General Terms & Conditions
for the sale of goods via an electronic shop located at the internet address: http://www.chronotechna.com operated by Chronotechna SE, ID: 08676399, Tax ID: CZ08676399, with its registered office at V jirchářích 146/5, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained at the Prague Municipal Court, Section H, insert 2294 (hereinafter the "Seller"), concluded pursuant to § 1751 of Act No 89/2012, the Civil Code, as amended (hereinafter the "Civil Code").
1 INITIAL PROVISIONS
1.1. These Terms and Conditions (hereinafter the "Terms and Conditions") govern, in accordance with the provisions of § 1751(1) of the Civil Code, the mutual rights and obligations of the contracting parties arising in connection with or on the basis of individual purchase contracts (hereinafter a "purchase contract" or "contract") concluded between the Seller and other individuals or corporate entities as the buyer (hereinafter the "Buyer"), the subject of which is the Seller's obligation give the ordered goods (hereinafter the "goods" or "item") to the Buyer and to enable him to acquire ownership of the goods and the Buyer's obligation to receive the goods and to pay the Seller the purchase price in accordance with the purchase contract and these Terms and Conditions. The Terms and Conditions also govern rights and obligations during the use of the Seller's website at http://www.chronotechna.com (hereinafter the "website" or "e-shop") and other related legal relations.
1.2. These Terms and Conditions govern contractual relations both between the Seller as a business and a Buyer as as a a consumer (hereinafter also a "consumer Buyer") and between the Seller and a Buyer as two businesses (hereinafter also a "business Buyer').
1.3. Legal relationships that are not expressly regulated by these Terms and Conditions are governed by the Civil Code. In the case of a consumer Buyer, the rights and obligations of the Seller and the Buyer are also governed by the provisions of § 2158 et seq. of the Civil Code and Act No. 634/1992 on consumer protection, as amended (hereinafter the "CPA").
1.4. The provisions of these Terms and Conditions are an integral part of the purchase contract concluded through the e-shop located on the website. The Purchase Agreement and the Terms and Conditions are drawn up and concluded in Czech and English.
1.5. The Seller may amend the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective period of a previous version of the Terms and Conditions.
1.6. By ordering the goods, the Buyer agrees to the version of the Terms and Conditions on the website at the time of conclusion of the purchase contract. The Terms and Conditions are published in a manner permitting the Buyer permanent access and their storage, including previous versions of the Terms and Conditions.
1.7. The Buyer's Terms and Conditions are ineffective and inapplicable for contractual relationships established by the purchase contract, except in cases where the Seller expresses its prior express written consent to the application of selected specific provisions of the Buyer's Terms and Conditions.
1.8. Any verbal or written statements, warranties, negotiations, notices of intent and business practices not expressly stated or expressly incorporated in the purchase contract or in these Terms and Conditions shall not be binding on any contracting party. Each of the contracting parties declares that it does not rely on or have not been influenced by any statements of the other contracting party that are not contained in the purchase contract or in these Terms and Conditions. It expressly applies that the purchase contract together with the Terms and Conditions replaces all previous written or verbal agreements of any nature.
1.2. These Terms and Conditions govern contractual relations both between the Seller as a business and a Buyer as as a a consumer (hereinafter also a "consumer Buyer") and between the Seller and a Buyer as two businesses (hereinafter also a "business Buyer').
1.3. Legal relationships that are not expressly regulated by these Terms and Conditions are governed by the Civil Code. In the case of a consumer Buyer, the rights and obligations of the Seller and the Buyer are also governed by the provisions of § 2158 et seq. of the Civil Code and Act No. 634/1992 on consumer protection, as amended (hereinafter the "CPA").
1.4. The provisions of these Terms and Conditions are an integral part of the purchase contract concluded through the e-shop located on the website. The Purchase Agreement and the Terms and Conditions are drawn up and concluded in Czech and English.
1.5. The Seller may amend the Terms and Conditions. This provision is without prejudice to rights and obligations arising during the effective period of a previous version of the Terms and Conditions.
1.6. By ordering the goods, the Buyer agrees to the version of the Terms and Conditions on the website at the time of conclusion of the purchase contract. The Terms and Conditions are published in a manner permitting the Buyer permanent access and their storage, including previous versions of the Terms and Conditions.
1.7. The Buyer's Terms and Conditions are ineffective and inapplicable for contractual relationships established by the purchase contract, except in cases where the Seller expresses its prior express written consent to the application of selected specific provisions of the Buyer's Terms and Conditions.
1.8. Any verbal or written statements, warranties, negotiations, notices of intent and business practices not expressly stated or expressly incorporated in the purchase contract or in these Terms and Conditions shall not be binding on any contracting party. Each of the contracting parties declares that it does not rely on or have not been influenced by any statements of the other contracting party that are not contained in the purchase contract or in these Terms and Conditions. It expressly applies that the purchase contract together with the Terms and Conditions replaces all previous written or verbal agreements of any nature.
2 CONCLUSION OF A PURCHASE AGREEMENT
2.1. The Buyer places an order by filling in their information and selecting the product on the website, after choosing the product through the website. The Buyer acknowledges and agrees that the images of the goods used in the e-shop are for illustration only and may not fully correspond to reality.
2.2. The order is sent at the moment when all fields of the order form are filled in and agreement with these terms and conditions is confirmed. The proposal is sent at the moment the "Pay" button is clicked. Before the order is sent to the Seller, the Buyer is allowed to check and modify the information they have entered in the order, including giving the Buyer the ability to detect and correct any errors that have occurred when entering information during the ordering process. The Seller considers the information provided in the order to be correct and complete.
2.3. The purchase contract is concluded at the moment the Buyer's order is received in the Seller's system. Upon receipt of the Buyer's order, the Seller notifies the Buyer via email of that their order has been received by the Seller's system. Confirmation of receipt of the order in the Seller's system is considered confirmation of the conclusion of the purchase contract. If this confirmation is not sent, the Buyer's order has not been accepted by the Seller and the purchase contract has not been concluded.
2.4. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (for example, the cost of a data connection to the internet) are in the normal amount, depending on the telecommunication services plan used by the Buyer, and these costs are borne by the Buyer.
2.5. The Buyer will receive the text of these Terms and Conditions as an attachment to the confirmation of the conclusion of the purchase contract.
2.6. The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone) at any time, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs). If the Buyer refuses to authorize the order in the manner requested, it is assumed that the Buyer does not want the order and has withdrawn from the purchase contract.
2.7. If the Seller delivers a larger quantity of items to the Buyer-entrepreneur than agreed, the purchase contract is not concluded for the surplus quantity and a business Buyer is obliged to inform the Seller and return the excess quantity to the Seller without undue delay.
2.8. By concluding the purchase contract, the Buyer does not incur any rights to any use of trademarks, trade names, marketing materials, copyright works or other rights related to the intellectual property of the Seller, his contractual partners or third parties, unless otherwise agreed in a specific case by a special contract.
