Terms and conditions
Terms and Conditions
General terms and conditions
(hereinafter as the "Terms and Conditions")
These Terms and Conditions are valid for the Seller's Internet Store, which is operated on a Web site located at www.watch4u.com (hereinafter as the "Website") through the Web Site Interface (hereinafter as the "Business Web Interface").
The operator and owner of the www.watch4u.com web site is BUBA HOLDING s.r.o., Company Identification Number 073 80 674, with registered office at Pobřežní 249/46, Karlín, 186 00 Praha 8 Czech Republic. The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, File 131425 ("BUBA HOLDING" or "Seller"). All property rights in relation to these websites are authorized to perform only by the company BUBA HOLDING, in accordance with the law no. 121/2000 Coll. Any retention, modification, and distribution of these pages is possible only with the consent of BUBA HOLDING.
Access and use of the www.watch4u.com website is free of charge; a visitor uses the website at his own risk. BUBA HOLDING does not assume any responsibility for the security of use and uninterrupted access to this site.
Business terms and conditions govern the rights and obligations of the seller and the buyer, either the consumer or the entrepreneur (the consumer or the entrepreneur, the "buyer"). The consumer is anyone who enters into a contractual relationship with the seller outside his / her own business or outside of the independent exercise of his / her profession. It is the entrepreneur who independently carries out on his / her own account and is responsible for gainful activity in a trade or other manner in order to make a profit. Business terms are accessible to everyone within the website.
All contractual relations between the seller and the buyer are governed by the law of the Czech Republic, in particular Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter as "NOZ").
The buyer agrees to use remote means of communication when entering into a purchase contract. Costs incurred by buyers using remote means of communication in connection with the conclusion of a purchase contract are covered by the buyer himself (internet connection, telephone calls). The seller does not establish by means of distance telecommunication any contracts the subject of which is repeated performance.
If the buyer is a consumer, the proposal for the conclusion of the purchase contract is the placement of the offered goods by the seller to www.watch4u.com , with the result that the purchase contract is created by sending the order to the buyer and accepting the order to the seller. Receipt of the order shall be promptly acknowledged by the seller to the purchaser via an e-mail message sent to the e-mail address indicated by the buyer. A confirmation email does not affect the conclusion of a purchase contract. If the buyer is not a consumer, the proposal for a purchase contract is sent by the buyer, with the conclusion that the purchase agreement is concluded by delivering the confirmation e-mail message to the e-mail address indicated by the buyer. The purchase contract is concluded in the Slovak language.
All the presentation of the goods placed on the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract for these goods. Provision of Section 1732 2 NOZ does not apply.
An email message confirming the buyer's order is always a valid version of these terms and conditions.
The goods order is made through the web interface of the store located on the website www.watch4u.com by filling in all the mentioned items. Before submitting an order to the seller, the buyer may change the information entered into the order, such as the quantity of goods, the transport, and the method of payment.
The conclusion of the purchase contract without the agreement of all its requirements stipulated by the NOZ is excluded under the provisions of § 1726 of the NOZ. The seller further in accordance with the provisions of Section 1740 3 NOZ excludes accepting an offer with an addendum or a deviation. On an order that does not contain all the required elements or does not comply with the requirements of these Business Conditions or is in conflict with them and has not been supplemented or repaired after a call made by the seller is considered as an order that has not been made.
By sending the order, the Buyer confirms that he agrees to these General Terms and Conditions before sending it, in the valid and effective way at the time of dispatch.
Prices of goods and payment terms
The store's Web interface contains information about the item, including the price of individual goods. The prices of goods are listed including value added tax and all related fees. The seller is entitled to change the price of the goods unilaterally with the effect that the price of the already concluded purchase contract will not have such an impact.
Under the terms and conditions set forth in these terms and conditions, the seller will charge the buyer, beyond the price of the goods, the cost of delivering the goods to the buyer when the store's web interface also includes information on the costs associated with the packing and delivery of the goods. Information on the costs associated with the packing and delivery of goods displayed on the web interface of the store is valid only in cases, where the goods are delivered within the territory of the Czech Republic.
