Current general terms and conditions of the online store www.enth-degree.eu valid from 1/1/2024
Business company FINN SUB s.r.o., with registered office Rakovecká 35, 635 00 Brno, IČ 26084091, DIČ CZ26084091, registered in the commercial register maintained by the Regional Court in Brno, file number C 55241
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the trading company FINN SUB s.r.o., Rakovecká 35, 635 00 Brno, IČ 26084091, VAT CZ26084091 (hereinafter referred to as the "seller") regulate the mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contracts (hereinafter referred to as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.enth-degree.eu, through a web interface (hereinafter referred to as the "web interface of the store").
1.2. The terms and conditions further regulate the rights and obligations of the contracting parties when using the seller's website located at www.enth-degree.eu (hereinafter referred to as the "website") and other related legal relationships. The terms and conditions do not apply to cases where a person who intends to purchase goods and services (hereinafter referred to as "goods" in general) from the seller acts when ordering goods as part of his business activity. The rights and obligations between the seller and the buyer, who is not a consumer, are governed by Act No. 89/2012 Coll., Civil Code (hereinafter also "Civil Code"), as amended.
1.3. Changes or different agreements from these terms and conditions require the signature of the company's statutory bodies, entered in the commercial register, and apply only to individual business cases. Other employees are not authorized to make changes or different arrangements from these general terms and conditions. Conditions that are not in accordance with the content of these general terms and conditions, and which are delivered by the customer to the seller together with the order for goods or services, are invalid if the seller, represented by the statutory body, does not accept this change proposal in writing.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language and for the delivery of goods on the territory of the Czech Republic. Unless otherwise agreed in advance, the seller delivers the goods only to the territory of the Czech Republic. The buyer acknowledges that the goods or service can be provided by the seller exclusively to persons who are legally eligible.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. When the buyer registers on the website, the buyer chooses a login password, which he then uses to log in to his user interface. The buyer can order goods from his user interface (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store. Created orders and the progress of their implementation are also recorded in the user account, or recorded discounts and other customer benefits.
2.2. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.
2.4. The buyer is not authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The store's web interface contains a list of goods and services offered by the seller for sale, including the prices of individual goods and services offered. The prices of the offered goods are listed including value added tax and all related fees. The offer for the sale of goods and services and the prices of these goods and services remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.2. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.3. To order goods and services, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
• the ordered goods and services and a description of their main features (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),
• the price of the goods and information about the costs associated with the delivery of the goods,
• the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods (hereinafter collectively referred to as the "order").
3.4. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm receipt of the order with an automatic reply to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address"). After checking the availability of the goods and the conditions for their delivery to the buyer, the seller will confirm this to the buyer at the buyer's e-mail address. If it is possible to deliver only part of the ordered goods, the seller will inform the buyer of this fact without undue delay. No further individual confirmations are made, unless it is needed to refine the order.
3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs, etc.) to ask the buyer for additional confirmation of the order (by e-mail, in writing or by telephone).
3.6. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. The provisions of § 1732 paragraph 2 of the Civil disciple. is expressly excluded. The seller reserves that the buyer's order containing an amendment or deviation that does not substantially change the terms of the offer is not an acceptance of the offer. Such an order is considered a new offer, and the conclusion of the contract between the buyer and the seller will only occur upon acceptance of this order by the seller.
3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially violated the purchase contract (including terms and conditions).
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are a separate and voluntary cost of the buyer.
3.9. The display of goods on any e-commerce website operated by the seller is illustrative only. The weight, dimensions and other data about the goods contained in the catalogs, prospectuses and other documents of the seller located on the website of the electronic store of the seller are given by the manufacturer and may differ from reality by ± 1% of the stated value.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash or by credit card when collecting in person at the seller's store
- using a Visa or Mastercard payment card and the Shoptet Pay online service
- by bank transfer to the seller's bank account
- cash on delivery
4.2. Along with the purchase price, the buyer is also obliged to pay the seller any costs associated with packaging and delivery of the goods.
4.3. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.4. The seller reserves the right to correct the price of the goods before sending the goods, if he discovers that the goods were offered at an incorrect price. In such a case, the customer must be informed of the correct price and the customer must agree to the price adjustment. Otherwise, the order will be canceled by the seller.
5. CANCELLATION OF ORDER
5.1. The buyer has the right to cancel his order by written notice sent to the seller's address, or by e-mail to the seller's e-mail address firstname.lastname@example.org in the event that the purchase price has not yet been paid and the goods have not yet been delivered or sent.