2.9. If the web interface of the shop allows it, the Buyer may also order goods with the registration of a personal user account (hereinafter the "user account"). When registering on the website and ordering goods, the Buyer must correctly and truthfully state all data relating to them and the order for goods. The Buyer must update the information in their user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered to be correct and complete. The Buyer must maintain confidentiality regarding information needed to access their user account. The Buyer is not authorized to allow third parties to use the user account.
2.2. The order is sent at the moment when all fields of the order form are filled in and agreement with these terms and conditions is confirmed. The proposal is sent at the moment the "Pay" button is clicked. Before the order is sent to the Seller, the Buyer is allowed to check and modify the information they have entered in the order, including giving the Buyer the ability to detect and correct any errors that have occurred when entering information during the ordering process. The Seller considers the information provided in the order to be correct and complete.
2.3. The purchase contract is concluded at the moment the Buyer's order is received in the Seller's system. Upon receipt of the Buyer's order, the Seller notifies the Buyer via email of that their order has been received by the Seller's system. Confirmation of receipt of the order in the Seller's system is considered confirmation of the conclusion of the purchase contract. If this confirmation is not sent, the Buyer's order has not been accepted by the Seller and the purchase contract has not been concluded.
2.4. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (for example, the cost of a data connection to the internet) are in the normal amount, depending on the telecommunication services plan used by the Buyer, and these costs are borne by the Buyer.
2.5. The Buyer will receive the text of these Terms and Conditions as an attachment to the confirmation of the conclusion of the purchase contract.
2.6. The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone) at any time, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs). If the Buyer refuses to authorize the order in the manner requested, it is assumed that the Buyer does not want the order and has withdrawn from the purchase contract.
2.7. If the Seller delivers a larger quantity of items to the Buyer-entrepreneur than agreed, the purchase contract is not concluded for the surplus quantity and a business Buyer is obliged to inform the Seller and return the excess quantity to the Seller without undue delay.
2.8. By concluding the purchase contract, the Buyer does not incur any rights to any use of trademarks, trade names, marketing materials, copyright works or other rights related to the intellectual property of the Seller, his contractual partners or third parties, unless otherwise agreed in a specific case by a special contract.
2.9. If the web interface of the shop allows it, the Buyer may also order goods with the registration of a personal user account (hereinafter the "user account"). When registering on the website and ordering goods, the Buyer must correctly and truthfully state all data relating to them and the order for goods. The Buyer must update the information in their user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered to be correct and complete. The Buyer must maintain confidentiality regarding information needed to access their user account. The Buyer is not authorized to allow third parties to use the user account.
3 THE PURCHASE PRICE OF GOODS PURSUANT TO THE PURCHASE AGREEMENT AND TERMS OF PAYMENT
3.1. The price of goods is specified in the e-shop. Through an order form on the website, the Buyer selects certain goods or services, which have a specified price.
3.2. The Buyer may pay the price of the goods and any costs related to their delivery pursuant to the purchase contract in the following ways:
3.2.1 cashless payment with a payment card or other cashless method, in advance, when purchasing goods in the e-shop, if the e-shop's payment gateway permits this payment method;
3.3. Along with the purchase price, the Buyer must also pay costs related to packaging, payment, and delivery of the goods in the contractually stipulated amount when ordering goods worth less than EUR 100. These costs are specified in these Terms and Conditions or on the website.
3.4. In the case of advance payment, if the Seller does not receive the payment within five (5) days after the due date of the invoice, it is assumed that the Buyer is no longer interested in the contract and has withdrawn from it.
3.5. Any discounts on the price of goods provided to the Buyer cannot be combined.
3.6. The Seller is a VAT registrant. Unless specified otherwise, the purchase price specified on the website is always final.
3.7. If customary in the commercial transactions, or if stipulated by generally applicable legislation, the Seller shall issue a tax document (invoice) to the Buyer for payments made under the purchase contract. The Seller shall issue the invoice/tax receipt to the Buyer after the price of the goods has been paid or after the goods have been delivered, and shall send it in electronic form to the Buyer's email address or shall include it with the goods during their delivery.
3.8. The Buyer's banking fees related to payments to the Seller shall be borne by the Buyer. The contracting parties explicitly agree that the Buyer shall not be entitled to any discount of they pay the purchase price or part thereof prior to its due date.
3.9. The contracting parties explicitly agree that the Buyer is not entitled to delay any payment of any part of the purchase price due to defective goods or other alleged claims of the Buyer on the Seller.
3.10. Pursuant to the Act on Registration of Sales, the Seller must issue the Buyer a receipt. At the same time, the Seller must register the received funds on-line with the tax administrator; in the event of a technical fault, this must occur within 48 hours.
3.2. The Buyer may pay the price of the goods and any costs related to their delivery pursuant to the purchase contract in the following ways:
3.2.1 cashless payment with a payment card or other cashless method, in advance, when purchasing goods in the e-shop, if the e-shop's payment gateway permits this payment method;
3.3. Along with the purchase price, the Buyer must also pay costs related to packaging, payment, and delivery of the goods in the contractually stipulated amount when ordering goods worth less than EUR 100. These costs are specified in these Terms and Conditions or on the website.
3.4. In the case of advance payment, if the Seller does not receive the payment within five (5) days after the due date of the invoice, it is assumed that the Buyer is no longer interested in the contract and has withdrawn from it.
3.5. Any discounts on the price of goods provided to the Buyer cannot be combined.
3.6. The Seller is a VAT registrant. Unless specified otherwise, the purchase price specified on the website is always final.
3.7. If customary in the commercial transactions, or if stipulated by generally applicable legislation, the Seller shall issue a tax document (invoice) to the Buyer for payments made under the purchase contract. The Seller shall issue the invoice/tax receipt to the Buyer after the price of the goods has been paid or after the goods have been delivered, and shall send it in electronic form to the Buyer's email address or shall include it with the goods during their delivery.
3.8. The Buyer's banking fees related to payments to the Seller shall be borne by the Buyer. The contracting parties explicitly agree that the Buyer shall not be entitled to any discount of they pay the purchase price or part thereof prior to its due date.
3.9. The contracting parties explicitly agree that the Buyer is not entitled to delay any payment of any part of the purchase price due to defective goods or other alleged claims of the Buyer on the Seller.
3.10. Pursuant to the Act on Registration of Sales, the Seller must issue the Buyer a receipt. At the same time, the Seller must register the received funds on-line with the tax administrator; in the event of a technical fault, this must occur within 48 hours.
4 DELIVERY TERMS
4.1. The method of delivery of the goods is determined by the Seller, unless otherwise specified in the purchase contract. If the shipping method is agreed based on a special request by the Buyer, the Buyer shall bear the risk and any additional costs associated with this shipping method.
4.2. Delivery time is always specified by the Seller. The goods will be delivered to the Buyer within thirty (30) days of the conclusion of the purchase contract. Deadlines specified on the website are merely examples, and failure to meet them does not give the Buyer the right to a discount on the purchase price or any sanction for late delivery of goods or the right to damages.