By executing the order, the buyer confirms the consent with the prices indicated by the seller for the ordered goods.
The method of payment of the purchase price will be agreed in the purchase contract, following the buyer's choice made under his order, when the buyer has the option to choose from the following options:
Noncash bank transfer to one of Seller's accounts: 117989983/0300 - for payments in CZK from the Czech Republic or 117989983/0300 for payments in EUR from the Slovak Republic, conducted in Československá obchodní banka, a.s. as the variable symbol should be the order number. The goods will be sent to the buyer after the payment amount has been credited to the seller's account.
Non-cash via the Global Payments Europe payment system, in cash (on delivery) - the customer pays the goods in cash upon its receipt from the contractual carrier, the seller requests payment of the purchase price before the goods are taken over by the buyer. The seller may require an advance payment or other similar payment from the buyer, especially in cases where the goods are stated to be "to order only".
Terms of Delivery
The goods will be delivered to the buyer at the address stated by the buyer in the order, through the carrier, which the buyer chooses as part of his order. The delivery costs, together with the delivery time, are shown in the store's web interface. If the seller under a purchase contract is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. If the buyer is required to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method. Buyer agrees to provide the seller with the details of the purchaser to the selected carrier, to the extent necessary for the proper delivery of the goods. In case the goods are transported by means of a carrier, the buyer is obliged to check the integrity of the package when taking the goods and, in the case of any defects, to immediately notify the carrier of the damage report. Incomplete or damaged consignment must be notified at the same time to the seller immediately. In the event of a violation of the package indicating unauthorized intrusion, the buyer is not required to take over the consignment from the carrier. If the buyer is a consumer, ownership of the goods, as well as the risk of damage to the goods, passes to the buyer by taking the goods from the selected carrier. If the buyer is not a consumer, the seller sells the goods to the buyer by handing the selected carrier to the buyer for transportation and allows the buyer to exercise the rights of the transport contract with the selected carrier. A buyer who is not a consumer runs the risk of damage to the goods by handing the goods to the selected carrier for shipment to the destination specified in the order.
Claims for defects in goods
The rights and obligations of the Contracting Parties regarding the fulfillment of the defects are governed by the relevant provisions of the NOA. The seller is responsible for the buyer that the goods have no defects when taken over. The seller is accountable to the buyer for the fact that at the time the goods were taken over:
-the goods also have the properties negotiated by the parties and, if it is lacking in the arrangement, the characteristics which the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising advertised by them, the goods are fit for the purpose use by the seller, or to which goods of this type are normally used,
-that corresponds to the quality or conversion of the agreed sample or original if the quality or the transfer was determined according to the agreed sample or original,
-the goods are in the appropriate quantity, degree or weight and comply with the requirements of the legislation.
If the purchaser has been delivered a defect with a material breach of contract, the buyer has the right to remove the defect by delivering a new item without defect or by supplying the missing item, removing the defect by repairing the item, making a reasonable discount on the purchase price, or withdrawing from the contract. The buyer informs the seller of the right he chooses to report the defect or without undue delay after the defect is notified. The choice can not be changed by the buyer without the seller's consent; this does not apply if the buyer asks the buyer to repair a defect that turns out to be irreparable. If the seller fails to remove the defects within a reasonable period of time or if he notifies the buyer that the defects are not removed, the buyer may demand a reasonable discount on the purchase price instead of the defect or withdraw from the contract. If a buyer does not choose his right in a timely manner, he has the rights as in the case of a minor breach of contract (see paragraph 4 below). If the defect is an irrelevant breach of contract, the buyer has the right to remove the defect or a reasonable discount on the purchase price. If the buyer does not exercise the right to a discount from the purchase price or withdraws from the purchase contract, the seller may deliver what is missing or removed from the legal defect. Other defects can be resolved by the seller by repairing the item or shipping a new item. If the seller does not remove the defect in time in good time or the defect refuses to remove, the buyer may demand a discount from the purchase price or may withdraw from the contract. The buyer can not change the choice without the seller's consent. Upon delivery of a new item, the buyer shall return the goods originally supplied to the seller at his expense. Unless the Buyer notifies the defect in good time, he loses the right to withdraw from the purchase contract. If the Buyer fails to notify the buyer of the defect without undue delay after he has been able to find it in the timely inspection and due diligence, the court will not be entitled to the fault. In the case of a hidden defect, the same shall apply if the defect has not been notified without undue delay after the buyer has been able to ascertain with due diligence not later than two years after the transfer of the case.
