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COMMERCIAL TERMS

The internet shop ……… with the registered office at Prague 7, Argentinská 516/40, postal code 170 00, ID No. 26184168, VAT ID No. CZ26184168, for the sale of goods through the on-line shop located on the website www.lessmess.eu

The Seller is LESS MESS STORAGE s. r. o. with the registered office at Prague 7, Argentinská 516/40, postal code 170 00, registered in the Commercial Register kept by the Municipal Court in Prague, section C, file 77806.

1 Introductory Provisions

1.1 These Commercial Terms (hereinafter referred to as the “Commercial Terms”) of the internet shop with the registered office at Prague 7, Argentinská 516/40, postal code 170 00, ID No. 26184168, VAT ID No. CZ26184168, contact person ………, tel. …… (hereinafter referred to as the “Seller”) regulate, in accordance with the provision of Section 1751 (1) of Act No. 89/2012 of the Collection of Laws of the Czech Republic (Coll.), Civil Code (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arisen in connection with or under a purchase contract (hereinafter referred to as the “purchase contract”) made between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the internet shop of the Seller. The internet shop is run by the Seller on the website located at the internet address ……. (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “web interface of the shop“).

1.2 Any provisions divergent from the Commercial Terms may be agreed in a purchase contract. Such divergent provisions of the purchase contract shall take precedence over the provisions of the Commercial Terms.

1.3 The provisions of the Commercial Terms form an integral part of the purchase contract. The purchase contract and the Commercial Terms are drawn up in the Czech language. The purchase contract may be made in the Czech language.

1.4 The Seller reserves the right to amend (change or supplement) the current wording of the Commercial Terms at any time by publishing their new wording on the website. This provision does not affect any rights and obligations arisen throughout the effect of the previous wording of the Commercial Terms.

2 User Account

2.1 Based on the Buyer’s registration on the website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the “user account”). If the web interface of the shop makes it possible, the Buyer may also order goods from the web interface of the shop without prior registration.

2.2 When registering on the website and when ordering goods, all data stated by the Buyer have to be correct and true. The data stated in the user account have to be updated by the Buyer upon any change. The data stated by the Buyer in the user account and when ordering goods are deemed true by the Seller.

2.3 Before registration, the Buyer has to acquaint himself/herself with the following facts available on the website of the e-shop called …… In particular, the Buyer is obliged to acquaint himself/herself with:

-       the designation of the goods or service and a description of their main characteristics,

-       the price of the goods or service, or the method of its calculation, including all taxes and fees,

-       the method of payment and the method of delivery or performance,

-       the delivery costs, and where such costs cannot be set in advance, the information that they may be charged in addition,

-       information about the rights arisen from defective performance and the rights arisen from the warranty, and other conditions for the exercise of such rights.

2.4 The access to a user account is secured by means of a user name and password. The Buyer is obliged to keep in secret the information necessary for the access to his/her user account.

2.5 The Buyer may not allow third parties to use the user account.

2.6 The Seller may cancel a user account especially if the Buyer has not used his/her user account for more than 1 year or if the Buyer breaches his/her obligations arisen from the purchase contract (including the Commercial Terms).

2.7 The Buyer acknowledges that the user account does not have to be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, or necessary maintenance of the hardware and software of third parties.

3 Entering into the Purchase Contract

3.1 All presentation of the goods on the web interface of the shop has an informative nature and the Seller is not obliged to enter into a purchase contract in respect of the goods. The provision of Section 1732 (2) of the Civil Code shall not apply.

3.2 The web interface of the shop contains information about the goods, including the prices of individual goods. The stated prices of the goods include the value added tax and all related fees. The prices of the goods are effective for the time when they are shown on the web interface of the shop. This provision does not affect an option of the Seller to enter into a purchase contract under individually agreed conditions.

3.3 The web interface of the shop also contains information about the costs connected with the packing and delivery of the goods. The information about the costs connected with the packing and delivery of the goods stated on the web interface of the shop applies only to the goods delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer shall fill out the order form on the web interface of the shop. The order form contains especially information about:

-       the ordered goods (the ordered goods shall be put by the Buyer into the electronic shopping cart on the web interface of the shop),

-       the method of payment of the purchase price for the goods, information about the required method of delivery of the ordered goods,

-       information about the costs connected with the goods delivery (hereinafter jointly referred to as the “order”).

