proving the realization of the purchase.
After proper processing of the complaint, the authorized service will ask the buyer to take over the repaired goods.
In case of multiple justified claim (3x justified claim of the same defect or 4x different) the customer is entitled to exchange for a new piece or refund the purchase price in full. The goods must be returned in a complete package, including all accessories, which was part of the delivery, with a warranty card, which lists all justified claims, respectively. relevant service cards for individual complaints. If the customer wants to withdraw from the purchase contract, he must state this in writing when claiming the goods (the third defect the same or the fourth different).
If an irremovable defect of 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 the purpose of doing business under the Commercial Code is not stipulated by the Civil Code and is determined on the basis of an agreement with the buyer - entrepreneur or warranty certificate.
VII. SCOPE OF WARRANTY
The warranty expires in the following cases:
failure to observe the conditions for professional installation with installation or if it was performed by a company not authorized for this activity,
use of the goods in conditions that do not meet the parameters specified in the documentation for the goods,
The warranty does not cover:
damage caused by a natural disaster, weather, mechanical damage, electrostatic charge,
defects caused by improper operation, failure to observe the operating instructions and insufficient maintenance,
Damage caused by the connection to the network not complying with the relevant CSN
Whenever a service technician visits the buyer, a report must be made of the defects found and the form of their removal. Without this protocol, the visit of the service technician is not taken into account.
These Complaints Procedure Rules are valid from January 1st, 2022 and fully replace the previous provisions.
PERSONAL DATA PROTECTION CONDITIONS
1. The personal data controller referred to in Article 4 (7) of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR") is Nanospol, s.r.o. ID No. 28271068 with its registered office at Bohunická 238/67, 638 00 Brno (hereinafter referred to as the “Administrator”).
2. Administrator contact details are
address: Příkop 843/4, 602 00 Brno, Czech Republic
phone: +420 773 733 033
3. Personal data shall mean all information relating to an identified or identifiable natural person; an identifiable natural person is a natural person that can be identified, directly or indirectly, in particular by reference to a particular identifier, such as name, identification number, location information, network identifier or one or more specific physical, physiological, genetic, psychological, economic, cultural or the social identity of this natural person.
4. The controller has not appointed a Data Protection Officer.
Sources and categories of processed personal data
1. The Administrator processes the personal data you have provided to him or the personal data obtained by the Administrator based on the fulfillment of your order.
2. The administrator processes your identification and contact information.
Legal reason and purpose of personal data processing
1. The legal reason for the processing of personal data is:
• performance of the contract between you and the administrator pursuant to Art. (b) GDPR.
2. The purpose of the processing of personal data shall be:
• processing your order and exercising the rights and obligations arising from the contractual relationship between you and the administrator; When ordering, personal information is required for successful order processing (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and performance of the contract.
3. There is no automatic individual decision-making within the meaning of Article 22 of the GDPR.
Data retention period
1. The Administrator keeps personal data • for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the Administrator and to assert claims arising from these contractual relations (for a period of 15 years from the termination of the contractual relationship).
2. After the personal data retention period expires, the controller shall delete the personal data.
Recipients of personal data (subcontractors of the administrator)
1. The recipients of personal data shall be persons
• involved in the delivery of goods / services / payments under contract;
• providing e-shop services (Shoptet) and other services related to e-shop operations,
• providing marketing services.
2. The controller does not intend to transfer personal data to a third country (to a non-EU country) or to an international organization.
1. Under the conditions set out in the GDPR you have
• the right of access to his personal data pursuant to Article 15 of the GDPR,
• the right to rectify personal data pursuant to Article 16 of the GDPR, or to limit processing according to Article 18 of the GDPR,
• the right to the deletion of personal data pursuant to Article 17 of the GDPR,
• the right to object to processing under Article 21 of the GDPR; and
• the right to data portability under Article 20 of the 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.
Terms of personal data security
1. The controller declares that it has taken all appropriate technical and organizational measures to safeguard personal data.
2. The Administrator has taken technical measures to secure data and personal data storage in paper form.
3. The controller declares that only the persons authorized by him have access to personal data.
1. By submitting an order form from the online order form, you acknowledge that you are familiar with and accept the terms of privacy.
These conditions come into effect on 1.1.2022.
Business conditions of cooperation and commission system of the online server located at the internet address www.nanoshop.cz
The provider of the commission system is:
Company: NANOSHOP s.r.o.
Registered: Příkop 843/4, Zábrdovice, 602 00 Brno
Company ID: 09810994
Tel .: +420 773 733 033
(hereinafter referred to as the "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;
- arising in connection with participation in the Provider's commission system.
By registering in the commission system, the Partner and the Provider express their consent to these terms and conditions and at the same time both parties undertake to comply with these terms and conditions.
In matters not regulated by these business conditions, the relations between the Partner and the Provider are governed by valid legal regulations, in particular Act No. 89/2012 Coll., The Civil Code.