4.3. Liability for the goods shall pass to the Buyer upon their delivery.
4.4. Ownership of goods is delivered to the Buyer based on the contract and these Terms and Conditions shall pass to the Buyer the moment the Buyer has taken delivery of the goods and has paid the entire purchase price. Until transfer of ownership has taken place, the Buyer must not interfere in an inappropriate manner (especially by transferring ownership to another entity, leasing, mortgaging, or otherwise placing a legal burden on the goods) in the Seller's ownership rights, and at the Seller's request, must protect their ownership rights.
4.5. Depending on the delivery method chosen, the Buyer must also pay the Seller for shipping and any costs related to collection of payment upon delivery. Shipping costs are specified on the e-shop's website. The following shipping methods are available:
4.2. Delivery time is always specified by the Seller. The goods will be delivered to the Buyer within thirty (30) days of the conclusion of the purchase contract. Deadlines specified on the website are merely examples, and failure to meet them does not give the Buyer the right to a discount on the purchase price or any sanction for late delivery of goods or the right to damages.
4.3. Liability for the goods shall pass to the Buyer upon their delivery.
4.4. Ownership of goods is delivered to the Buyer based on the contract and these Terms and Conditions shall pass to the Buyer the moment the Buyer has taken delivery of the goods and has paid the entire purchase price. Until transfer of ownership has taken place, the Buyer must not interfere in an inappropriate manner (especially by transferring ownership to another entity, leasing, mortgaging, or otherwise placing a legal burden on the goods) in the Seller's ownership rights, and at the Seller's request, must protect their ownership rights.
4.5. Depending on the delivery method chosen, the Buyer must also pay the Seller for shipping and any costs related to collection of payment upon delivery. Shipping costs are specified on the e-shop's website. The following shipping methods are available:
4.5.1 Shipping provided by the Seller
4.5.2 Shipping via the following service: DHL;
4.6. If, pursuant to the purchase contract, the Seller must deliver the goods to a location specified by the Buyer in the order, the Buyer must accept the goods upon delivery.
4.7. If, for reasons on the Buyer's part (including the inability to deliver to the Buyer) it is necessary to store the goods and attempt delivery again or in another manner, the Buyer must pay the costs related to storage and repeat delivery or costs related to a different delivery method. Repeat delivery will be addressed ad-hoc via email, phone, or other contact information provide by the Buyer when completing the order form.
4.8. The Seller reserves the right to contact the Buyer prior to delivery to check whether the Buyer is present at the address provided in the order. The Seller is not responsible for any delay in delivery of the goods to the Buyer.
4.9. The Seller does not guarantee immediate availability of all items. The Seller shall confirm availability upon the Buyer's query.
4.10. When taking delivery of the goods from the carrier, the Buyer must check the integrity of the packaging, and must immediately report any defects to the carrier.
4.11. If the type of packaging is not specified, the Seller shall package the item in the customary manner; if there is no such customary manner, then in a manner necessary to maintain and protect the item. The Seller shall package the item for shipping in the same manner.
4.12. Additional rights and obligations of the parties during shipment of goods may be governed by the Seller's special terms and conditions of delivery, if the Seller has issued such terms and conditions.
4.7. If, for reasons on the Buyer's part (including the inability to deliver to the Buyer) it is necessary to store the goods and attempt delivery again or in another manner, the Buyer must pay the costs related to storage and repeat delivery or costs related to a different delivery method. Repeat delivery will be addressed ad-hoc via email, phone, or other contact information provide by the Buyer when completing the order form.
4.8. The Seller reserves the right to contact the Buyer prior to delivery to check whether the Buyer is present at the address provided in the order. The Seller is not responsible for any delay in delivery of the goods to the Buyer.
4.9. The Seller does not guarantee immediate availability of all items. The Seller shall confirm availability upon the Buyer's query.
4.10. When taking delivery of the goods from the carrier, the Buyer must check the integrity of the packaging, and must immediately report any defects to the carrier.
4.11. If the type of packaging is not specified, the Seller shall package the item in the customary manner; if there is no such customary manner, then in a manner necessary to maintain and protect the item. The Seller shall package the item for shipping in the same manner.
4.12. Additional rights and obligations of the parties during shipment of goods may be governed by the Seller's special terms and conditions of delivery, if the Seller has issued such terms and conditions.
5 WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. A consumer Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for goods that have been modified according to the wishes of the consumer Buyer or for them; from a purchase contract for perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery; from the purchase contract for goods in sealed packaging that the consumer has removed from the packaging and that cannot be returned for hygienic reasons; and from the purchase contract for an audio or video recording or a computer program, if the seal on its original packaging has been broken
5.2. In cases other than those specified in Article 5.1. or cases other than those pursuant to § 1837 of the Civil Code, when it is not possible to withdraw from the purchase contract, in accordance with the provisions of § 1829(1) of the Civil Code, a consumer Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; if the subject of the purchase contract comprises several types of goods or involves the delivery of several parts, this period runs from the date of receipt of the last delivery of goods and in the case of regular periodic delivery of goods this period runs from the date of receipt of the first batch of goods. Chronotechna SE provides an extended term for rights withdrawal for thirty (30) days. Notice of withdrawal from the contract must be sent to the Seller by the deadline pursuant to the previous sentence. In withdrawing from the purchase contract, the consumer Buyer may make use of the form provided by the Seller as an appendix to the Terms and Conditions. The consumer Buyer may send the withdrawal from the purchase contract to, inter alia, the Seller's business address or to the Seller's email address:
5.2. In cases other than those specified in Article 5.1. or cases other than those pursuant to § 1837 of the Civil Code, when it is not possible to withdraw from the purchase contract, in accordance with the provisions of § 1829(1) of the Civil Code, a consumer Buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods; if the subject of the purchase contract comprises several types of goods or involves the delivery of several parts, this period runs from the date of receipt of the last delivery of goods and in the case of regular periodic delivery of goods this period runs from the date of receipt of the first batch of goods. Chronotechna SE provides an extended term for rights withdrawal for thirty (30) days. Notice of withdrawal from the contract must be sent to the Seller by the deadline pursuant to the previous sentence. In withdrawing from the purchase contract, the consumer Buyer may make use of the form provided by the Seller as an appendix to the Terms and Conditions. The consumer Buyer may send the withdrawal from the purchase contract to, inter alia, the Seller's business address or to the Seller's email address:
Chronotechna SE
Address: Senovážné náměstí 869/28, 110 00 Prague 1
Phone: +420 736 147 212
Email: care@chronotechna.com
Phone: +420 736 147 212
Email: care@chronotechna.com
5.3. In the event of withdrawal from the purchase contract, it is cancelled from the beginning. The goods must be returned to the Seller within thirty (30) days of delivery of notice of withdrawal from the contract to the Seller. The goods must be returned to the Seller undamaged and free of wear and tear.
5.4. If the Buyer withdraws from the Purchase Agreement, the cost of returning the product(s) to the Seller shall be covered by the Buyer, even if the the goods cannot be returned by normal post.
