Terms and conditions of use
Khachatur Mkrtchyan - Diacom Technology
277 11 Neratovice,
for the sale of goods through the online store located on the Internet at:
- These terms and conditions (the "trading conditions") of Khachatur Mkrtchyan-Diacom Technology , at Jedová 189, 277 11 Neratovice, identification number: 28765737, TAX: CZ7203171943 (the "seller") shall be governed by the provisions of § 1751. 1 Law number 89/2012 SAT., Civil code (hereinafter the "civil code") mutual rights and obligations of the parties arising in connection with or on the basis of a contract of sale (hereinafter referred to as the “purchase and sale agreement”) concluded between the seller and another individual (hereinafter the "buyer") through the seller's online store. The online store operates on a website hosted on the Internet at https://distributor.diacom.technology (hereinafter referred to as the “website”) through the online store interface (hereinafter referred to as the “online store interface”).
- Trading conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who orders goods in the course of his business activity or within the framework of his profession.
- Requirements other than trading conditions may be agreed in the purchase agreement. The differing arrangements in the sales contract take precedence over the prescriptions in the trading conditions.
- Negotiation of trading conditions is an integral part of the Sales contract. The contract of sale and trading conditions are written in Czech, English, Spanish and Russian. The contract of sale may be concluded in the Czech language.
- The seller can change or supplement the maintenance of trade conditions. This instruction does not affect the rights and obligations which arose during validity period of the previous version of trade conditions.
- Based on the buyer's registration on the website, the buyer gets access to its user interface. From its user interface, the buyer can order the product (hereinafter "user account"). If this interface allows the online store, the buyer can order the goods without registration directly from the interface of the online store.
- When registering on the site and ordering goods, the buyer is obliged to provide correct and accurate information. The data provided in the user account, the buyer is obliged to update with any change. The data specified by the buyer in his account and when ordering the goods the seller considers correct.
- Access to a user account is protected by a username and password. The buyer must maintain confidentiality regarding the information necessary to access his account.
- The buyer should not allow the use of the account to third parties.
- Seller may cancel a user account, especially if the buyer has not used the account for more than 3 years, or if the buyer breaches its obligations under the sales agreement (including trading conditions).
- The buyer confirms that the user account may not be available all the time, especially considering the necessary technical maintenance of the equipment and software of the seller or the necessary technical maintenance of the equipment and software of third parties.
Conclusion of the sales contract
- All submitted goods placed on the interface of an online store are indicative and the seller is not obliged to enter into a contract of sale in relation to this product.
- The interface of the online store provides information about the product, including the prices of individual products. Prices for goods are indicated according to the choice of currency in Czech crowns, euros or us dollars excluding VAT and all related costs and do not include the cost of packaging and delivery of goods. Product prices remain valid as long as they are displayed in the interface of the online store. This requirement does not limit the seller's ability to enter into a sales contract with individually agreed terms.
To order a product, the buyer fills out an order form in the online store interface. The order form contains specific information about:
- the ordered goods (the ordered goods the buyer "will add" to an electronic basket of the interface of online store),
- the method of payment of the purchase price of the goods, the data on the desired method of delivery of the ordered goods (hereinafter "order").
- Before sending the order to the seller, the buyer has the right and an opportunity to check and change data which were specified by the buyer in the order, taking into account a possibility of the buyer to find and correct errors at data entry in the order. The order will be sent by the buyer to the seller having pressed the Send button. The data specified in the order, the seller considers correct.
- The dispatch of the order is considered to be the action of the buyer, which accurately indicates the ordered goods, the purchase price, the identity of the buyer, the method of payment of the purchase price and for the parties to the contract this action is the final composition of the contract of sale. The condition of the order is the completion of all mandatory data in the order form, familiarization with these trading conditions on the website and confirmation of the buyer to read these terms.
- The seller immediately after receipt of the order confirms its acceptance by e-mail, to the buyer's e-mail address specified in the buyer's account or in the order (hereinafter "buyer's e-mail address").