In the event that the buyer decides, upon fulfillment of the above conditions, to assert his rights to the defect fulfillment, i. to claim the defective goods at the seller, then fill in the "Complaint ticket" form, in particular the exact contact details of the buyer - name, address, telephone, e-mail, description of the defective fault and consumer request and electronically send it to the seller's email firstname.lastname@example.org . The buyer may also print the filled out form and attach it to the consignment containing the defective item of claim sent to the vendor's postal address.
The Buyer shall dispatch the claimed goods without undue delay by post or other shipping service to the address below of the Seller's address. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer. The goods to be reclaimed should be thoroughly secured in order not to damage them during transportation, the consignment should be marked visibly "ADVERTISING" and include:
- claimed goods (including complete accessories),
- a copy of the purchase document, or and a filled-in "Complaint ticket" form or at least a reference to the deadline for submitting a completed form electronically.
Without the foregoing, identification of origin and defects of the goods is impossible. This procedure is also recommended to the purchaser-consumer if he does not prove and do not send the facts otherwise.
The seller has the right to refuse to accept the goods in the complaint in cases where the claimed goods and / or parts thereof are contaminated or do not meet the basic prerequisites for the hygienically safe delivery of the goods to the claimant only if the usual pollution is concerned.
In the case of goods being purchased by consumers, if a defect occurs within six months of taking over, the goods are deemed to have been defective already at take-over.
The Buyer-Consumer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of receipt. The provisions of this Article shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed for the wear and tear of the goods the normal use, when used, of a defect corresponding to the degree of use or wear and tear that the goods had at the time of takeover by the buyer, or if it results from the nature of the goods.
Other rights and obligations of the parties related to the seller's liability for defects are governed by the seller's claim rules.
Article VI. Special provisions for the purchase of goods by consumers In the case where the purchase contract is concluded by means of distance communication, the buyer, who is a consumer in accordance with the provision of § 1829 par. 1. NOZ has the right to withdraw from the contract within 14 days after taking over the goods, where, in the subject of a purchase contract are several types of goods or the delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the buyer within the time limit specified in the previous sentence to the address of the seller's address or to the seller's e-mail address, which the seller informs the buyer about. In order to withdraw from a purchase contract, the buyer may use the template form, which is an integral part of these terms and conditions. In the case where the consumer uses the model form to withdraw from the purchase contract, the seller shall acknowledge the receipt without undue delay in the text form. In the case of withdrawal from the purchase contract under this Article, the purchase contract is canceled from the outset. The consumer is obliged to return the intact goods in full condition to the seller and not bearing the costs associated with the return of the goods to the seller, even if the goods can not be returned for their nature by the usual postal route. In the case where the buyer withdraws from the purchase contract according to the preceding paragraph, the seller returns the money received from the buyer within 14 days of withdrawal from the purchase contract in the same way as he has received from the buyer unless agreed otherwise. The seller may at the same time be entitled to reimburse the purchaser's money upon return of the goods to the purchaser or otherwise insofar as the buyer agrees and does not incur additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the money received to the buyer before the buyer returns the goods or shows that he has sent the goods to the seller. In order to be accepted by the seller in the event of withdrawal, the goods must not be damaged or show signs of wear or tear. The consumer notes that it is not possible, in the sense of § 1837 of the Civil Code, to withdraw from the purchase contract for the supply of goods which has been modified according to the consumer's wish or for his person. The consumer takes note of the fact that when gifts are delivered, the gift agreement between the seller and the buyer is concluded on the condition that if the consumer's right to withdraw from the purchase contract is exercised, the gift contract will lose its validity and the consumer will be obliged to return the returned goods and related gifts, including everything that has been enriched. If these are not rolled back, these values will be understood as an unjustified enrichment of the consumer. If the issue of unwarranted enrichment is not possible, the seller has the right to a cash refund at the normal price.