5.2. The seller has the right to reject the customer's order, either in whole or in part. The seller has the right to cancel an already confirmed order if the goods cannot be delivered within the delivery period due to technical reasons, or if the seller or its suppliers have stopped producing or delivering the goods. In such a case, the seller will immediately contact the buyer in order to agree on the next procedure. In the event that the buyer has fully or partially paid the purchase price of the goods, and the buyer does not agree to the provision of other goods, or to alternative performance, with a different delivery period, the seller will return the paid purchase price to the buyer within 14 days by bank transfer to his account or address .
6. WITHDRAWAL FROM THE PURCHASE AGREEMENT
6.1. The buyer takes note that according to the provisions of § 1837 paragraph letter d) municipality Act., among other things, it is not possible to withdraw from the purchase contract for the supply of goods modified according to the buyer's wishes (e.g. dry or wet tailored suit, etc.).
6.2. If it is not a case mentioned in Article 6.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has, in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. disciple. the right to withdraw from the purchase contract within 14 days from the day of acceptance of the goods, and if it is a delivery of several parts of the goods, then from the day of acceptance of the last delivery, always without giving a reason. The buyer's notification that he is withdrawing from the purchase contract must be demonstrably sent to the seller in writing within the time limit according to the previous sentence, to the address of the seller's place of business or to the seller's e-mail address.
6.3. In case of withdrawal from the contract according to Article 6.2 of the terms and conditions, the purchase contract is canceled from the beginning. If the buyer withdraws from the contract, he will send or hand over to the seller without undue delay, no later than 14 days from the withdrawal from the contract, the goods he received from him. The seller hereby, in the sense of § 1820 paragraph 1 letter g) municipality disciple. warns the buyer that the buyer bears the costs associated with returning the goods, or costs for returning the goods, if the goods cannot be returned by the usual postal route due to their nature (this applies in particular to larger pieces of goods, e.g. jet skis).
6.4. Within 10 days from the return of the goods by the buyer according to Article 6.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular for the purpose of determining whether the returned goods are not damaged, worn or partially consumed.
6.5. In the event of withdrawal from the contract in accordance with Article 6.2 of the terms and conditions, the seller shall return to the buyer the funds received from him on the basis of the contract, no later than 14 days after the withdrawal from the purchase contract by the buyer in accordance with Article 6.2 of the terms and conditions. The seller will return the funds to the buyer in the same way in which he received these funds from the buyer; with the consent of the buyer, the seller will also return the funds in another way.
6.6. The buyer acknowledges that he is responsible to the seller in the sense of § 1833 Civil Code. disciple. for any reduction in the value of the goods, which occurred as a result of handling these goods in a different way than it is necessary to handle them with regard to their nature and characteristics.
6.7. In the event that the buyer is delayed with payment or other performance (acceptance of the goods), the seller is entitled to delay the delivery of the goods or the provision of the service until the moment of payment by the buyer. The seller may withdraw from the contract two weeks after the expiry of the replacement deadline for payment or acceptance of the goods set by the seller. As compensation for a claim from a breach of the purchase contract, the seller is entitled to demand payment of a storage fee of 1%/day of the purchase price of the goods, but at least CZK 100/day.
7. TRANSPORTATION AND DELIVERY OF GOODS, DELIVERY TIME
7.1. The delivery of the ordered goods or the provision of the service will take place within the delivery period specified by the seller in the order confirmation to the buyer. The delivery period begins on the day the seller confirms the buyer's order. In the case of payment by non-cash transfer, the delivery period begins on the day the amount of the agreed purchase price, including related fees, is credited to the seller's account. When purchasing several types of goods with different delivery times, the longest delivery time applies, even if the seller usually delivers the goods at once.
7.2. The method of delivery of the goods is determined by the buyer. In the event that the mode of transport is contracted based on the buyer's request as personal collection, the risk and any additional costs associated with this mode of transport are borne by the buyer. In the case of personal collection, the buyer is obliged to collect the goods within 7 days from the delivery of the notification about the possibility of collection.
7.3. If, according to the purchase contract, the seller 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 does not take over the goods upon delivery by the seller, the seller is entitled to demand a fee for the delivery of the goods in the amount agreed in the order according to the valid price list and is also entitled to withdraw from the purchase contract.
7.4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another method of delivery according to the valid price list of transport and delivery of the e-shop www.enth-degree.eu.
7.5. The seller is entitled to make partial deliveries. Each part of the delivery is valid as a separate transaction and a separate invoice may be issued for this case.