5.5. Within fourteen (14) days of the return of the goods to the Seller, the Seller is entitled to inspect the returned goods, especially in order to determine whether the returned goods are not damaged, worn, or partially consumed.
5.6. The Seller acknowledges that if goods returned by the Buyer is damaged, worn, or partially consumed, the Seller is entitled to receive damages from the Buyer. The Seller is entitled to unilaterally subtract these damages from the refund due to the Buyer.
5.7. In the event of withdrawal from the contract pursuant to Article 5.2. of the Terms and Conditions , the Seller shall return the funds received from the consumer Buyer, except for the costs of delivery of the goods exceeding the cheapest method of delivery of the goods offered by the Seller (for the sake of clarity, the costs of delivery are also considered to be costs associated with payment, in particular cash on delivery costs, that are not considered the cheapest method of delivery), namely within fourteen (14) days of withdrawal from the purchase contract by the consumer Buyer and in the same way as the Seller received them from the consumer Buyer. The Seller is also entitled to return payment already provided by the consumer Buyer upon return of the goods by the Buyer or in any other way, if the consumer Buyer agrees and does not thereby incur additional costs. If the consumer Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods or provided proof that the goods have been sent to the Seller.
5.8. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the purchase contract at any time, even without providing a reason. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, if it has been paid, in the same way it was paid. Notice of withdrawal from the purchase contract is considered effective upon its delivery to the other party.
5.9. If the other party incurs the right to withdraw from the contract, this contracting party may do so with respect to the entire contract or merely with respect to part thereof. If the contracting party does not specify they are withdrawing from part of the contract, it is assumed they are withdrawing from the entire contract.
5.10. If a gift is provided to the Buyer together with the goods, a gift contract between the Seller and the Buyer shall be concluded on condition that, if the Buyer withdraws from the purchase contract, the gift contract shall become null and void and the Buyer shall be obliged to return the gift provided by the Seller along with the goods.
5.5. Within fourteen (14) days of the return of the goods to the Seller, the Seller is entitled to inspect the returned goods, especially in order to determine whether the returned goods are not damaged, worn, or partially consumed.
5.6. The Seller acknowledges that if goods returned by the Buyer is damaged, worn, or partially consumed, the Seller is entitled to receive damages from the Buyer. The Seller is entitled to unilaterally subtract these damages from the refund due to the Buyer.
5.7. In the event of withdrawal from the contract pursuant to Article 5.2. of the Terms and Conditions , the Seller shall return the funds received from the consumer Buyer, except for the costs of delivery of the goods exceeding the cheapest method of delivery of the goods offered by the Seller (for the sake of clarity, the costs of delivery are also considered to be costs associated with payment, in particular cash on delivery costs, that are not considered the cheapest method of delivery), namely within fourteen (14) days of withdrawal from the purchase contract by the consumer Buyer and in the same way as the Seller received them from the consumer Buyer. The Seller is also entitled to return payment already provided by the consumer Buyer upon return of the goods by the Buyer or in any other way, if the consumer Buyer agrees and does not thereby incur additional costs. If the consumer Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods or provided proof that the goods have been sent to the Seller.
5.8. Until the Buyer accepts the goods, the Seller is entitled to withdraw from the purchase contract at any time, even without providing a reason. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, if it has been paid, in the same way it was paid. Notice of withdrawal from the purchase contract is considered effective upon its delivery to the other party.
5.9. If the other party incurs the right to withdraw from the contract, this contracting party may do so with respect to the entire contract or merely with respect to part thereof. If the contracting party does not specify they are withdrawing from part of the contract, it is assumed they are withdrawing from the entire contract.
5.10. If a gift is provided to the Buyer together with the goods, a gift contract between the Seller and the Buyer shall be concluded on condition that, if the Buyer withdraws from the purchase contract, the gift contract shall become null and void and the Buyer shall be obliged to return the gift provided by the Seller along with the goods.
6 RIGHTS DUE TO DEFECTIVE PERFORMANCE, WARRANTY
6.1. The rights and obligations of the contracting parties due to defective performance, including a warranty provided by the Seller, are governed by generally applicable legislation.
6.2. The Seller is responsible to the Buyer for ensuring that goods are free of defects upon delivery. The Seller is especially responsible to the consumer Buyer that, at the time the consumer Buyer took delivery of the goods:
6.2. The Seller is responsible to the Buyer for ensuring that goods are free of defects upon delivery. The Seller is especially responsible to the consumer Buyer that, at the time the consumer Buyer took delivery of the goods:
6.2.1 the goods have the characteristics agreed to by the parties, and if no such agreement exists, that it has the characteristics described by the Seller or manufacturer or that the consumer Buyer expected given the nature of the goods and their advertising;
6.2.2 the goods are suited for the purpose specified by the Seller or for which goods of this type are usually used;
6.2.3 the quality or version of the goods correspond to the agreed sample or model, if quality or version were specified according to an agreed sample or model;
6.2.4 the goods are in the appropriate quantity, amount, or weight; and
6.2.5 the goods comply with legislative requirements.
6.2.2 the goods are suited for the purpose specified by the Seller or for which goods of this type are usually used;
6.2.3 the quality or version of the goods correspond to the agreed sample or model, if quality or version were specified according to an agreed sample or model;
6.2.4 the goods are in the appropriate quantity, amount, or weight; and
6.2.5 the goods comply with legislative requirements.
6.3. The provisions of Article 6.2 of the Terms and Conditions shall not apply to goods sold at a reduced price due to a defect, to wear and tear on goods resulting from normal use, in the case of used goods to defects corresponding to their degree of use or wear and tear that the goods had when received by the consumer Buyer, or if this follows from the nature of the goods.
6.4. If a defect occurs during the course of six months following delivery, it is assumed that the goods were already defective upon delivery.
6.5. The Buyer shall exercise rights due to defective performance at the Seller's establishment where acceptance of the complaint is possible with regard to the range of goods sold, or also at the Seller's registered office or place of business. The complaint is considered to have been made the moment when the Seller received the goods subject to the complaint from the consumer Buyer, who has duly provided information regarding the defects in the goods and how they would like the complaint to be handled.
6.6. If the Buyer exercises rights due to defective performance, the Seller shall confirm to the Buyer in written form of when the Buyer exercised the rights, as well as of the performance and duration of repairs.
6.7. Other rights and obligations of the parties related to the Seller's liability for defects to the consumer Buyer are governed by the Seller's Complaints Procedure, which is part of these Terms and Conditions.
6.4. If a defect occurs during the course of six months following delivery, it is assumed that the goods were already defective upon delivery.
6.5. The Buyer shall exercise rights due to defective performance at the Seller's establishment where acceptance of the complaint is possible with regard to the range of goods sold, or also at the Seller's registered office or place of business. The complaint is considered to have been made the moment when the Seller received the goods subject to the complaint from the consumer Buyer, who has duly provided information regarding the defects in the goods and how they would like the complaint to be handled.