3.5 Before sending an order to the Seller, the Buyer is given an opportunity to check and change any data entered by the Buyer into the order, even with regard to the Buyer’s opportunities to detect and correct mistakes made when entering data into the order. The Buyer sends the order to the Seller by clicking the button “Complete the purchase” (“Dokončit nákup”). Data stated in the order are deemed correct by the Seller. Immediately after receiving the order, the Seller shall confirm the receipt to the Buyer by electronic mail, using the Buyer’s electronic mail address stated on the user interface or in the order (hereinafter referred to as the “electronic address of the Buyer”).

3.6 Depending on the nature of the order (quantity of the goods, amount of the purchase price, estimated transport costs), the Seller shall always have a right to request additional confirmation of the order from the Buyer (e.g. in writing or by phone).

3.7 The contractual relationship between the Seller and the Buyer is established by the order confirmation (acceptation) by the Seller that shall be sent to the Buyer by electronic mail to the electronic mail address of the Buyer.

3.8 The Seller shall have a right to refuse an order if the ordered goods are not on stock or have not been manufactured any longer or if the order is made contrary to these terms and to the laws in force.

3.9 The Buyer agrees with the use of distance communication means when entering into the purchase contract. Any costs incurred by the Buyer when using distance communication means in connection with entering into the purchase contract (costs of internet connection, costs of phone calls) shall be covered by the Buyer, and these costs shall not differ from the basic tariff.

4 Price of the Goods and Payment Terms

4.1 The prices of the ordered goods are stated in the price list on the website as of the date of placing the order. These prices include VAT but do not include the delivery fees.

4.2 The delivery fees shall be charged according to the rate stated on the website as of the day of placing the order. These rates depend especially on the scope of the order and the selected method of transport.

4.3 The price of the goods and any costs connected with the goods delivery under the purchase contract may be paid by the Buyer to the Seller as follows:

-       in cash in the event of cash on delivery through PPL at the place determined by the Buyer in the order,

-       in the event of personal collection, either in cash at the reception desk of the Seller, or by a payment transfer to account No. …… before collecting the goods.

4.4 Together with the purchase price, the Buyer shall also pay the Seller the costs connected with the packing and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also mean the costs connected with the goods delivery.

4.5 The Seller shall not request any advance or similar payment from the Buyer. This shall not affect the provision of art. 4.5 of the Commercial Terms in respect of the obligation to pay the purchase price of the goods beforehand.

4.6 In the event of a cash payment or cash on delivery, the purchase price shall be due upon the goods receipt.

4.7 The Seller shall have a right, especially if the Buyer fails to provide additional confirmation of the order (under art. 3.6), to demand payment of the whole purchase price before sending the goods to the Buyer. The provision of Section 2119 (1) of the Civil Code shall not apply.

4.8 Price discounts granted for the goods by the Seller to the Buyer may not be mutually combined.

4.9 If it is usual in business relations or if it is set forth by the applicable legislation, the Seller shall issue a tax document – invoice to the Buyer in respect of the payments made under the purchase contract. The Seller is a value added tax payer. The Seller shall issue the tax document to the Buyer following the payment of the price of the goods, and shall send it in electronic form to the electronic address of the Buyer.

5 Withdrawal from the Purchase Contract

5.1 The Buyer acknowledges that under the provision of Section 1837 of the Civil Code, it is not possible to withdraw from purchase contracts:

-       for the delivery of goods that have been adjusted at the Buyer’s request or personally tailored to the Buyer,

-       for the delivery of goods subject to fast spoilage as well as goods that were irreversibly mixed with other goods after the delivery,

-       for the delivery of goods in a closed packing that were taken out from the packaging and that cannot be returned for hygienic reasons,

-       for the delivery of an audio or video record or computer programme if the Buyer has opened the original packaging.

5.2 If it is not a case referred to in art. 5.1 or any other case when it is not possible to withdraw from the contract, then in accordance with the provision of Section 1829 (1) of the Civil Code, the Buyer shall have a right to withdraw from the purchase contract within fourteen (14) days from the goods receipt, and if the object of the purchase contract consists of several sorts of goods or it is the delivery made in several parts, the above stated term shall begin on the day when the last delivery of the goods is taken over. A notice of withdrawal from the purchase contract has to be sent to the Seller within the term referred to in the preceding sentence.

5.3 In the event of withdrawal from the purchase contract under art. 5.2 of the Commercial Terms, the purchase contract shall be null and void from the beginning. The goods have to be returned to the Seller within fourteen (14) days from the withdrawal from the contract by the Buyer. If the Buyer withdraws from the purchase contract, the Buyer shall bear the costs connected with the goods return to the Seller, even if the goods cannot be returned by normal post due to their nature.

