General terms and conditions

The conditions define and clarify the rights and obligations of the seller, Jiří Anděl who sells through online shop www.nerezvyrobky.cz and the buyer (customer, consumer).
All contractual relations are concluded in accordance with the laws in the Czech Republic. If for consumer, all relations not regulated by terms and conditions, are governed by the Civil Code (no. 89/2012 Sb.) and  by the Consumer Protection Act (no. 634/1992 Sb .) .

Definition of terms

The seller is Jiří Anděl, based on Palackého 578, 675 31 Jemnice, ID 02600668. Jiří Anděl is a person, who acts within his commercial or other business activities at the conclusion and performance of the contract. He is a businessman, who directly or through other business supplies the buyer with products or services.
The customer of our eshop www.nerezvyrobky.cz is the buyer . Due to the current legislation distinguishes buyer who is a consumer and buyer who is not a consumer.
The consumer buyer or just the consumer is any person, who outside their business or outside their independent profession, enters into a contract with the businessman or deals with him in any other way.

The buyer, who is not a consumer, is a businessman. Businessman is also considered each person who enters into a contract in relation to their own business, manufacturing or similar activities. Also within thein own independent profession, or a person who acts on behalf of a businessman.

The Purchase Contract

If the buyer is a consumer, the proposal to conclude a purchase contract ( offer ) is the location of offered goods on the website by supplier of the supplier, the purchase contract is created by sending an order by buyer – consumer and by acceptance of the order by the supplier. It is always immediately confirmed to the buyer by informative  e-mail to the specified e-mail address. This confirmation does not have any effect on contract formativ. The resulted contract (including the agreed price) can be changed or canceled only by agreement of both parties or based on legal grounds.
Before sending the order to the seller, the buyer can check and modify data which he puts in the order.  The order is send to the seller by the buyer clicking on the button " Send order".
If the buyer is not a consumer, the proposal to conclude a purchase contract is the order of goods sent by the buyer and the actual purchase contract is concluded at the moment of delivery of obligatory agreement by the seller to the buyer with his proposal.
By conclusion of the sales contract the buyer confirms that he is familiar with these terms and conditions, including the return policy, and agrees with it. These terms and conditions also regulations are placed on the website and the buyer is advised to familiarize himself with them.
The deadline for settlement of claims is suspended in case that the seller has not received all the documents required for settlement of the claim (part of goods ,other documents, etc.). The seller is obliged to request additional documentation needed from the buyer in the shortest possible time. The deadline is suspended from that date until delivery of the required documents by the buyer.

The seller has the right to cancel the order or part of the order prior to the conclusion of the purchase contract, after the agreement with the buyer, in the following cases: the goods are no longer produced or delivered or the price from the supplier has significantly changed. In the case that the buyer has already paid for the order, this amount will be credited back to his account or address and the conclusion of the Purchase Agreement does not occur.

The rights of defective performance

The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation ( including the provisions of § 1914-1925 , § 2099-2117 and 2161-2174 § Act no. 89/2012 Sb., of The Civil Code).
The seller is responsible to the consumer that all the goods sent are without any defects. In particular, the seller is liable to the consumer at the time of the delivery, that  
• the delivered product has properties that the parties negotiated, and if there is the absence of agreement, such properties that the seller or manufacturer described or which the buyer expected by the nature of the goods
• the product fit the purpose for which the seller lists its use or to which this kind of product is usually used
• the product corresponds to the quality of the agreed template
It the product does not have the above features, the consumer may require the supply of new product without defects, if it is reasonable due to the nature of the defect. But if the defect relates to only part of the product, the consumer may only require the replacement of the parts and  if this is not possible, may withdraw from the contract. If, however, due to the disproportionate nature of the defect, especially if you can remove the defect without any undue delay, the consumer is entitled to a free remedy. The consumer has the right of delivery of new products, or exchange of components, even if the defect is removable, if it can not be used properly or after use the defects repeatedly occur. In this case, the consumer has the right to cancel the contract.
If the consumer does not withdraw from the contract or where the law does not apply to the supply of new products without defects, the replacement of its parts or repair of the product, he may request a reasonable discount. The consumer has the right to an adequate discount even if the seller can not deliver his new product without defects, replace the components or repair it, and if the seller does not take corrective action within a reasonable time.