- The seller always has the right, depending on the nature of the order (quantity of goods, purchase price, transportation costs), to request from the buyer additional confirmation of the application (for example, in writing or by phone).
- The final structure of the purchase and sale agreement in the order form is valid within fifteen days.
- Contractual relations between the seller and the buyer arise at the time of acceptance of the order (confirmation), which the seller sends to the buyer by e-mail to the buyer's e-mail address.
- If one of the conditions specified in the order cannot be satisfied by the seller, the seller will send the amended offer to the buyer's e-mail address indicating the possible options of the order and request the buyer's decision.
- The amended offer shall be deemed a new offer of the sales contract and the sales contract shall be concluded by confirmation of acceptance of the offer by the buyer via e-mail.
Transportation and delivery of goods
- In the event that the mode of transport is specified on the basis of a special request of the buyer, the buyer shall bear the risk and any additional costs associated with this mode of transport.
- If the seller under the contract of sale must deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
- In the event that the reasons for which the buyer must deliver the goods repeatedly or in any other way than specified in the order, the buyer shall pay the costs associated with the re-delivery of the goods or the costs associated with another method of delivery.
- Upon receipt of the order from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier. In case of violations of the package, indicating the illegal entry into the parcel, the buyer is not obliged to accept the parcel from the carrier.
Improper execution of the contract
- The rights and obligations of the parties to the contract of sale, in relation to the rights of improper performance of duties, are governed by general binding legal regulations (in particular, paragraphs § 1914-1925, § 2099-2117 and 2161-2174 § of the Civil Code).
The seller is liable to the buyer that the goods are delivered free from defects. In particular, the seller is liable to the buyer at the time when the buyer accepted the goods:
- a product of such quality as has been agreed upon by the parties and, if not agreed, has properties that the seller or manufacturer has described or that the buyer expected based on the nature of the product or the advertising provided,
- the goods are suitable for the purposes for which the seller described or for which the goods of this type are usually used,
- the product conforms to quality or to an agreed pattern or template if quality has been determined on the basis of a contractual pattern or template,
- goods in the appropriate quantity,
- goods comply with legal requirements.
- The provisions referred to in clause 7.2 of the trading conditions do not apply to goods sold at a lower price due to the defective of the goods due to which the new value was established, to the goods worn out due to standard use, to the used goods The product corresponds to the duration of its use and was already present when the goods were transferred to the buyer, or based on the nature of the goods.
- In the event that a defective product appears within six months after the transfer of the goods, it is considered that the goods were already defective when they were transferred to the buyer.
- Rights related to improper performance the buyer may present at the address of the seller's premises, where it is possible to accept the complaint, taking into account the assortment of the goods sold, or in the office or in the place where the seller conducts business. At the time of use of the complaint, the seller shall be deemed to have received the goods subject to complaint from the buyer.
- Other rights and obligations of the parties relating to the seller's liability for defects may be determined by the seller's complaint procedure.
Other rights and obligations of the parties
- The buyer acquires the ownership of the goods, with full payment of the goods.
- The seller is not bound to the buyer by any codes of conduct, e.g. § 1826. 1 point. (e) the Civil code.
- The out-of-court regulator of consumer disputes under sale and purchase agreements is the Czech Trade Inspectorate with a place of business at: Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz
- The seller has the right to sell goods on the basis of a trade license. Trade management is carried out within the framework of their respective licensing authority. Privacy is controlled by the Office for the protection of personal data. The Czech trade inspection carries out a limited scope, including the supervision of compliance with law no. 634/1992 SB., On consumer protection, as amended.
- Thus, the buyer assumes the threat of a change in circumstances according to § 1765 para. 2 of the Civil Code.
Protection of the personal data
- The protection of personal data of an individual buyer is provided by Act 101/2000 Sb., On consumer protection, as amended.
- The buyer agrees with the use of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (hereinafter referred to as "personal data").