5.4 In the event of withdrawal from the contract under art. 5.2 of the Commercial Terms, the funds received from the Buyer shall be returned by the Seller within fourteen (14) days from the withdrawal from the contract by the Buyer by the same method by which the Seller received the funds from the Buyer. The consideration provided by the Buyer may also be returned by the Seller as early as when the Buyer is returning the goods or in another manner if the Buyer agrees with it and if the Buyer does not incur any additional costs thereby. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods to the Seller or has proved that he/she sent the goods to the Seller.

5.5 An entitlement to compensation for any damage to the goods may be unilaterally set off by the Seller against the Buyer’s entitlement to the return of the purchase price.

5.6 At any time before the Buyer takes over the goods, the Seller may withdraw from the purchase contract. In such case, the Seller shall return the purchase price to the Buyer without undue delay by a cashless transfer to the account determined by the Buyer.

5.7 If, together with the goods, the Buyer receives a gift, the deed of gift between the Seller and the Buyer is made with the resolutory condition that in the event of withdrawal from the purchase contract by the Buyer, the deed of gift shall cease to have effect in respect of the gift and the Buyer shall return the granted gift together with the goods to the Seller.

6 Transport and Delivery of Goods

6.1 If the method of transport is agreed to comply with a special requirement of the Buyer, the Buyer shall bear the risk and any additional costs connected with such method of transport.

6.2 If according to the purchase contract, the Seller is obliged to deliver goods to a place identified by the Buyer in the order, the Buyer is obliged to take over the goods on delivery.

6.3 If for the reasons on the Buyer’s part the goods have to be delivered repeatedly or by a method other than the one stated in the order, the Buyer shall bear the costs connected with the repeated delivery of the goods or the costs connected with such other method of delivery.

6.4 When taking over the goods from the carrier, the Buyer is obliged to check integrity of packaging of the goods and report any defects to the carrier without undue delay. If it is found out that the packaging integrity has been damaged, which indicates unauthorized intrusion into the consignment, the Buyer is not obliged to take over the consignment from the carrier.

6.5 Other rights and obligations of the parties relating to the transport of goods may be regulated by special delivery terms of the Seller, if issued by the Seller.

7 Rights from Defective Performance

7.1 The rights and obligations of the contracting parties in respect of the rights arisen from defective performance are governed by the applicable legislation (especially by the provisions of Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174 of the Civil Code).

7.2 The Seller guarantees to the Buyer that the goods have no defects when being sent. In particular, the Seller shall hold liability to the Buyer that at the time when the Buyer receives the goods,

-       the goods have the characteristics agreed between the parties, and if there is no such agreement, the goods have the characteristics that were described by the Seller or manufacturer or that were expected by the Buyer with regard to the nature of the goods and based on the advertising done by the Seller or manufacturer,

-       the goods are suitable for the purpose stated by the Seller for their use or the purpose for which the goods of this sort are usually used,

-       the quality or workmanship of the goods corresponds to the agreed specimen or model if the quality or workmanship was set out according to the agreed specimen or model,

-       the goods are delivered in the corresponding quantity, measures or weight,

-       the goods comply with the requirements of legal regulations.

7.3 The provisions of art. 7.2 of the Commercial Terms shall not apply to the goods sold for a lower price due to a defect due to which the lower price was agreed, to the wear and tear of the goods resulting from normal use of the goods, and where used goods are concerned, they shall not apply to the defects corresponding to the degree of use or wear and tear the goods showed when taken over by the Buyer, or if this follows from the nature of the goods.

7.4 If a defect is revealed within six (6) months from the receipt of the goods, it shall be deemed that the goods were defective as early as upon the receipt.

7.5 The rights from defective performance shall be exercised by the Buyer at the Seller at the address of the Seller’s establishment where the complaint may be received with regard to the range of the goods sold, or at its registered office or place of business. The moment of filing a complaint shall mean the moment when the Seller received the goods under complaint from the Buyer.

7.6 Other rights and obligations of the parties that relate to the Seller’s liability for defects may be regulated by the Seller’s complaint rules.

8 Other Rights and Obligations of the Contracting Parties

8.1 The Buyer shall acquire the ownership of the goods upon payment of the entire purchase price of the goods.

8.2 In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provision of Section 1826 (1) (e) of the Civil Code.

8.3 Out-of-court settlement of consumers’ complaints is attended to by the Seller through the electronic address ……… Information about settlement of a Buyer’s complaint shall be sent by the Seller to the electronic address of the Buyer.