6.6. If the Buyer exercises rights due to defective performance, the Seller shall confirm to the Buyer in written form of when the Buyer exercised the rights, as well as of the performance and duration of repairs.
6.7. Other rights and obligations of the parties related to the Seller's liability for defects to the consumer Buyer are governed by the Seller's Complaints Procedure, which is part of these Terms and Conditions.
7 SPECIAL PROVISIONS FOR NON-CONSUMER ENTITIES
7.1. If the Buyer is not a consumer, the provisions of Articles 5.1., 5.2., 5.7. and the provisions of Articles 6.2. to 6.7. of the Terms and Conditions shall not apply.
8 CONSUMER PROTECTION
8.1. If a consumer dispute arises between the Seller and the consumer Buyer due to a purchase contract or a services contract, the consumer Buyer may submit a proposal for an out-of-court settlement of this dispute to the specified entity for out-of-court dispute resolution, which is
The Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz
8.2. Consumer Buyers may also make use of the following on-line dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/.
8.3. The Seller provides out-of-court settlement of consumer Buyer complaints through the email address care@chronotechna.com. The Seller shall send information regarding the processing of the consumer Buyer's complaint to the consumer Buyer's email address.
8.4. The Seller is authorized to sell goods based on a trade licence. Inspections are performed by the relevant trades licensing office based on its scope of authority. The area of protection of personal data is monitored by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No 634/1992 on consumer protection, as amended, to a specified extent.
8.3. The Seller provides out-of-court settlement of consumer Buyer complaints through the email address care@chronotechna.com. The Seller shall send information regarding the processing of the consumer Buyer's complaint to the consumer Buyer's email address.
8.4. The Seller is authorized to sell goods based on a trade licence. Inspections are performed by the relevant trades licensing office based on its scope of authority. The area of protection of personal data is monitored by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, inter alia, compliance with Act No 634/1992 on consumer protection, as amended, to a specified extent.
9 DELIVERY
9.1. Delivery may take place to the Buyer at their email address or residential address or registered office specified in their user account or specified by the Buyer in their order.
10 FINAL PROVISIONS
10.1. The contracting parties have agreed that the Seller's liability to the Buyer for any damage, including all contractual fines and late payment interest, that may be incurred by the Buyer during the performance of the purchase contract due to one or more breaches of the Seller's contractual or statutory obligations must not exceed twenty-five percent (25 %) of the purchase price, excluding VAT. The limit on liability agreed in this paragraph shall not apply of the damage was caused to a (i) consumer Buyer or another weaker party, or (ii) intentionally or due to gross negligence.
10.2. By placing an order, the Buyer declares and undertakes that they are buying the goods for themselves and shall not re-sell the goods to third parties.
10.3. The contracting parties have agreed that the purchase contract concluded with the consumer Buyer is governed by the law of the Czech Republic, unless the consumer Buyer is deprived of its protection by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the consumer Buyer has their habitual residence. A purchase contract concluded with a business Buyer is always governed by the law of the Czech Republic.
10.4. The contracting parties have agreed that disputes arising from a purchase contract concluded with a business Buyer shall be addressed before general courts of the Czech Republic.
10.5. The Seller is not bound with respect to the Buyer by any codices of behaviour pursuant to § 1826(1)(e) of the Civil Code.
10.6. The contracting parties have agreed that the purchase contract concluded with the consumer Buyer is governed by the law of the Czech Republic, unless the consumer Buyer is deprived of its protection by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the consumer Buyer has their habitual residence.
10.7. The contracting parties hereby assume the risk of a change in circumstances pursuant to § 1765(2) of the Civil Code.
10.8. If any provision of the Terms and Conditions is null or void, or becomes null or void, this provision shall be replaced by a provision whose sense approximates this provision as closely as possible. The fact that a provision is null or void is without prejudice to the validity of the other provisions.
10.9. The Seller may amend these Terms and Conditions at any time on their website. New purchase contracts shall always be governed by the current version of the Terms and Conditions. The new version of the Terms and Conditions shall apply to existing contracts if both contracting parties agree to this in writing.
10.10. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and cannot be accessed by the Buyer.
10.11. Appendices to the Terms and Conditions include, inter alia, information about the right to withdraw from the contract and a specimen for for withdrawing from the purchase contract.
Chronotechna SE
Petra Guhl, board member
INFORMATION REGARDING THE RIGHT TO WITHDRAW FROM THE AGREEMENT AND A SPECIMEN FORM FOR WITHDRAWAL FROM THE AGREEMENT
The consumer has the right to withdraw from the contract without giving any reason within fourteen (14) days from the day following the day on which the consumer contract was concluded or on which the consumer or a third party (other than the carrier) designated by the consumer took over the last delivery of goods in the case of the delivery of several types of goods or the delivery of several parts, or on which the consumer or a third party (other than the carrier) designated by the consumer took over the first delivery of goods in the case of a regular repeated delivery of goods. In other cases, the consumer is obliged to state the reason for withdrawal from the contract.
For the purposes of exercising the right of withdrawal, the consumer must inform the Seller Chronotechna SE, Company ID: 08676399, Tax ID: CZ08676399, with its registered office at V jirchářích 146/5, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Prague Municipal Court, Section H, Insert 2294, tel.: +420 736 147 212, email: care@chronotechna.com, in the form of a unilateral legal action (for example, by letter sent via a postal service operator, fax, or email). The consumer may use the enclosed template for making a withdrawal, but it is not required.
To meet the deadline for withdrawal from this contract, it is sufficient to send the withdrawal prior to the relevant deadline.
If the consumer withdraws from the contract, the Seller shall return to the consumer without undue delay, no later than fourteen (14) days from the date on which the Seller receives the notice of withdrawal, all payments received from the consumer, including delivery costs (except for the additional costs incurred as a result of the delivery method chosen by the consumer other than the cheapest standard delivery method offered by the Seller).
The payment will not be returned by the Seller until the returned goods have been received or until the consumer has proven beyond a reasonable doubt that they have sent the goods back, whichever comes first.
The consumer is obliged to send back the goods without undue delay, no later than thirty (30) days from the date of withdrawal from this contract, or to hand them over to the address of the Seller Chronotechna SE, Company ID: 08676399, Tax ID: CZ08676399, with its registered office at V jirchářích 146/5, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Prague Municipal Court, Section H, Insert 2294, tel.: +420 736 147 212, email: care@chronotechna.com. The deadline is deemed to have been met if the consumer sends the goods back before the expiry of the time limit of thirty (30) days.
The consumer bears the direct costs of returning the goods.
The consumer is responsible for the diminished value of the goods as a result of handling the goods in a manner other than that necessary to understand the nature and characteristics of the goods, including their functionality.
10.2. By placing an order, the Buyer declares and undertakes that they are buying the goods for themselves and shall not re-sell the goods to third parties.
10.3. The contracting parties have agreed that the purchase contract concluded with the consumer Buyer is governed by the law of the Czech Republic, unless the consumer Buyer is deprived of its protection by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the consumer Buyer has their habitual residence. A purchase contract concluded with a business Buyer is always governed by the law of the Czech Republic.
