These business conditions apply to all purchase and sale of goods made through the website www.oxepower.de, between the company RICOM secure sro, ID: 08572852, with its registered office in Liberec, Na Bělidle 1135, 460 06, entered in the Commercial Register kept by Regional Court in Ústí nad Labem, Section C, File 44230, (hereinafter referred to as the "Supplier") and the Customer.
1. Order goods
1) The list of goods on the website www.oxepower.de is a catalog of commonly supplied goods. The supplier does not guarantee the immediate availability of all items of goods. The availability of goods will always be confirmed on the basis of the order.
2) The customer can verify the prices of goods for individual items of goods. To order, the customer selects the goods, duly fills in the order form and sends the order. Before sending the order, the total price for the goods, including related fees, will be calculated and the customer will be asked to agree.
3) The sent order of goods is an offer to conclude a purchase contract. The order is also used to reserve goods.
Cancel an order
4) The customer and the supplier may cancel the customer's order without giving a reason until the binding confirmation of the order by the supplier. If the supplier cancels the order, he usually states the reason why it is not possible to confirm the order.
2. Acceptance of the contract and sending the goods
1) In the case of goods to be sent to the customer by post or courier service, the actual conclusion of the purchase contract requires a binding confirmation of the order by the supplier, which is the acceptance of the offer to conclude the purchase contract.
2) A binding order confirmation is not an automatically generated electronic confirmation of receipt of the order in the supplier's system.
3) A binding confirmation of the order is a confirmation e-mail about the availability of goods and their dispatch. The purchase contract is concluded at the moment of sending this confirmation. With regard to the fact that in most cases the supplier will contact the customer by phone before dispatch, it is not excluded that the offer will be accepted by the supplier by phone.
4) After the conclusion of the purchase contract, it is possible to change or cancel it only by prior agreement between the supplier and the customer, and under conditions that are mutually agreed, or if the goods are permanently unavailable.
5) The ordered goods will be delivered as soon as possible by post or another carrier, depending on its availability and the supplier's operational capabilities, usually within 2-4 working days from the binding confirmation of the order. The goods are considered delivered to the address specified by the customer in the order.
Way of transportation
6) Transport to the specified address is provided by the supplier, on the territory of the whole of Hungary. The cost of transporting goods varies according to the chosen mode of transport. Shipping costs are always already part of the order.
7) The consignment with the goods always contains a tax document and instructions for use of the product.
Acceptance of goods
8) The customer will inspect the goods upon receipt. If mechanical damage to the packaging of the goods is found, if the customer refuses to take over the goods, he shall draw up a record of damage to the consignment in the presence of the carrier and have this fact confirmed by the carrier.
9) By signing the delivery note to the carrier, the customer agrees to take over the goods and confirms that they arrived mechanically undamaged. The supplier therefore invites the customer to carefully check any mechanical damage before signing.
10) The place of performance of all contractual relations, including relations with a foreign element, is Tovární 319, 471 54 Cvikov.
Communication between customer and supplier
11) Further communication between the supplier and the customer is carried out by e-mail, unless the parties agree otherwise.
1) In the event that the description of the goods stipulates a warranty period for the quality of the goods, the customer can exercise the rights under the warranty during the warranty period - a complaint. This is the case even if the period of time for which the item can be used is stated for the goods.
2) In the event that the goods have a defect upon receipt, although this will manifest itself later, this defect establishes the customer's right to defective performance. The customer is entitled to exercise this right within 24 months of receipt of the goods. This does not affect the supplier's obligations under the quality guarantee.
3) The warranty period for the quality of the goods begins on the day of receipt of the goods by the customer.
4) The warranty period is stated for each product in its description. If there is a warranty card for the given product, then it is issued on the day of sale of the goods. If the guarantee certificate does not exist, the tax document serves as the guarantee certificate.
5) The warranty does not cover normal wear and tear of the goods (or its parts) caused by use. In such a case, the shorter service life of the product cannot be considered a defect and cannot be claimed as such.
6) Customers who use the goods for the purpose of business or trade with the given product are not guaranteed in accordance with the Civil Code. In such a case, customers are only guaranteed the rights arising from defective performance to the extent that the obligations arising from defective performance by the manufacturer or importer of goods to the Czech Republic persist.
7) In the event that the customer discovered a defect in the purchased goods during the warranty period, which was not caused by improper use, but by a defect of the product itself, he has the right to complain about the goods through the complaint procedure.
Defective performance rights
8) If the goods do not have the properties specified by law when taking over, ie if it is not delivered in the appropriate design according to the description of the goods or if the thing does not comply with Czech law, the customer may request delivery of new goods or withdraw from the contract, unless it is due to disproportionate to the nature of the defect. If the customer does not withdraw from the contract or request the delivery of new goods, he is entitled to a reasonable discount on the purchase price or to repair the item. The complaint procedure is used to assert these claims, with the primary settlement being the repair of the item.
