General terms and conditions (“GTC“) of the Seller WANET s.r.o.
These GTC regulate the conditions of separate purchase contracts where the Seller is the company WANET s.r.o., ID No: 25363808, Tax ID No: CZ25363808, with registered address: Šafaříkova 1295, 757 01 Valašské Meziříčí, company registered in the Commercial Register kept by Municipal Court in Prague in section C, inset 212281 ("Seller") selling goods or services, and also the rights and obligations of the relevant Buyers ("Buyer").
I. The scope
1.1. These GTC are valid for deliveries of goods or services by the Seller to the relevant Buyers, that is:
- Commercial entities and other business partners who are not consumers as defined in § 419 legal code no. 89/2012, civil code, as amended (“CC“) ("entrepreneur"),
- Consumers as defined in § 419 CC ("consumer").
1.2. These GTC are always used as amended and in force at the point of conclusion of the relevant purchase contract for entire scope of rights and obligations resulting from the Purchase contract concluded by the Seller and relevant Buyer. In case of inconsistencies between these GTC and other contract documents, the following order shall be used:
b) These GTC;
c) Relevant legal norms (except for imperative rules).
II. Subject of the contract
2.1. The Seller’s obligation resulting from the conclusion of the Purchase contract is to deliver goods as per current offer and to enable the Buyer to obtain ownership right to these goods and all of that in keeping with the terms resulting from the concluded Purchase contract and these GTC. The Buyer’s obligation resulting from concluding the Purchase contract is to accept these goods and to pay the Seller the purchase price.
2.2. Every Purchase contract is governed by the legal code of the Czech Republic namely the CC as amended at the point of conclusion of the relevant purchase contract unless a relevant purchase contract explicitly states otherwise.
III. Conclusion of the contract
3.1. The Purchase contract will be concluded in a manner as stated bellow in the Seller’s online shop on his internet website www.warioweather.com by:
- the choice of specification and placement of the particular product into the basket,
- logging in or the input of the Buyer’s delivery and payment identification data,
- the verification of input data and
- confirmation of the order by clicking the confirmation button.
3.2. The order (draft of Purchase contract) carried out by the Buyer via above mentioned steps at the Seller’s online shop is binding for the Buyer at the time of its confirmation.
3.3. The order will be accepted by the Seller in an email message delivered to the Buyer to his email address which he stated in his order (“Electronic acceptance of the order”) while the Purchase contract is concluded at the time of sending the electronic acceptance of the order or at the time of delivery of the goods to the Buyer. These GTC, Purchase contract and pro forma invoice will be attached to the Electronic acceptance of the order.
3.4. The Seller is entitled to reject any order without giving a reason.
3.5. The Seller will deliver to the Buyer a final invoice together with the goods, while the Consumer will be given one copy of the Purchase contract together with the goods. The Entrepreneur will be sent the Purchase contract electronically only in the form of a pdf document as a part of the Electronic acceptance of the order.
3.6. These GTC in their entire wording are placed on the Seller’s web site www.warioweather.com. In a binding confirmation of the order in the Seller’s on-line order system, the Buyer declares that he has thoroughly read and understood these GTC and that he was given full details in a sufficient way stated in § 1811 clause 2 of the CC and § 1820 clause 1 of the CC.
IV. Delivery of goods
4.1. Delivery of the goods or services by the Seller takes place at the time of their acceptance by the Buyer whether in a way of a personal purchase directly from the Seller or from the relevant forwarder or alt. when the ordered service is performed. Responsibility for damage to the goods passes over to the Buyer at the time of acceptance of the goods.
4.2. The Buyer is obliged to check the state of the shipment either with the forwarder immediately after the delivery or when collecting the goods personally then with the Seller. By state of the shipment is understood no. of parcels, intactness of the tape, and any possible damage of the box according to delivery note or other relevant document which is signed by the Buyer at the point of accepting the goods from the forwarder or in the case of personal collection according to the Purchase contract. The Buyer has the right to refuse accepting the shipment if it does not comply with the Purchase contract stating that the shipment is for example incomplete or damaged. If the Buyer accepts such a damaged shipment from the forwarder or the Seller, it is important to describe the damage in the handover document of the forwarder or the Seller or to fill in a written complaint with the Seller.
V. Purchase price
5.1. Prices for the goods or services stated for particular product in the Seller’s on-line shop are contract prices which include all taxes and legally prescribed duties but not the shipment fee. The shipment fee will be added to the price of the goods.
5.2. A total recapitulation of the purchase price, VAT, shipment fee and other possible charges is stated in the relevant order, pro forma invoice and the final invoice.
5.3. The Seller retains the right to decide whether he will provide a discount on certain goods. In case of such a special offer, the conditions are always restricted to the given type of goods on sale for certain period of time and in certain amount. After the special offer finishes or after the set amount of products have been sold, the Buyer no longer has the right to conclude a Purchase contract with the special offer prices.