10.4. The contracting parties have agreed that disputes arising from a purchase contract concluded with a business Buyer shall be addressed before general courts of the Czech Republic.
10.5. The Seller is not bound with respect to the Buyer by any codices of behaviour pursuant to § 1826(1)(e) of the Civil Code.
10.6. The contracting parties have agreed that the purchase contract concluded with the consumer Buyer is governed by the law of the Czech Republic, unless the consumer Buyer is deprived of its protection by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the consumer Buyer has their habitual residence.
10.7. The contracting parties hereby assume the risk of a change in circumstances pursuant to § 1765(2) of the Civil Code.
10.8. If any provision of the Terms and Conditions is null or void, or becomes null or void, this provision shall be replaced by a provision whose sense approximates this provision as closely as possible. The fact that a provision is null or void is without prejudice to the validity of the other provisions.
10.9. The Seller may amend these Terms and Conditions at any time on their website. New purchase contracts shall always be governed by the current version of the Terms and Conditions. The new version of the Terms and Conditions shall apply to existing contracts if both contracting parties agree to this in writing.
10.10. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and cannot be accessed by the Buyer.
10.11. Appendices to the Terms and Conditions include, inter alia, information about the right to withdraw from the contract and a specimen for for withdrawing from the purchase contract.
Chronotechna SE
Petra Guhl, board member
INFORMATION REGARDING THE RIGHT TO WITHDRAW FROM THE AGREEMENT AND A SPECIMEN FORM FOR WITHDRAWAL FROM THE AGREEMENT
The consumer has the right to withdraw from the contract without giving any reason within fourteen (14) days from the day following the day on which the consumer contract was concluded or on which the consumer or a third party (other than the carrier) designated by the consumer took over the last delivery of goods in the case of the delivery of several types of goods or the delivery of several parts, or on which the consumer or a third party (other than the carrier) designated by the consumer took over the first delivery of goods in the case of a regular repeated delivery of goods. In other cases, the consumer is obliged to state the reason for withdrawal from the contract.
For the purposes of exercising the right of withdrawal, the consumer must inform the Seller Chronotechna SE, Company ID: 08676399, Tax ID: CZ08676399, with its registered office at V jirchářích 146/5, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Prague Municipal Court, Section H, Insert 2294, tel.: +420 736 147 212, email: care@chronotechna.com, in the form of a unilateral legal action (for example, by letter sent via a postal service operator, fax, or email). The consumer may use the enclosed template for making a withdrawal, but it is not required.
To meet the deadline for withdrawal from this contract, it is sufficient to send the withdrawal prior to the relevant deadline.
If the consumer withdraws from the contract, the Seller shall return to the consumer without undue delay, no later than fourteen (14) days from the date on which the Seller receives the notice of withdrawal, all payments received from the consumer, including delivery costs (except for the additional costs incurred as a result of the delivery method chosen by the consumer other than the cheapest standard delivery method offered by the Seller).
The payment will not be returned by the Seller until the returned goods have been received or until the consumer has proven beyond a reasonable doubt that they have sent the goods back, whichever comes first.
The consumer is obliged to send back the goods without undue delay, no later than thirty (30) days from the date of withdrawal from this contract, or to hand them over to the address of the Seller Chronotechna SE, Company ID: 08676399, Tax ID: CZ08676399, with its registered office at V jirchářích 146/5, Nové Město, 110 00 Prague 1, registered in the Commercial Register maintained by the Prague Municipal Court, Section H, Insert 2294, tel.: +420 736 147 212, email: care@chronotechna.com. The deadline is deemed to have been met if the consumer sends the goods back before the expiry of the time limit of thirty (30) days.
The consumer bears the direct costs of returning the goods.
The consumer is responsible for the diminished value of the goods as a result of handling the goods in a manner other than that necessary to understand the nature and characteristics of the goods, including their functionality.
FORM FOR WITHDRAWAL FROM THE CONTRACT
(the consumer fills in this form and sends it back only if he wants to withdraw from the contract)
NOTICE OF WITHDRAWAL FROM THE CONTRACT
Addressee:
Chronotechna SE
Address: Senovážné náměstí 869/28, 110 00 Prague 1
Phone: +420 736 147 212
Email: care@chronotechna.com
I we/hereby declare (*) that I an/we are withdrawing (*) from the contract for the purchase of these goods (**) without providing a reason (*)/ for the following reason: (**):
Date goods ordered (**)/date goods received (**):
Name and surname of the consumer(s):
Address of the consumer(s):
Date:
Signature:
(*) Cross out inapplicable.
(**) Fill in.
Chronotechna SE
Address: Senovážné náměstí 869/28, 110 00 Prague 1
Phone: +420 736 147 212
Email: care@chronotechna.com
I we/hereby declare (*) that I an/we are withdrawing (*) from the contract for the purchase of these goods (**) without providing a reason (*)/ for the following reason: (**):
Date goods ordered (**)/date goods received (**):
Name and surname of the consumer(s):
Address of the consumer(s):
Date:
Signature:
(*) Cross out inapplicable.
(**) Fill in.
COMPLAINTS PROCEDURE
for purchase contracts concluded through the http://www.chronotechna.com e-shop(in this Complaints Procedure, hereinafter the "e-shop")
1 INITIAL PROVISIONS
1.1. The rights of the Buyer due to defective performance must always be exercised (exercising rights due to defective performance hereinafter as the "complaint") in accordance with this Complaint Procedure.
1.2. In the case of purchase contracts concluded via the e-shop, the Complaints Procedure is part of the Seller's Terms and Conditions sent to the Buyer via email after the conclusion of the purchase contract.
1.3. Matters not governed by this Complaints Procedure are governed by the Seller's Terms and Conditions and the legal code of the Czech Republic, unless the consumer Buyer is deprived by this Complaints Procedure of by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the Buyer has their habitual residence.
1.2. In the case of purchase contracts concluded via the e-shop, the Complaints Procedure is part of the Seller's Terms and Conditions sent to the Buyer via email after the conclusion of the purchase contract.
1.3. Matters not governed by this Complaints Procedure are governed by the Seller's Terms and Conditions and the legal code of the Czech Republic, unless the consumer Buyer is deprived by this Complaints Procedure of by provisions from which it is not possible to deviate contractually and that would otherwise apply in the absence of choice of law, within the legal order of the EU Member State in which the Buyer has their habitual residence.
2 EXCLUSIONS FROM SELLER 'S LIABILITY FOR DEFECTIVE PERFORMANCE
2.1. The Seller is not liable for defects in the following cases:
2.1.1 items sold for a reduced price due to a defect for which the price was reduced;
2.1.2 wear and tear due to normal use;
2.1.3 in the case of a used item, to a defect corresponding to the degree of use or wear and tear the item had at the time of delivery to the Buyer;
2.1.4 defects in an item inherent to its nature (an item that is consumable or subject to quick spoilage);
2.1.5 if the Buyer knew the item was defective prior to taking delivery, or if the Buyer caused the defect, for example through improper use, storage, or maintenance, due to interference or physical damage by the Buyer;
2.1.6 if the defect was caused by external events beyond the Seller's control.