- The buyer agrees to the use of personal data by the seller in order to exercise the rights and obligations arising from the contract of sale and to maintain an account. If the buyer does not choose another option, he also agrees to the use of personal data by the seller for the purpose of sending information and commercial messages to the buyer. Consent to the use of personal data in full under this agreement is not a condition that may prevent the conclusion of the contract of sale.
- The buyer takes into account that he is obliged to correctly and correctly indicate his personal data (during registration, in his account, when ordering on the store website) and without delay to inform the seller about their change.
- The seller may provide the processing of the buyer's personal data to a third party - the administrator. The seller will not provide personal data without the prior consent of the buyer to anyone other than the persons delivering the goods.
- Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in printed form in a non-automated way.
- The buyer confirms that the personal data provided are accurate and that he / she has read that it is a voluntary provision of personal data
If the buyer considers that the seller or the processor (section 9.5) is processing his / her personal data, which is contrary to the protection of the buyer's personal and private life or contrary to the law, especially if the data does not correspond to the purpose of their processing, the buyer may:
- request an explanation of the seller or handler,
- request that the seller or handler get rid of this situation,
- If the buyer requests information about the processing of his personal data, the seller must provide this information to him. The seller has the right to request the appropriate payment not exceeding the costs necessary to provide this information.
Sending product information and saving cookies
- The buyer agrees to the sending of information relating to the goods, services or business of the seller to the buyer's e-mail address and also agrees to the sending of information reports by the seller to the buyer's e-mail address.
- The buyer agrees with preserving of cookie files on its computer. In case it is possible to make purchase on the website and to observe the obligations of the seller proceeding from the purchase and sale agreement without saving cookie files on the computer of the buyer, the buyer can cancel the consent.
- A notice concerning the relationship of the seller and the buyer, in particular regarding the refusal of the contract of sale, must be sent by mail in the form of a registered letter or in the form of an e-mail, unless otherwise specified in the contract. The notice is delivered to the respective address of the party to the contract and is deemed to be delivered and valid at the time of its delivery by mail, with the exception of the notice of cancellation of the contract by the buyer, in which case the refusal is considered valid if the notice was sent by the buyer at the time of possible cancellation of the contract.
- A notice which the addressee refused to receive or which was not collected during the storage period or which was returned as not delivered shall also be deemed to have been delivered.
- The parties to the contract may communicate with each other using e-mail, namely, using the email address specified in the buyer's account or specified by the buyer in the order, as well as using the email address specified on the seller’s website.
The final judgment
- 1. If there is an international element in the relations arising from the contract of sale, the parties agree that the relations are governed by Czech laws. This does not affect the rights of the consumer arising from the generally accepted legal norms.
- 2. In the event that any regulation of the terms of the agreement is not valid or inaccurate, or becomes so, the provisions of the agreement will be replaced by those whose meaning is as close as possible to the previous ones. The invalidity of one regulation does not affect the validity of other regulations. Changes and additions to the contract of sale or the terms of the agreement must be made in writing.
- 3. The sales contract including the terms of the agreement is stored by the seller in electronic format or is considered unavailable.
- 4. An appendix to the terms of the agreement is a sample form for the cancellation of the contract of sale.
Seller contact details:
- address for delivery of correspondence Jedová 189, 277 11 Neratovice, Email to email@example.com.