The commission system is operated through the AffilBox application, which is provided by the company AffilBox s.r.o., Jahnova 8, Pardubice 530 02, IČ: 28777000, DIČ: CZ28777000.
A cooperation agreement is any agreement concluded in accordance with these terms and conditions between the Provider and the Partner, and the purpose of which is to promote the Provider's goods, services or activities. The Provider will publish the specific scope of the promotion, the amount of the commission, including information on the VAT commission charge and any other details, on its web interface. The cooperation agreement is concluded electronically and is not provided in writing. The Agreement is concluded by the Partner accepting the conditions of cooperation proposed by the Provider by pressing the confirmation button in the commission system. The cooperation agreement is not an order agreement or an agency agreement.
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 and conditions of the campaign or group of campaigns are described in the cooperation agreement.
The conversion is an event of the Visitor, which is the goal of the campaign. Conversion means, in particular, the completion of the purchase of goods or the order of the Provider's services. The visitor converts into a Provider's customer.
The methods of promotion are marketing and other similar activities of the Partner, by which the Partner promotes the goods or services of the Provider. Promotion methods include in particular:
- placement of advertising content (especially banners) on the Partner's website;
- providing a reference to the Provider's goods or services through blogs, discussion forums or articles (provided that the rules of blogs or discussion forums allow this activity);
- sending e-mails informing about the Provider's goods or services to persons who have given their appropriate consent to this form of marketing in accordance with legal regulations;
- a link 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 activities developed by the Partner within the permitted methods of promotion.
The 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 a Partner within the commission system. The partner is entitled to a commission only if his commission link was used in carrying out the approved conversion.
The commission account is the Partner's account maintained by the Provider in the AffilBox internet application within the administration of the commission system, to which the Partner has online access. The account records data concerning in particular the number of Visitors, orders and their status.
An approved conversion is a conversion in which the customer pays the price of the goods or services properly and in full.
The Provider's website is the Provider's website located at www.nanoshop.cz.
The Customer is a person who obligatorily orders goods or services or other services on the Provider's website.
III. Participation in the commission system
Participation in the commission system arises from the registration of the Partner in the commission system.
Within the commission system, the Partner promotes the Provider's services or goods on the basis of a cooperation agreement using promotion methods.
The Partner is fully liable for all damages caused by its actions in violation of these 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 the event of changes in the above data, the Partner is obliged to immediately inform the Provider of this fact. The Provider is not liable for damages incurred by the Partner due to failure to notify changes in the data.
IV. Rights and obligations of the Partner
The Partner is obliged to ensure that its activities do not damage or endanger the good name and reputation of the Provider or its offer of goods and services.
The Partner may not promote 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, these are websites with pornographic and illegal content and websites that infringe or promote intellectual property rights.
The Partner or family members of the Partner or persons acting in agreement with the Partner may not order the Provider's goods or services via the Partner's own commission link. If he does so, the Partner's right to commission on the conversions thus obtained expires. If the Provider has caused damage to the Provider, the Partner is obliged to compensate him for this damage in full.
The Partner is obliged to protect his access data to his commission account from misuse by a third party. The Provider is not liable for any damage caused to the Partner by such misuse.
The Partner is entitled to use for the promotion of the Provider all textual and pictorial materials which are the result of the Provider's creative activity or for which the Provider has a valid license and which are provided or made available to the Partner by the Provider for this purpose 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, without the prior consent of the Provider, change the HTML codes, graphics or content of advertising space (such as banners) provided by the Provider for use in the campaign.
The Partner is obliged to ensure that within the methods of promotion chosen by him, there is no unfair increase in the number of impressions of the Provider's advertising space through programs, scripts, reloading of advertising banners or other means.
The Partner undertakes not to promote the Provider by sending messages (e-mail, SMS, on discussion forums), which are qualified 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 also loses the right to commissions that have not yet been paid to him.
The Provider's goods or services may not be promoted through PPC campaigns in AdWords, Sklik, or Facebook Ads.
Banners, texts and other content located in the interface of the AffilBox application and the commission system, including the software of the web interface and the commission system, are protected by the copyright of the Provider or AffilBox s.r.o., and may be protected by other third party rights. The Content may not be altered, copied, reproduced, distributed or used by any third party for any purpose without the written consent of the Provider or another 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 regularly approve the Partner's conversions as part of the commission approval. The Partner will be notified of the approval of the conversion via his commission account.
The Provider is not liable for any damage caused by the promotion of programs involved in the commission system.
The Provider undertakes to pay the Partner a commission in accordance with Article 6 of these Terms and Conditions for the conversions approved by it.
The Provider is entitled to request for approval promotional e-mails and other texts that the Partner wants to use in the campaign.
The Provider is entitled to change or supplement the wording of these terms and conditions at any time. The rights and obligations of the parties are always governed by the wording of the terms and conditions under which they arose. The Provider is obliged to notify the Partner of any change in the business conditions via the contact e-mail provided by the Partner during registration. The new wording of the business conditions will be effective against the Partner from its notification.