2.1.2 wear and tear due to normal use;
2.1.3 in the case of a used item, to a defect corresponding to the degree of use or wear and tear the item had at the time of delivery to the Buyer;
2.1.4 defects in an item inherent to its nature (an item that is consumable or subject to quick spoilage);
2.1.5 if the Buyer knew the item was defective prior to taking delivery, or if the Buyer caused the defect, for example through improper use, storage, or maintenance, due to interference or physical damage by the Buyer;
2.1.6 if the defect was caused by external events beyond the Seller's control.
3 LODGING A COMPLAINT
3.1. The Buyer has the right to lodge a complaint with the Seller in person or through the carrier, in any of its premises, in which the acceptance of the complaint is possible with regard to the assortment of the sold goods, or also in its registered office or place of business. The Seller shall ensure the presence of an employee authorized to receive complaints for the entire duration of their operating hours.
By sending the goods to the address provided by the Seller for handling complaints, the Buyer will expedite the processing of the complaint. The Seller's address for handling complaints is V jirchářích 146/5, Nové Město, 110 00 Prague 1.
3.2. A complaint involving the repair of an item can also be lodged with a person designated for repair in a confirmation issued by the Seller to the Buyer, on the receipt or warranty certificate, if the designated person is closer to the Buyer in the Seller's location or the Buyer's location.
3.3. The Buyer must prove that they have the right to lodge a complaint, in particular to prove proof of the date of purchase, either by submitting a sales receipt, confirmation of the Seller's obligations due to defective performance, a warranty certificate, or in another credible manner. The Buyer is not entitled to lodge a complaint for a defect that was the subject of a prior complaint if a commensurate discount was provided on the purchase price.
3.4. If exercising rights due to defects should cause significant difficulties to the consumer, in particular because the item cannot be transported to the place where the complaint is to be lodged in standard fashion or it is an item that is installed or part of real estate, the Seller will assess the defect in agreement with the Buyer either on location or in another manner. In this case, the Buyer must provide the Seller the necessary cooperation.
By sending the goods to the address provided by the Seller for handling complaints, the Buyer will expedite the processing of the complaint. The Seller's address for handling complaints is V jirchářích 146/5, Nové Město, 110 00 Prague 1.
3.2. A complaint involving the repair of an item can also be lodged with a person designated for repair in a confirmation issued by the Seller to the Buyer, on the receipt or warranty certificate, if the designated person is closer to the Buyer in the Seller's location or the Buyer's location.
3.3. The Buyer must prove that they have the right to lodge a complaint, in particular to prove proof of the date of purchase, either by submitting a sales receipt, confirmation of the Seller's obligations due to defective performance, a warranty certificate, or in another credible manner. The Buyer is not entitled to lodge a complaint for a defect that was the subject of a prior complaint if a commensurate discount was provided on the purchase price.
3.4. If exercising rights due to defects should cause significant difficulties to the consumer, in particular because the item cannot be transported to the place where the complaint is to be lodged in standard fashion or it is an item that is installed or part of real estate, the Seller will assess the defect in agreement with the Buyer either on location or in another manner. In this case, the Buyer must provide the Seller the necessary cooperation.
4 DEADLINE FOR EXERCISING RIGHTS DUE TO DEFECTIVE PERFORMANCE
4.1. The Buyer is entitled to exercise rights due to a defect that occurs in consumer goods within twenty-four (24) months of delivery. For used goods, the time period for exercising rights due to defective performance is reduced to twelve (12) months
4.2. Once this deadline has passed, rights due to a defect cannot be exercised with the Seller, unless the contracting parties agree otherwise or if the Seller or manufacturer provides a special quality guarantee beyond the scope of their statutory obligations.
4.3. The Buyer shall exercise their rights due to defective performance without undue delay after finding out that the goods are defective. The Seller is not responsible for increased extent of damage if the Buyer uses the goods despite knowing about the defect. If the Buyer exercises rights due to a defect legitimately, the time period for exercising rights due to defective performance does not count down while the goods are being repaired and the Buyer cannot use them.
4.4. The Buyer acknowledges that if the goods are exchanged as part of the complaint settlement process, a new time period for exercising rights due to defective performance shall not start counting down.
4.5. The deadline for exercising rights due to defects cannot be considered stipulation of the useful life of the goods, which differs depending on the properties of the product, its maintenance, and the correctness and intensity of use, or an agreement between the Buyer and the Seller.
4.2. Once this deadline has passed, rights due to a defect cannot be exercised with the Seller, unless the contracting parties agree otherwise or if the Seller or manufacturer provides a special quality guarantee beyond the scope of their statutory obligations.
4.3. The Buyer shall exercise their rights due to defective performance without undue delay after finding out that the goods are defective. The Seller is not responsible for increased extent of damage if the Buyer uses the goods despite knowing about the defect. If the Buyer exercises rights due to a defect legitimately, the time period for exercising rights due to defective performance does not count down while the goods are being repaired and the Buyer cannot use them.
4.4. The Buyer acknowledges that if the goods are exchanged as part of the complaint settlement process, a new time period for exercising rights due to defective performance shall not start counting down.
4.5. The deadline for exercising rights due to defects cannot be considered stipulation of the useful life of the goods, which differs depending on the properties of the product, its maintenance, and the correctness and intensity of use, or an agreement between the Buyer and the Seller.
5 COMPLAINT SETTLEMENT
5.1. The Seller must make a decision regarding the complaint immediately and in more complicated cases in three (3) days. This period does not include the time needed for an expert assessment of the defect.
5.2. The Seller is obliged to issue a written confirmation to the Buyer stating the date and place of the complaint, the nature of the defect, how the Buyer wants the complaint settled, and how the Buyer will be informed of its settlement. An email message sent by the Seller to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date shall also be deemed to be confirmation pursuant to the previous sentence.
5.3. The complaint, including elimination of the defect, must be settled without undue delay, no later than thirty (30) days from the date the complaint is lodged, unless the Seller and the Buyer agree on a longer period. Failure to do so shall be considered a material breach of contract.
5.4. The Seller is obliged to confirm to the Buyer, in writing, when and how the complaint will be settled, including confirmation of repair and its duration, or the grounds for rejecting the complaint. An email message sent by the Seller to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date shall also be deemed to be confirmation pursuant to the previous sentence.
5.5. The Buyer is not entitled to change the complaint settlement method, once chosen, without the consent of the Seller, unless the complaint settlement method cannot be implemented at all or in a timely manner.
5.6. The Buyer must pick up the goods subject to the complaint within thirty (30) days after the complaint settlement deadline; after this date the Seller is entitled to charge reasonable storage costs or to sell the goods to the Buyer's credit. The Seller must alert the Buyer of these steps in advance and provide the Buyer with a reasonable additional amount of time to pick up the goods.