- delivery of a sound or video recording or a computer program if their original packaging has been affected,
- delivery of Newspapers, periodicals and magazines
- delivery of digital content, if it was not delivered on digital media, and was delivered with the prior consent of the buyer before the end of the term of withdrawal from the contract and the seller before the conclusion of the contract told the buyer that in this case he has no right to withdraw from the contract. If this is not the case specified in the requirement of paragraph 5.1 of this agreement, or any other occasion when it is not possible to withdraw from the contract, the buyer in accordance with paragraph § 1829. 1 of the Civil code, has the right to withdraw from the contract of sale, within fourteen (14) days from the date of receipt of the goods, if the contract of sale of several types of goods or delivery of several parts, this period begins from the date of receipt of the last delivery. The cancellation of the sales contract must be sent to the seller within the period specified in the previous offer. The buyer can send the cancellation of the contract to the address of the production premises or the seller's office. For the delivery of a withdrawal from the contract, the provisions of clause 11 of these trading conditions shall apply. The seller shall confirm in writing to the buyer the receipt of the refusal without undue delay. In case of cancellation of the contract of sale in accordance with the requirements of paragraph 5.2 of the trading conditions, the contract of sale is canceled. The goods must be returned to the seller by the buyer within fourteen (14) days of the seller's withdrawal from the contract of sale. If the buyer withdraws from the contract of sale, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by the usual postal route. In case of withdrawal from the contract of sale, the buyer must return the goods intact, including all delivered accessories, documentation, without damage, including the original packaging, in the condition in which the goods were handed over to the buyer after delivery. In case of cancellation of the contract of sale in accordance with paragraph 5.2 of the trading conditions, the seller will return the funds received from the buyer within fourteen (14) days from the date of cancellation of the contract of sale by the buyer, in the same way as the seller received from the buyer. The seller also has the right to return the money to the buyer when returning the goods by the buyer otherwise, if the buyer agrees, and there will be no additional costs. If the buyer withdraws from the contract of sale, the seller is not obliged to return the money to the buyer before the buyer returns the goods. Claims for damages for the goods the seller is entitled to set off unilaterally against the buyer's claim for a refund of the purchase price. Until the transfer of the goods to the buyer, the seller has the right to withdraw from the contract of sale at any time. In this case, the seller will return to the buyer the purchase price without further delay, namely by wire transfer to the account chosen by the buyer. If a gift has been provided to the buyer together with the goods, the gift contract between the seller and the buyer shall be concluded with the condition that upon cancellation of the purchase contract, the gift contract shall become invalid and the buyer shall return the gift to the seller together with the returned goods.
The price of goods, terms of payment and the cancellation of the sales contract
The buyer acknowledges that in accordance with article § 1837 of the Civil code, it is not possible to cancel the contract for:
- delivery of goods, the price of which depends on the deviations of the financial market, regardless of the will of the seller, which may occur during the period of withdrawal from the contract of sale, delivery of alcoholic beverages, which can be delivered only after thirty days and the price of which depends on the deviations of the financial market, regardless of the will of the seller, delivery of goods that have been corrected at the request of the buyer or for him, delivery of perishable goods that have been irreversibly mixed with other goods, delivery of goods in a closed package, which the buyer unpacked and it cannot be returned for hygienic reasons,
The price of the goods and any costs associated with the supply of goods under the contract of sale the buyer can pay the seller as follows:
Bank transfer to the seller's account in a Commercial Bank - Komerční bance a.s.( KB a.s.) (next "seller's account")
in Czech currency (Kč) : account number: 43-6248210287/0100
in euros EUR: Account No.: CZ0201000000436519630217, Bank code: SWIFT: KOMBCZPPXXX
in dollars USD: Account No.: CZ2901000000437609820297, Bank code: SWIFT: KOMBCZPPXXX
cashless payment by card
- The purchase price is valid for fourteen days from the conclusion of the contract of sale. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods and specify the variable payment symbol. In case of non-cash payment, the buyer's obligation to pay the corresponding amount is fulfilled at the time of receipt of funds to the seller's account. The seller sends the goods to the buyer after payment of the purchase price according to the contract. Any discounts on the goods provided by the seller to the buyer cannot be combined. If it is generally accepted at the conclusion of the transaction or it is established by the General mandatory legal requirements, the seller will issue, in respect of payments made in accordance with the sales contract, the invoice. The invoice will provide the seller to the buyer after payment of the cost of goods and send it electronically to the email address of the buyer.
- The buyer agrees to the use of remote communication at the conclusion of the contract of sale. Costs incurred by the buyer when using communication means of remote communication in connection with the conclusion of the contract of sale (the cost of access to the Internet, telephone costs) shall be paid by the buyer independently.