9) The customer is entitled to exercise the right of defect for a period of 24 months.
10) In the event of a complaint, the customer proceeds by first contacting the supplier by e-mail (firstname.lastname@example.org). Usually, within two working days, the customer will be sent information on the next steps, namely the address of the authorized service center, which is closest to the customer's residence, or the address where the customer sends the claimed goods, and the form "guide to the claimed goods". Sending these documents will facilitate the identification of the shipment and faster processing of the request. Shipments that do not show why they were delivered to the supplier will be returned to the sender.
11) It is necessary to send the goods in the original packaging or suitable transport packaging, because the supplier is not liable for any mechanical damage before receiving the goods. In the event of a justified complaint, the customer has the right to reimbursement of postage in the lowest necessary amount for safe delivery (it is necessary to provide proof of the cost of this transport). In the case of an unjustified complaint, the consumer is not entitled to reimbursement of his costs associated with the settlement of the complaint and at the same time the supplier is not entitled to reimbursement of costs incurred on his part (unless the consumer has that it was an abuse of consumer rights).
12) The supplier or service center will assess the justification of the claim for a defect in the goods and after the assessment will notify the customer by phone or email about the method of handling the claim. Subsequently, the customer will be asked to pick up the claimed goods.
13) Pursuant to the provisions of Section 19, Paragraph 3 of Act No. 634/1992 Coll., On Consumer Protection, the time limit for settling a complaint is thirty days.
14) All justified complaints, where the defect manifests itself within 30 days of receipt of the goods, the supplier automatically resolves by exchanging the goods for a new piece. If the goods are not in stock at the moment, the supplier undertakes to order the goods as soon as possible or to allow the selection of other goods of the same value. For an expedited solution to the complaint in exchange for a new piece within 30 days of purchase, the claimed goods must be returned in the original packaging and complete (ie including all accessories, manuals, etc.). The replacement warranty does not cover mechanical damage.
4. Withdrawal from the contract
The customer's right to withdraw from the contract
1) The customer is entitled to withdraw from the contract if the supplier does not meet the agreed delivery conditions.
2) In accordance with § 1829 par. 1 let. a) of the Civil Code the right to withdraw from the contract within 14 days of receipt of the goods.
3) In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient to send the withdrawal from the contract before the expiration of the relevant period referred to in paragraph 2 of this article.
Supplier's right of withdrawal
4) The supplier is entitled to withdraw from the contract only until the moment of dispatch of the goods, and only in the event of unavailability of the goods or a significant change in the price of the goods from the subcontractor. However, before withdrawing, the supplier is always obliged to contact the customer in order to agree on further action.
Procedure in case of withdrawal from the contract
5) If the customer withdraws from the contract, the supplier shall return to him without undue delay, no later than 14 days from the date of receipt of the notice of withdrawal, all payments received by the supplier from the customer, including delivery costs (except for additional costs incurred in as a result of the delivery method chosen by the customer, which is different from the cheapest standard delivery method offered by the supplier). To refund payments, the Supplier shall use the same means of payment used by the Customer to make the initial transaction, unless the Customer expressly states otherwise. The supplier returns the funds to the buyer's account after signing the credit note.
6) The customer may withdraw from the contract by notifying the supplier of this fact, electronically to the email address email@example.com or in writing at the supplier's premises.
7) Upon withdrawal from the contract, the customer shall state the order number, variable symbol and date of purchase and submit the original or a copy of the proof of purchase of goods. Shipments that do not show why they were sent to the supplier will be returned to the sender.
8) If the customer has already received and accepted the goods, he sends the goods back to the supplier's premises, where the supplier assesses the condition of the returned goods without undue delay. To return the full amount, the goods must be returned to the supplier in undamaged condition, undamaged, complete (including accessories and all provided documents and original packaging).
9) In the event that the goods are returned to the supplier in a condition other than intact, the customer is obliged to reimburse in particular the costs related to the restoration of the goods and the damage to the goods. Reimbursement of these costs and damages will be made by the purchase price, which is returned by the supplier in the event of withdrawal, is reduced by these costs and damages accordingly.
10) In the event of withdrawal from the contract, the customer bears the costs associated with the return of goods.
11) Model form for withdrawal from the contract:
"Notice of withdrawal
Addressee: RICOM secure s.r.o., ID: 08572852, with its registered office in Liberec, Na Bělidle 1135, 460 06
I declare that I hereby withdraw from the contract for the purchase of these goods, order no .. .. .. ..
Date of order / date of receipt: .. .. .. ../ .. .. .. ..
Name and surname of the customer - consumer: .. .. .. ..
Customer - consumer address: .. .. .. ..
Bank account to which the money is to be refunded: .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ... .