VI. Payment conditions
6.1. Payment of the purchase price is made on the basis of an advance invoice, or through a payment gateway system, or by payment of the invoice after delivery of the goods, or in cash upon personal receipt of the goods. The Buyer shall make the choice of the options listed herein, and payment by invoice is limited to registered buyers who have been given this option by the Seller.
A) Advanced payment
The Buyer shall pay the full purchase price in advance, prior to shipment of the goods, based on the advance invoice received as part of the electronic acceptance of the order.
In the event that the advance invoice is not paid within 7 days of the date of sending the electronic acceptance of the order, the concluded Purchase Contract shall be terminated without further delay and neither the Seller nor the Buyer shall have any claims in connection therewith.
The final invoice will be issued and delivered to the Buyer together with the goods.
B) Payment by payment gateway
The Buyer shall select the payment gateway payment method by selecting the appropriate button during the order process.
C) Payment upon delivery of the goods
In the case of registered Buyers who have been enabled to pay upon delivery of the goods, the relevant invoice will be sent together with the goods. The invoice must contain all the elements of a tax document, otherwise the Buyer is entitled to return it to the Seller within 15 days of receipt of the goods. The invoice is due 14 days from the date of receipt together with the goods. There is no legal right to include a specific registered Buyer among the Buyers who will be allowed to pay upon delivery of the goods.
D) Payment in cash
The Buyer selects the method of payment in cash by selecting the appropriate button during the order placement process.
VII. Order cancellation
7.1. The Buyer is entitled to cancel his order via a recommended letter or email delivered to the Seller until the Purchase contract is concluded according to these GTC.
VIII. Withdrawal from a concluded Purchase contract
8.1. The consumer has the right to withdraw from the concluded Purchase contract without stating a reason 14 days from the time:
- when the Buyer or a third person stated by the Buyer (other than the forwarder) accepts the goods,
- when the Buyer or a third person stated by the Buyer (other than the forwarder) accepts the last delivery of the goods (i.e. if a contract whose subject are more types of goods or delivery of more parts was concluded).
The Seller has the right to withdraw from the concluded Purchase contract without stating a reason except for cases stated hereafter in these GTC and cases stated in relevant legal regulations.
8.2. For the purpose of withdrawal from the contract, the withdrawing party has to inform the other party about using the right to withdraw using the contact data stated on the internet website www.warioweather.com.
Withdrawal can be performed in writing by sending a notification to an address:
757 01 Valašské Meziříčí
8.3. The Buyer cannot withdraw from a Purchase contract if the subject of the contract is delivery of products which were altered to the Buyer’s specifications or for his person.
8.4. In case of valid withdrawal from a Purchase contract, both parties are obliged to return mutually provided fulfilment. The Seller as a result of this is obligated to latest 14 days from the date he received the returned goods or from the date it was proven to him that the Buyer shipped the goods back, return to the Buyer all carried out payments from the Buyer which the Seller received up to that day including the costs for delivering the goods.
8.5. If the Buyer withdraws from the contract, he is obliged to without any undue delay ship the goods back to the Seller at his own expense, latest 14 days from the date of withdrawal while this time limit is kept if the Buyer gives the goods back to the forwarder. The Buyer can also in the same time limit return the goods personally to the address: WANET s.r.o., Šafaříkova 1295, 757 01 Valašské Meziříčí. The returned goods must be complete, with complete documentation, not damaged, clean and if possible in an original packaging and in the state and of a value in which they were accepted by the Buyer. Before the returning goods can be given to the forwarder, they must be properly wrapped in order to prevent any possible damage during the transportation and at the same time a suitable form of transportation must be chosen. The Buyer is responsible for decrease in the goods value if they were handled in a different way to what would be considered customary for this kind of goods in relation to their nature including decrease in value due to insufficient packaging of the returned goods or a choice of unsuitable form of transportation.
8.6. To return the payments, the Seller is going to use the same way in which the purchase price was paid unless the Seller agrees with the Buyer on a bank transfer to a bank account stated by the Buyer in his withdrawal from the Purchase contract or on sending the money using services provided by Czech Post to a Buyer’s address stated in the order.
The Buyer is responsible for all direct costs connected to returning the goods and does not have right for any compensation of these costs.
IX. Responsibility for the defects of the goods
9.1. The Seller is accountable for the goods being without defects at the time of acceptance by the Buyer. Namely the Seller is accountable that the goods at the time of acceptance by the Buyer:
- have such characteristics which the Seller or the producer have described or which the Buyer expected in regard to the nature of the goods and based on the Seller’s advertising,
- are suitable for the use described by the Seller or for which such goods are commonly used,
- are delivered in relevant amount, size and weight,
- comply with legal regulations.
9.2. The Buyer has the right to claim defects which appear on goods which are consumer goods in time up to 24 months after the acceptance. If the defects appear 6 months after the goods were accepted, the goods are to be understood as defected already at the time of acceptance. On the Buyer’s demand, the Seller is going to confirm in writing to what extend and for what time period is the Seller responsible for possible guarantee fulfilment.