7.6. When taking over the goods from the transporter/delivery service, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, notify the transporter/delivery service immediately in writing. In the event of a violation of the packaging indicating unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier/delivery service. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements, and any later claim regarding damage to the package of the shipment may not be taken into account. In case of damage to the goods inside the shipment, which was not visibly damaged from the outside, the claim will be handled individually according to the agreement with the customer and the carrier/delivery service.
8. LIABILITY FOR DEFECTS, WARRANTY
8.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular, the provisions of § § 1914 et seq., § 2099 et seq. and § 2165 et seq. of the Civil Code). Complaints can be submitted in writing via the postal service provider, by e-mail to email@example.com, or in person at a FINNSUB store. The warranty period is 24 months, unless otherwise stated.
8.2. The seller is responsible to the buyer for the fact that the thing being sold is free of defects upon acceptance, in particular that (a) it has the characteristics that the parties have agreed upon, and in the absence of an agreement, such characteristics that the seller or the manufacturer has described or that the buyer expected with regard to the nature goods and on the basis of advertising carried out by them, (b) is suitable for the purpose that the seller states for its use or for which a thing of this type is usually used, (c) corresponds in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or design, (d) is in the appropriate quantity, measure or weight and that (e) complies with the requirements of the legal regulations. If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.
8.3. If the defective performance is a material breach of the contract, the buyer has the right (a) to eliminate the defect by delivering a new item without defect or by supplying the missing item, (b) to eliminate the defect by repairing the item, (c) to a reasonable discount from the purchase price, or (d ) withdraw from the contract. The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed by the buyer without the consent of the seller; this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time, or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. If the buyer does not exercise his right in time, he has rights as if it were a minor breach of contract.
8.4 If the defective performance is an insignificant breach of the contract, the buyer has the right (a) to remove the defect by delivering a new item without defects, if this is not unreasonable due to the nature of the defect, but if the defect concerns only a part of the item, the buyer can only demand the replacement of the part, (b) to remove the defect by repairing the item, or (c) to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. If the seller does not remove the item's defect in time or refuses to remove the item's defect, the buyer may request a discount from the purchase price, or may withdraw from the contract. The choice made cannot be changed by the buyer without the consent of the seller. The buyer has the right to deliver a new item or replace a part even in the case of a removable defect, if the item cannot be used properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract. The buyer has the right to withdraw or request a reasonable discount even if the defect cannot be removed and the item cannot be used properly due to this defect.
8.5 The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it. This does not apply if (a) there was a change in condition as a result of an inspection to detect a defect in the item, (b) if the buyer used the item before the defect was discovered, (c) if the buyer did not cause the impossibility of returning the item in an unchanged condition by action or omission , or (d) if the buyer sold the thing before the discovery of the defect, if he consumed it, or if he changed the thing during normal use; if this happened only in part, the buyer returns to the seller what he can still return and gives the seller compensation up to the amount in which he benefited from the use of the item. If the buyer does not notify the defect in time, he loses the right to withdraw from the contract.
8.6 The right from defective performance does not belong to the buyer, if he knew before taking over the item that the item had a defect, or if the buyer himself caused the defect. If the item has a defect for which the seller is liable, and if it is an item sold at a lower price or a used item, the buyer has the right to a reasonable discount instead of the right to exchange the item. If the buyer does not notify the defect in time, he loses the right to withdraw from the contract. The buyer cannot withdraw from the contract or demand the delivery of a new item if he cannot return the item in the condition in which he received it; exceptions are provided by law. Upon delivery of a new item, the buyer returns the originally delivered item to the seller at his expense. Until the defect is removed, the buyer does not have to pay a part of the purchase price estimated to be reasonably corresponding to his right to a discount.
8.7. The seller decides on the claim immediately upon personal submission, in complex cases within 3 working days. This period does not include the time needed to assess the defect, depending on the type of product. The provisions of § 19 of Act No. 634/1992 Coll. shall apply to the rights and obligations of the contracting parties. , on consumer protection as amended, or the provisions of § 1914 et seq., § 2099 et seq. and § 2165 et seq. municipality disciple. Missing this deadline is considered a material breach of contract.
8.8. The seller will repair the defects of the goods at the buyer's place or in the premises designated by the seller. The seller has the right to demand that the buyer send the goods at the seller's expense and risk or hand over the goods to the carrier designated by the seller. The buyer is obliged to allow the seller to repair the goods. The seller may require the buyer to bring the smaller claimed goods back to the seller's store, together with a copy of the delivery note, proof of payment and warranty card.