Signature of the customer - consumer (only if this form is sent in paper form): .. .. .. ..
Date: .. .. .. ..
Send the shipment with the claimed goods to the address:
RICOM secure s.r.o.
471 54 Cvikov
5. Protection of personal consumer data
1) The supplier processes the customer's personal data for the purpose of concluding and managing the contract and delivery, for the fulfillment of its legal obligations or with the customer's consent for the purpose of improving the services and offer of the seller, for marketing purposes incl. sending business messages and personalization of advertising, or. another purpose for which the customer has given his consent.
2) The processing of personal data shall take place in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 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. EC (General Regulation on Personal Data Protection) and related Czech legislation and in accordance with the Principles for the Handling of Personal Data of the Supplier, which states how the Supplier handles personal data of the customer, what information it stores about the customer, how it uses the information and to whom it may be passed on. The policy for the handling of personal data also contains a list of all rights of the customer in connection with the processing of personal data, in particular the right to information, correction, deletion or the right to revoke the consent to the processing at any time.
3) In connection with the processing of personal data, the supplier declares that (i) it processes personal data in accordance with the requirements stipulated by legal regulations; (ii) ensure that persons authorized to process personal data are bound by professional secrecy or are subject to a legal obligation of confidentiality; (iii) take appropriate technical and organizational measures to ensure the necessary level of security for personal data; and (iv) in the event of a breach of personal data security with a risk to the rights and freedoms of individuals, inform the supervisory authority, or data subjects.
More on: PRINCIPLES FOR THE PROTECTION OF PERSONAL DATA
6. Out-of-court settlement of consumer disputes
1) The customer, who is a consumer, is entitled, if he believes that he is damaged by the actions of the supplier, to contact the email address firstname.lastname@example.org.
2) If we fail to resolve the dispute directly, on the basis of Act No. 378/2015 amending Act No. 634/1992 Coll., On consumer protection, the customer also has the right to out-of-court settlement of a consumer dispute.
3) The subject (ADR) of out-of-court settlement of consumer disputes between the supplier and the customer is the Czech Trade Inspection Authority, or another entity authorized by the Ministry of Industry and Trade, see http://www.mpo.cz/dokument169867.html.
4) At the Czech Trade Inspection Authority, the customer has the opportunity to submit a proposal via the online form available on the website of the Czech Trade Inspection Authority: https://adr.coi.cz/cs.
5) The customer may submit a proposal to the Czech Trade Inspection Authority or an authorized entity no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
6) The customer can also submit a proposal through the EU Out-of-Court Consumer Dispute Resolution Platform, which is available online at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN . Only a customer living in the EU can submit a proposal here.
7) If the disputing parties are not satisfied with the quality of out-of-court settlement of a consumer dispute and believe that the Rules for Out-of-Court Settlement of Consumer Disputes were violated during the proceedings, they can file a complaint to the Ministry of Industry and Trade or to the email address email@example.com.
8) In the case of cross-border disputes, the European Consumer Center Czech Republic assists consumers in accessing the competent body for out-of-court settlement of consumer disputes.
9) The costs associated with the out-of-court settlement of consumer disputes shall be borne by the parties themselves.
10) Supervision over the area of personal data protection is performed by the Office for Personal Data Protection pursuant to Act no. No. 101/2000 Coll., on the protection of personal data, www.uoou.cz.
7. Final provisions
1) Deviation from the GTC is possible only with the written consent of both parties. Additional or different conditions of the business partner do not apply to the contractual relations specified in these GTC. The wording of these GTC may be changed or supplemented by the contractor. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the GTC.
2) By concluding the purchase contract, the buyer confirms that he has read these GTC and that he agrees with them. The buyer is sufficiently informed of these GTC before sending the order and has the opportunity to get acquainted with them. These GTC are an integral part of the concluded purchase contract.
3) Information on individual technical steps leading to the conclusion of the contract is evident from the ordering process according to these GTC and the buyer has the opportunity to check and possibly correct the order before sending it. These GTC can be viewed on the website www.oxepower.de and thus their archiving and reproduction to the customer is enabled.
4) Communication between the supplier and the customer is carried out by e-mail at the e-mail address firstname.lastname@example.org or by telephone contact, unless the parties agree otherwise.
5) The contract is concluded in the Czech language, and will be deposited with the supplier in the form of an order and its confirmation, which the customer will receive by e-mail. The customer will not have access to the purchase contract stored with the supplier.
6) The supplier reserves the right to change the business conditions. The changed conditions will be announced in a suitable way on the website www.oxepower.de.
7) All contractual relations between the supplier and the customer are governed by Czech law, in particular Act No. 89/2012 Coll., The Civil Code, and Act no. No. 634/1992 Coll., on consumer protection.
8) These General Terms and Conditions take effect from the date of their publication.
In Prague on February 18, 2020