Article VII. Contact details of the seller Seller's contact details are: BUBA HOLDING, s.r.o., ID 073 80 674 Registered office: Pobřežní 249/46, Karlín, 186 00 Praha 8 Czech republic e-mail: email@example.com Contact person for ordering, complaining and withdrawing from contract: Lucie Tichá, email: firstname.lastname@example.org
Article IX. Sending advertising messages Buyer agrees to be sent advertisements related to the seller's goods, services, or business to the buyer's email address, and agrees to be sent the sales reports to the buyer's email address. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract can be fulfilled so the cookies will not have to be deposited on the purchaser's computer, the buyer can withdraw the consent under the previous sentence at any time.
Article X. Final provisions These terms and conditions of the seller are valid as stated on the seller's website www.watch4u.com on the date of the purchase contract. Seller reserves the right to change the terms of terms and conditions. In the case where the consumer is a party, the relations are not governed by the commercial conditions of the NOZ and by Act no. 634/1992sb., On consumer protection. If a contractor is a party, the relationship is not governed by the terms and conditions of the NOZ. Pursuant to § 1820 para. 1 NOZ informs the seller that with an out-of-court complaint the consumer can contact the inspection body, which is the Czech Trade Inspection. The Czech Trade Inspection Office deals with out-of-court complaints of consumers in the manner and under the conditions established by the relevant legislation. The purchase contract can be concluded in the Czech language or in other languages, unless this is the reason for the impossibility of closing it. Purchase contracts are archived by the seller from the beginning of their closing, even after they have been filled. Purchase contracts are archived in the form in which they were closed. Access to archived sales contracts is exclusively for the seller or the vendor responsible for archiving. They are not authorized to make contracts available to third parties, except for the possible statutory duty of such disclosure. The seller declares that he has a valid trade license at www.watch4u.com. Control of compliance with the Trades Licensing Act is carried out by the relevant Trades Licensing Office. Control over the protection of personal data is carried out by the Office for Personal Data Protection. Control of compliance with the Act on Consumer Protection is carried out to a limited extent by the Czech Trade Inspection. These General Business Terms and Conditions are valid and effective from December 1, 2015.
Complaint order for e-shop Warranty If the buyer applies the defect to the seller rightly, the time limit for exercising the rights to the defect payment does not expire during the time when the goods are being repaired and the buyer can not use it, from the date of application of the claim until the date when the buyer was obliged to take over the product after repair. The Buyer notes that, in the event of a replacement of the goods or part of them as part of the complaint, a new period for the exercise of the rights to the defect fulfillment shall not apply. The time limit for the use of rights from defects can not be considered as determining the life of the goods, it differs with respect to the product properties, its maintenance and the correctness and intensity of use or the agreement between the buyer and the seller.
Warranty list If it is not part of the original warranty certificate from the manufacturer, it is replaced by a sales receipt, which is always part of the delivery of the goods. This document is not required to apply reservations. Claim Under all circumstances, customers try to accommodate. If the consumer discovers a defect on the purchased item during the warranty period, he is entitled to claim it. Send the claimed goods (including, if appropriate, a copy of the sales receipt, warranty certificate, or a cover sheet with a brief description of the defect) to our address.
Claiming address: BUBA HOLDING, s.r.o., Pobřežní 249/46, Karlín,186 00 Praha 8, Czech Republic Claim settlement Claims must be settled within 30 days of the goods claimed are received. If you do not have a complaint settled at this time, you will get to pick new goods or refund your money for the goods. The customer is informed about the way the complaint is handled by e-mail or letter sent to that address.
In Prague on December 1, 2015