8.9. If it is not a perishable item or a used item, the seller is responsible for defects that manifest themselves as a violation of the purchase contract after taking over the item within the warranty period (warranty).
8.10. The rights of the buyer resulting from the seller's liability for defects, including the seller's warranty liability, are applied by the buyer to the seller in writing by e-mail, mail or in person in the protocol.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods. Until then, the buyer may not sell, pledge, donate, rent or lend these goods. The buyer does not have the right to dispose of these goods without the prior express consent of the seller and bears the full risk for the caused damage, loss and destruction of the goods.
9.2. The buyer acknowledges that the software and other components making up the store's web interface (including photos of the offered goods) are protected by copyright. The buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components making up the web interface of the store www.enth-degree.eu
9.3. When using the web interface of the store, the buyer is not entitled to use mechanisms, software or other procedures that could have a negative effect on the operation of the web interface of the store. The web interface of the store can only be used to the extent that it does not infringe on the rights of other customers of the seller and that is in accordance with its purpose.
9.4. The seller in accordance with § 1820 paragraph 1 letter j) municipality disciple. hereby informs the buyer that the buyer can contact firstname.lastname@example.org with a possible complaint about the seller's procedure electronically, and if he is not satisfied, he can file a complaint with the relevant supervisory authority or state supervision. The seller is not a member of an organization or a party to a contract enabling the out-of-court settlement of consumer complaints.
9.5. The seller informs in accordance with § 1826 of the Civil act. that (a) the concluded contract will be stored with the seller, while the buyer will not have access to the contract; however, the buyer can save, print and archive the order confirmation, which contains essential data from the contract, in particular the type and quantity of the goods, the price of the goods, the date of delivery, information on any ordered transport, always including the price; (b) the contract can be concluded in the Czech language; (c) the individual technical steps leading to the conclusion of the contract are listed in Article 3 of these GTC and further in the order form; (d) the order can be modified and changed before dispatch under the terms of Article 3 of these GTC; (e) the seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 paragraph 1 letter e) municipality disciple.
9.6. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
9.7. According to Act No. 477/2001 Coll., the customer has about packaging in each of the seller's establishments, the possibility to return the packaging material (corresponding to the type, shape and size of the goods sold). If the customer does not use the option of returning the packaging, he is obliged, in accordance with the Packaging Act, to ensure the proper disposal of the packaging himself, at his own expense and risk.
9.8 The buyer cannot unilaterally set off his claim against the seller's claim without the prior consent of the seller. The buyer does not have the right to assign any claim against the seller to a third party without the prior consent of the seller, such assignment is invalid. The buyer does not have the right to exercise a lien on goods owned by the seller to secure his claim.
9.9. In the event that a consumer dispute arises between us and the consumer arising from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer can submit a proposal for an out-of-court settlement of such a dispute to a designated entity for out-of-court resolution of consumer disputes, which is:
the Czech trade inspection
Central inspectorate - ADR department
120 00 Prague 2
10. PROTECTION OF PERSONAL DATA AND SENDING COMMERCIAL MESSAGES
10.2. We may use personal data about your purchase with us, which we have received from you or through cookies, in an aggregated, i.e. summary form, for the purpose of measuring the reach and optimization of our website.
11.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by electronic mail, in person or by registered mail via a postal service provider. Most of the messages delivered to the buyer are delivered to the e-mail address specified in his user account.
11.2. The message is delivered:
in the case of personal delivery or through a postal service operator, by receiving the parcel by the addressee,
in the case of personal delivery or through a postal service operator, also by refusing to accept the parcel, if the addressee (or the person authorized to accept the parcel on his behalf) refuses to accept the parcel,
in the case of delivery via a postal service operator, the third working day after sending the parcel to an address in the Czech Republic and the third working day after sending the parcel to an address abroad,
in the case of delivery via a postal service operator, after the expiry of a period of 10 days from the date of depositing the parcel and giving the addressee a call to take over the deposited parcel, if the parcel is deposited with the postal service operator, even if the addressee did not learn about the deposit.
12. FINAL PROVISIONS
12.1. The seller is not responsible for defects in the goods caused by excessive load due to the use of the goods for commercial or non-commercial purposes other than the purposes for which they were intended.
12.2. If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that their mutual relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
12.3. The seller is authorized to sell the goods on the basis of the corresponding trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction.
12.4. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or terms and conditions require written form.
12.5. Individual purchase contracts are archived by the seller in electronic form and are not accessible to third parties.
12.6. Contact details of the seller:
FINN SUB s.r.o.
Rakovecká 35, 63500 Brno, CZ
phone: +420 722 122 222