8.4 The Seller is authorized to sell goods under the trade licence. Trade inspections are carried out by the respective trade licensing authority within the scope of their powers. Surveillance in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, surveillance of the compliance with the Consumer Protection Act No. 631/1992 Coll., as amended, to a defined extent.

8.5 The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

9 Personal Data Protection

9.1 The protection of personal data of the Buyer who is a natural person is governed by the Personal Data Protection Act No. 101/2000 Coll., as amended.

9.2 The Buyer grants consent to the processing of the following personal data of the Buyer: name and surname, address of residence, identification number, VAT identification number, electronic mail address, and telephone number (hereinafter jointly referred to as the “personal data”).

9.3 The Buyer grants consent to the personal data processing by the Seller for the purposes of the exercise of rights and obligations arising from the purchase contract and for the purposes of running the user account. Unless a different option is selected by the Buyer, the Buyer grants consent to the personal data processing by the Seller for the purposes of sending information and commercial communication to the Buyer. Consent to personal data processing to the entire extent stated in this article is not a precondition that, as such, would make entering into a purchase contract impossible.

9.4 The Buyer acknowledges that the personal data provided by him/her (when registering himself/herself, in the Buyer’s user account, or when placing an order from the web interface of the shop) have to be correct and true and that the Buyer is obliged to inform the Seller of any change of his/her personal data without undue delay.

9.5 The Seller may authorize a third party as a processor to process personal data of the Buyer. Except for the persons delivering the goods, the Seller shall not disclose the personal data to any other third parties without prior consent of the Buyer.

9.6 Personal data shall be processed for an indefinite period of time. Personal data shall be processed automatically in electronic form or non-automatically in printed form.

9.7 The Buyer confirms that the provided personal data are accurate and that the Buyer was informed that the personal data provision is voluntary.

9.8 If the Buyer believes that the Seller or processor (art. 9.5 of the Commercial Terms) processes personal data of the Buyer contrary to the protection of the Buyer’s private and personal life or contrary to law, especially if the personal data are inaccurate with regard to the purpose of their processing, the Buyer may:

-       request the Seller or processor to provide explanation,

-       demand that the Seller or processor rectifies the arisen situation.

9.9 If the Buyer requests information about the processing of his/her personal data, the Seller is obliged to provide the Buyer with the information. The Seller shall have a right to demand a reasonable payment for the provision of the information under the preceding sentence, and such payment shall not exceed the costs necessary for the provision of the information.

10 Sending of Commercial Communications and Saving of Cookies

10.1 The Buyer grants consent to the sending of information relating to the Seller’s goods, services or company to the Buyer’s electronic address, and grants consent to the sending of commercial communications by the Seller to the Buyer’s electronic address.

10.2 The Buyer grants consent to the saving of cookies on the Buyer’s computer. If a purchase on the website can be made and the Buyer’s obligations arising from the purchase contract may be fulfilled without saving cookies on the Buyer’s computer, the Buyer may revoke the consent referred to in the preceding sentence at any time.

11 Delivery

11.1 Communications may be delivered to the Buyer to the electronic mail address stated in the Buyer’s user account or stated by the Buyer in the order.

 

12 Force Majeure

12.1 The Seller shall make every effort to fulfil its obligations. However, it cannot hold liability for a delay or failure to deliver goods due to circumstances that do not depend on its will. Such circumstances shall mean strikes, wars, natural disasters or other situations that make manufacture, transport or delivery of goods impossible.

12.2 Where a delay or failure to deliver goods is due to a force majeure event, the Seller undertakes to fulfil its obligations as soon as possible and reserves the right to divide the remaining deliveries among the customers in an adequate and fair manner.

13 Final Provisions

13.1 Czech courts shall have the exclusive jurisdiction for the settlement of any disputes.

13.2 Where the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by the Czech law. This shall not affect the consumer’s rights arising from the applicable legislation.

13.2 If any provision of the Commercial Terms is or becomes invalid or ineffective, such invalid provision shall be replaced by a provision that comes closest to the meaning of the invalid provision. Invalidity or ineffectiveness of a provision shall not affect the validity of the other provisions. Any changes and supplements of the purchase contract or Commercial Terms have to be made in writing.

13.3 The purchase contract including the Commercial Terms shall be archived by the Seller in electronic form and shall not be accessible.

13.4 Contact data of the Seller:

Address for correspondence:

Address of the warehouse / office releasing the goods:

Less Mess Storage, Argentinská 516/40, Prague 7 – Holešovice, 170 00

Opening hours:

Monday to Friday: 8 a.m. – 6 p.m.

Saturday and Sunday: 10 a.m. – 6 p.m.

Public holidays: CLOSED