The amount of the commission is stated in the commission system for each campaign separately.
Commissions will always be approved by the Provider immediately after the expiration of the period during which the legal regulations or business conditions of the Provider allow the consumer to withdraw from the contract. Conversion approval is done automatically and / or manually. The Partner will be informed about the approval of the commission via his commission account.
Commissions will be approved for those conversions where the goods or services promoted in the campaign have been duly and fully paid.
The Partner is not entitled to a commission for canceled or canceled orders or when the customer withdraws from the contract.
VII. Commission payment
The partner is entitled to a commission payment if the sum of approved commissions in its commission account is higher than the amount indicated on the web interface of the commission system (ie agreed in the cooperation agreement).
If the balance of the commission on the Partner's commission account exceeds the amount stated above, the Partner has the option to request the payment of a commission through his commission account. Based on the Partner's request, a report will be sent to the Partner, in which the final amount that the Partner can invoice will be stated. If the Partner is unable to issue an invoice, his commission will be paid to him on the basis of an agreement on the performance of work.
The maturity of the invoice issued by the Partner may not be less than 14 days from its delivery to the Provider. If the invoice states a shorter due date, the invoice is due 14 days from delivery.
The amount of the total commission required by the Partner for payment must correspond to the data stated in the commission account as of the date on which the Partner requests its payment. The Provider is entitled to review the Partner's request and the accuracy of the stated data. In the event of any discrepancies, the Provider will notify the Partner of its findings, and the parties undertake to provide each other with the cooperation necessary to resolve this matter. During the resolution of such a matter, deadlines are set for the payment of commissions.
The payment of commissions takes place exclusively by bank transfer in CZK (Czech crowns) to the Partner's bank account kept in a bank in the Czech Republic or Slovakia, while the Partner is obliged to provide the Provider with all data necessary for payment (especially account number). Commissions will not be paid in cash, by foreign bank transfer (with the exception of transfer to the territory of Slovakia in Czech crowns), by bank slip or in any other way, unless otherwise agreed between the Partner and the Provider.
VIII. Objections of the Partner
In case of doubts, especially about the correctness of the records of mediated conversions or approved commissions, the Partner has the opportunity to file his objections with the Provider. In such a case, the Partner is obliged to submit all available data and records related to the objections.
The partner has the right to raise his objections within 30 days from the date of occurrence of the fact that is the reason for the objection. The Provider is not obliged to respond to later objections.
Objections must be sent by the Partner to the Provider in writing, which also means an e-mail message sent to the Provider's contact e-mail. Only an objection that is duly delivered to the Provider, legible and contains all information and documents that are necessary for the full assessment of the objection by the Provider shall be considered a properly applied objection.
The assessment and decision on the submitted objections is fully within the competence of the Provider. Objections are usually handled by the Provider within 30 days from the date of their delivery to 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 conditions of the campaign, or for an indefinite period.
The cooperation agreement may be terminated:
- By agreement between the Provider and the Partner.
- 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.
- By withdrawing from the cooperation agreement on the part of 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, legislation or good morals. Notice of withdrawal must be made in writing or by e-mail and delivered to the Partner stating the reason for withdrawal. The cooperation agreement then expires on the day of delivery of the notice of withdrawal to the Partner. Withdrawal from the cooperation agreement by the Provider terminates the Partner's right to unpaid commissions. In the event that the Provider has caused damage by violating these terms and conditions or legal regulations, the Partner is obliged to compensate it 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 on the basis of an agreement or termination, the Partner is entitled to request the payment of commissions from the Provider, to which he became entitled on the date of termination of the cooperation agreement. Commissions will be paid to the Partner no later than 14 days from the date of delivery of the invoice.
X. Protection of personal data
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 individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC. Regulation on the protection of personal data).
Please note that under the Regulation you have the right to:
- request information from us about your personal data,
- request access to this data from us and have it updated or corrected, or request processing restrictions,
- on portability and the right to a copy of personal data,
- demand from us with the deletion of this personal data - unless it is personal data that we are obliged or authorized to further process according to applicable laws, file a complaint with the Office for Personal Data Protection and the right to effective judicial protection if you consider that your rights under the Regulation have been violated as a result of the processing of your personal data in breach of the Regulation.
In the event that a breach of legal regulations pursuant to the previous Article 10.3 occurs by the Partner during the implementation of the campaigns, the Partner bears sole responsibility for this breach. In the event that the Provider is required to pay monetary performance in connection with such illegal activities of the Partner, the Provider is entitled to reimbursement of such performance from the Partner, including the costs of legal representation.
Partners who have registered for the affiliate program agree to send e-mail messages, which will be used to send news and information related to campaigns in the commission program, or the subject of the Provider's business.
The business conditions in this version are valid from 1.1.2022.