5.2. The Seller is obliged to issue a written confirmation to the Buyer stating the date and place of the complaint, the nature of the defect, how the Buyer wants the complaint settled, and how the Buyer will be informed of its settlement. An email message sent by the Seller to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date shall also be deemed to be confirmation pursuant to the previous sentence.
5.3. The complaint, including elimination of the defect, must be settled without undue delay, no later than thirty (30) days from the date the complaint is lodged, unless the Seller and the Buyer agree on a longer period. Failure to do so shall be considered a material breach of contract.
5.4. The Seller is obliged to confirm to the Buyer, in writing, when and how the complaint will be settled, including confirmation of repair and its duration, or the grounds for rejecting the complaint. An email message sent by the Seller to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date shall also be deemed to be confirmation pursuant to the previous sentence.
5.5. The Buyer is not entitled to change the complaint settlement method, once chosen, without the consent of the Seller, unless the complaint settlement method cannot be implemented at all or in a timely manner.
5.6. The Buyer must pick up the goods subject to the complaint within thirty (30) days after the complaint settlement deadline; after this date the Seller is entitled to charge reasonable storage costs or to sell the goods to the Buyer's credit. The Seller must alert the Buyer of these steps in advance and provide the Buyer with a reasonable additional amount of time to pick up the goods.
6 QUALITY UPON HANDOVER AND RIGHTS DUE TO DEFECTIVE PERFORMANCE
6.1. The Seller declares that he is handing the goods over to the Buyer in accordance with the provisions of § 2161 of the Civil Code , i.e.:
6.1.1 the goods have the characteristics agreed upon by the Buyer and Seller, and in the absence of such agreement, characteristics described by the Seller or manufacturer or expected by the Buyer given the nature of the goods and based on their advertising;
6.1.2 the goods are suited for the purpose specified by the Seller or for which items of this type are usually used;
6.1.3 the goods are in the appropriate quantity, amount, or weight; and
6.1.4 the goods comply with legislative requirements.
6.1.3 the goods are in the appropriate quantity, amount, or weight; and
6.1.4 the goods comply with legislative requirements.
6.2. If the goods do not meet the above requirements when received by the Buyer, the Buyer has the right to delivery of new goods free of defects, if this is not unreasonable given the nature of the item. If the defect affects only part of the item, the Buyer may merely request the replacement of the part; if this is impossible, he may withdraw from the contract. However, if this is inappropriate given the nature of the defect, especially if the defect can be eliminated without undue delay, the Buyer has the right to have the defect eliminated free of charge.
6.3. The Buyer has the right to the delivery of a new item or a replacement part even if the defect can be eliminated, if the item cannot be used due to the recurrence of the defect after repair or due to multiple defects. In this case the Buyer also has the right to withdraw from the contract.
6.4. If the Buyer does not withdraw from the contract or if he does not exercise the right to the delivery of new goods free of defects, the replacement of a part or to repair, he may request a reasonable discount on the purchase price. The Buyer also has the right to a reasonable discount if the Seller cannot deliver a new item without defects, replace a part, or repair the item. This also applies if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause considerable difficulties or inconvenience to the consumer.
6.5. If a defect occurs during the course of six months following delivery, it is assumed that the goods were already defective upon delivery.
6.3. The Buyer has the right to the delivery of a new item or a replacement part even if the defect can be eliminated, if the item cannot be used due to the recurrence of the defect after repair or due to multiple defects. In this case the Buyer also has the right to withdraw from the contract.
6.4. If the Buyer does not withdraw from the contract or if he does not exercise the right to the delivery of new goods free of defects, the replacement of a part or to repair, he may request a reasonable discount on the purchase price. The Buyer also has the right to a reasonable discount if the Seller cannot deliver a new item without defects, replace a part, or repair the item. This also applies if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause considerable difficulties or inconvenience to the consumer.
6.5. If a defect occurs during the course of six months following delivery, it is assumed that the goods were already defective upon delivery.
7 COSTS OF THE COMPLAINT
7.1. If the complaint is recognized as justified, the Buyer has the right to reimbursement of efficiently incurred costs associated with exercising his rights.
8 CONTRACTUAL QUALITY GUARANTEE
8.1. If the Seller has provided a quality guarantee beyond the scope of his statutory obligations, its application is governed by his Complaints Procedure, especially if the confirmation regarding the Seller's obligations due to defective performance (warranty certificate) or contract do not specify otherwise.
9 THE SELLER'S LIABILITY FOR A DEFECT THAT IS A MATERIAL AND NON-MATERIAL BREACH OF CONTRACT
9.1. The Seller's liability for defects that are a material or non-material breach of contract shall apply to defects in goods for which responsibility for quality does not apply upon handover pursuant to Article 5 of this Complaints Procedure, i.e. only in the case of a contractual quality guarantee. A defect is considered a material breach of contract in the event that the Buyer would not conclude the contract if he would have anticipated the defect when concluding the contract; other defects do not constitute a material breach of contract.
9.2. If the defect is a material breach of contract, the Buyer has the right to a new item, repair, a reasonable discount, or to withdraw from the contract.
9.3. If the defect is an non-material breach of contract, the Buyer has the right to elimination of the defect or a reasonable discount.
9.4. Regardless of the legitimacy of the quality guarantee claim, the Buyer is never entitled to reimbursement of costs efficiently incurred in exercising his right.
9.2. If the defect is a material breach of contract, the Buyer has the right to a new item, repair, a reasonable discount, or to withdraw from the contract.
9.3. If the defect is an non-material breach of contract, the Buyer has the right to elimination of the defect or a reasonable discount.
9.4. Regardless of the legitimacy of the quality guarantee claim, the Buyer is never entitled to reimbursement of costs efficiently incurred in exercising his right.
10 OUT-OF-COURT SETTLEMENT OF DISPUTES
10.1. In the event that a consumer dispute arises between the Seller and the Buyer from a purchase contract or from a contract for the provision of services that cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such a dispute to the designated entity for out-of-court settlement of consumer disputes, which is
The Czech Trade Inspection Authority
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.czadr@coi.cz
Web: adr.coi.cz
Central Inspectorate - ADR Department
Štěpánská 15
120 00 Prague 2
Email: adr@coi.czadr@coi.cz
Web: adr.coi.cz
10.2. Buyers who have concluded a purchase contract using internet communication or via an e-shop may also make use of the following on-line dispute resolution platform set up by the European Commission: http://ec.europa.eu/consumers/odr/.
10.3. The Seller provides out-of-court settlement of complaints through the email address care@chronotechna.com.The Seller to will send information on settlement of the complaint to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date.
Chronotechna SE
Petra Guhl, board member
10.3. The Seller provides out-of-court settlement of complaints through the email address care@chronotechna.com.The Seller to will send information on settlement of the complaint to the Buyer's email address specified in the Buyer's user account in the e-shop or to the email address specified by the Buyer at a later date.
Chronotechna SE
Petra Guhl, board member