The right from defective performance does not belong to the buyer if the buyer knew that the thing has a defect at the of delivery, or if the buyer has caused the defect himself.
Other rights and obligations of the parties related to the liability of the seller for defects can modify the Complaint Procedure seller.

The consumer's right to cancel the contract

If the purchase contract concluded by means of distance communication (the Internet), the consumer in accordance with paragraph § 1829 . 1 of the Civil Code, the right without giving any reason to withdraw from the contract within 14 days of receipt of goods ( if the contract of sale includes several types of products, this period runs from the date of receipt of the last deliveries of products). Withdrawal from the contract must be sent to the seller within the period specified in the preceding sentence.
In the case that the consumer wants pursuant the previous paragraph to withdraw from the contract within 14 days, he must contact the seller preferably in writing. He should ideally state the order number, purchase date and account number for refund. The money can also be returned by cash in the company's address .
Withdrawal from the contract can be sent by the consumer to the seller´s  address or the seller's e-mail address prodej@nerezvyrobky.cz.

If the purchaser withdraws from the contract, the seller returns the funds received from the purchaser (except the cost for delivery) within 14 days and in the same way as it was received from the buyer to the seller, unless the buyer specifies otherwise. If the buyer withdraws from the contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him, unless he proves that the goods were sent to the seller .

The provisions of the withdrawal within 14 days can not be seen as free rental of goods. If the consumer is using the right to withdraw from the contract within 14 days of receipt, he must return everything to  the seller within 14 days of the withdrawal. If it is not quite possible (for example if in the meantime the goods are destroyed or consumed ), the consumer must provide monetary compensation in return, what can no longer be issued. If the returned goods is only partially damaged, the seller may apply to the consumer the right to compensation and set off its claim for refund of the purchase price. The seller in this case is required to prove the damage incurred. The seller returns to consumer in this case only thus reduced purchase price.
The purchase price to be refunded to the buyer, can be reduced by the seller by a direct cost of returning the goods .
The Right of withdrawal by the consumer in accordance with the provisions of § 1837 of the Civil Code cannot be applied in the case of contracts :
• the provision of services if it was fulfilled prior explicit consent before the deadline for withdrawal and the businessman told the consumer before entering into a contract that in this case he does not have the right to withdraw from the contract
• the supply of goods which have been adjusted as desired by the consumer or for himself
• the repair or maintenance carried out at the place designated by the consumer 's request

The seller reserves the right to cancel orders for goods bearing the term " currently unavailable " if the item is no longer available or cannot be replaced with another model or if the price has changed dramatically and is not accepted by customer.The seller informs his client about this situation. If the order was paid already, the customer will be refunded to his account.

Protection of personal information

Customer information is stored in compliance with the applicable laws of the Czech Republic, in particular the Law of Protection of Personal Data no. 101/2000 Sb. subsequent amendments and regulations. The buyer accepts the conclusion of the collection and processing of personal data in the database of the seller after successful completion of the contract and  that until a written statement disagreeing with the processing.
The buyer has the right of access to their personal data, the right to correct any other legal rights to the data. Personal data can be deleted from the database on the customer's written request. Personal data of customers are fully protected against abuse. The personal customer data are never supplied to others. The exceptions are the carriers, who receive minimum personal information necessary for the delivery of goods. Individual contracts are archived after its closure, in electronic form and are only accessible to trade operators.

The final provisions

Handling of consumer complaints is provided by the seller through e-mail address prodej@nerezvyrobky.cz. The information regarding the ongoing complaint will be send to the buyer´s email address.
The seller is entitled to sell the goods to a merchant. Trade control is carried out under its authority the Trade Licensing Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performes supervision compliance with Act no. 634/1992 Sb., on Consumer Protection, as amended .
These terms and conditions apply as stated on the website of the seller, on the date of conclusion of the purchase contract. The consumer´s order, after being confirmed as a contract between buyer and seller, is archived in order to be proceeded and for future evidence and is accessible to the buyer.
These terms and conditions allow consumer to archive and reproduce. At the moment of conclusion of the sales contract the buyer accepts all the provisions of the terms and conditions in force at the date of dispatching of the order, including the price of the ordered goods specified in the confirmed order, if not stated otherwise.
These conditions become effective on the 18th November 2014.