9.3. If the goods do not have the characteristics stated in the previous paragraphs of these GTC, the Buyer can request to be sent new goods without defects if it is adequate considering the nature of the defect. If the defect is only on a part of the product, the Buyer can request to have changed only that part. If it is not possible, the Buyer can withdraw from the contract. If it is not adequate considering the nature of the defect, namely if the defect can be removed without any undue delay, the Buyer has right for the defect to be removed free of charge.
The Buyer has a right to have new goods delivered or for part of the product to be changed even if the defect can be removed if the Buyer cannot use the goods properly for repeated occurrence of the defect after it is repaired or for higher number of defects. In such a case, the Buyer has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or does not use his right to have delivered new goods without the defects, to have part of the products exchanged or to have the goods repaired, the Buyer can ask for an adequate discount. The Buyer has right to get an adequate discount if the Seller cannot deliver new goods without defects, exchange its part or repair it and in the cases when the Seller does not rectify the situation in an adequate time or if the rectification would cause considerable problems to the Buyer.
9.4. The provisions of a law and these GTC concerning the responsibility of the Seller for the defects of the goods will not be used:
- if the goods were sold for a lower price due to this particular defect,
- in case of consumer goods if the defects were caused by their customary use,
- in case of used goods if the defect the goods had at the time the Buyer accepted it corresponds to the extend it was used or worn, or
- if it is in consideration with the nature of the goods.
9.5. The Buyer does not have right for compensation of the defected goods if the Buyer knew about the defect before accepting the goods or if the Buyer caused the defect himself.
9.6. If the buyer uses his right for compensation of the defected goods, the Seller will confirm in writing when the right was used, the repair carried out and how long it is going to take.
9.7. After any claim or repair, the Seller shall send the goods to the Buyer to the address specified in the order or in the accompanying letter, but no more than to the address in the country from which the order was placed.
X. Quality guarantee
10.1. The Seller provides the consumer with two year guarantee in accordance with the provision § 2113 and later the collection of laws no. 89/2012, the civil code as amended. If there is stated time for using the goods either on the sold goods themselves or their packaging, instructions for the goods or in advertising in accordance with other legal regulations, it is specific information about quality guarantee and in such cases the Buyer will be provided with a quality guarantee in accordance with the information that sets longer guarantee period.
XI. Financial harm compensation
11.1. The Seller and the Buyer agreed that if they breach their contract or legal duties they both are responsible for any financial harm that entails from these cases according to the collection of laws no. 89/2012, the civil code in its amendments (provisions § 2894 and the following).
11.2. The Seller explicitly states that when concluding the Purchase contract with the Buyer he does not foresee any financial harm that could entail from breach of this contract or legal duties that would exceed the purchase price of the given goods. If the financial harm could be higher, the Buyer is obliged to notify the Seller about this in his order.
11.3. In case of the loss of data, the Seller is responsible for any financial damage only if the Buyer can prove that he saved the data regularly at least once a day.
XII. Personal data protection
12.1. The Buyer is aware and agrees that all his contact data including address are saved in the Seller’s database for fast and error-free processing. The processing of provided data is carried out in accordance to relevant legal regulations about personal data protection. By concluding the Purchase contract, the Buyer grants his consent to the Seller to use all provided data by the Buyer for the Seller’s marketing namely to offer the Seller’s products and services, sending information about the Seller’s activities electronically (by email) in accordance with the law code no. 480/2004, for the time until such consent is withdrawn. The Buyer has the right to withdraw his consent with the use of his contact data by the Seller according to these GTC in written notification sent to the Seller’s registered address by a recommended letter or email stated in contacts on the Seller’s internet website www.warioweather.com.
XIII. Governing law
13.1. The purchase contract governs all relationships between the Seller and the Buyer by the legal code of the Czech Republic, namely by the clauses in the legal code no. 89/2012, the civil code as amended.
XIV. Final provisions
14.1. The concluded Purchase contract is stored by the Seller for 2 years from the date it was concluded on while its copy is not provided.
14.2. The Purchase contract can be concluded in the Czech language.
14.3. The Seller carries out repurchase of electrical appliances of the Buyer’s in accordance with relevant legal regulations.
14.4. If any provision of these GTC or the Purchase contract is or becomes invalid or unenforceable, this shall not have any effect on validity and enforcement of their other provisions if such provision can be detached from these GTC or the Purchase contract as a whole. Both contract parties will endeavour to replace such provision by a new one which would be in its content and effect most similar to the invalid or unenforceable provision within 30 days from the day when this particular provision of these GTC or the Purchase contract became invalid, contradictory or unenforceable or when one of the contract parties discovered it and informed the other party depending on what was earlier.
14.5. The Seller has the right to change these GTC unilaterally any time and the change is valid from the day it was announced unless it was stipulated otherwise.
14.6. These GTC including all their components are valid and effective from 19. 6. 2017 and overrule previous wording of the GTC including their components and they are available at the Seller’s registered address and premises or electronically at www.warioweather.com.
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