Terms and conditions of the Asulo.eu online shop
Internet shop owner: Ing. Radomír Holuša
Address of the registered office: Lesní 341, 533 72, Moravany, Czech Republic
ID NUMBER: 19068140
VAT NUMBER: CZ9208033560
The owner is registered in the Trade Licensing Register – Pardubice City Council (Ref: ŽÚ/2023/2154/Dun)
Contact:
e-mail: [email protected]
telephone contact: +420 734 537 672
Bank connection: bank account No. 239839035/0300 ČSOB bank
IBAN: CZ46 0300 0000 0002 3983 9035
BIC(SWIFT): CEKOCZPP
Terms and conditions for consumers
General
These terms and conditions govern the mutual rights and obligations of the parties arising from consumer contracts (in particular purchase contracts, work contracts or licensing or sublicensing contracts) concluded through the online store www.asulo.eu between the supplier on the one hand and the consumer on the other, or rights and obligations arising in connection with these contracts.
By concluding a consumer contract (in particular a purchase contract, a work contract or a license or sub-license contract), the consumer confirms that he has read these terms and conditions and that he agrees to them. At the same time, the consumer confirms that he/she has been notified of these terms and conditions sufficiently in advance of the actual placing of the binding order and has thus had the opportunity to familiarize himself/herself with them. The concluded consumer contract shall be archived by the supplier for the purpose of its successful execution and shall not be accessible to third parties. Information on the various technical steps leading to the conclusion of the consumer contract is apparent from the ordering process in the online shop and the consumer has had the opportunity to check and, if necessary, correct the order before actually sending it. These terms and conditions are displayed on the website of the online shop, thus enabling their archiving and reproduction by the consumer.
Definition
In interpreting these Terms and Conditions, the following terms shall be interpreted as follows
“Supplier” means Ing. Radomír Holuša (self-employed person), ID No. 19068140, with registered office at Lesní 341, 533 72, Moravany, registered in the Trade Register – Municipality of Pardubice, Czech Republic (File No.: ŽÚ/2023/2154/Dun).
“Online shop” means the Supplier’s e-shop located on the Internet domain located at www.asulo.eu.
“CPL” means Act No. 89/2012 Coll., the Civil Code.
“Registered office” means the registered office located at Lesní 341, 533 72, Moravany, Czech Republic
“consumer” means any person who, outside the scope of his/her business activity or outside the scope of the independent exercise of his/her profession, concludes or otherwise deals with the supplier, in particular a purchase contract, a contract for work or a license or sub-license agreement (see Section 419 of Act No. 89/2012 Coll., Civil Code).
“Consumer contract” means a contract concluded by a consumer with a supplier. Where the above condition is met, it shall be understood in particular as a contract of sale, a contract for work or a license or sub-license contract.
‘Consumer Protection Act’ means Act No 634/1992 Coll., on Consumer Protection, as amended.
“Personal Data Protection Act” means Act No. 101/2000 Coll., on Personal Data Protection and on Amendments to Certain Acts, as amended.
“Goods” means movable property that is the subject of sale in the Online Shop. For the purposes of these Terms and Conditions, goods may also include, in certain circumstances, a right to the use of which a license (sub-license) is granted or a service which is provided in connection with the goods sold.
Consumer account
3.1 Based on the consumer’s registration on the online shop, the consumer can access his/her account. Through his account, the consumer is entitled to create binding orders for goods (hereinafter referred to as “consumer account”). The consumer may also create binding orders for goods in the online shop without registration.
3.2 When registering according to clause 3.1 of these Terms and Conditions and when creating a binding order for goods, the consumer is obliged to provide all the data truthfully. The data provided by the consumer in the consumer account and when creating a binding order for goods are considered correct and up-to-date by the supplier.
3.3 Access to the consumer’s account is secured by a username and password. The consumer is obliged to keep these data confidential. The consumer is not entitled to allow third parties to use the consumer’s account.
3.4 The Consumer understands that the Consumer Account may not be available around the clock (in particular for operational or technical reasons). The Supplier reserves the right to cancel the Consumer’s account in the event that the Consumer breaches his/her obligations under the Consumer Agreement or these Terms and Conditions.
Conclusion of a consumer contract
4.1 On the website of the online shop, the consumer will find the goods advertised by the supplier for the purpose of sale (or for the purpose of granting a license or sub-license or performance of the ordered work), including the price at which the goods are offered. The prices of the goods are exclusive of VAT (the supplier is not subject to VAT). Any additional charges in connection with the sale of the goods (licensing or sub-licensing or performance of the ordered work) will always be made known to the consumer when placing a binding order in the online shop. The offer of goods and prices remain valid for as long as they are displayed on the web shop website.
4.2 A binding order accepted by the Supplier shall be deemed to constitute the conclusion of a consumer contract in accordance with these terms and conditions, whereby the consumer agrees to the terms and conditions as they stood at the time of the sending of the binding order and is bound by them at the time of conclusion of the consumer contract. For the avoidance of doubt, the Supplier expressly states that the provisions of Section 1732(2) of the German Commercial Code do not apply. Acceptance of the goods by the consumer from the supplier shall have the same effect as confirmation of the binding order by the supplier according to the previous sentence.
4.3 To order the goods, the consumer shall fill in the order form on the website of the online shop. An order for goods created on the website of the online shop is a proposal for the conclusion of a purchase contract. Before the order is sent to the supplier, the consumer is allowed to check and change the data he has entered in the order, including with regard to the consumer’s ability to detect and correct errors made when entering the data in the order. The prices of the goods shall be valid at the time the order is placed.
4.4 The consumer is obliged to provide the supplier in the binding order with the necessary data required for the successful fulfilment of the order (i.e. specification of the delivery method, exact name according to the identity card, delivery address, etc.). NOZ. Persons with a duty to supervise minors are liable according to § 2921 of the NCC for damage caused by minors to the supplier.
4.5 After sending a binding order, the Supplier shall inform the Consumer of the sending of this order (not an acceptance of the Consumer’s order) by e-mail to the address indicated by the Consumer in the binding order, of the acceptance of the order by the Supplier (not an acceptance of the Consumer’s order) by e-mail to the address indicated by the Consumer in the binding order, and subsequently, if applicable, also of the acceptance of the Consumer’s order, again by e-mail to the address indicated by the Consumer in the binding order. The Supplier is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated transport costs), to ask the Consumer for additional confirmation of the order. Only when the order acceptance message is received is the consumer’s acceptance of the offer to conclude the consumer contract deemed to constitute the conclusion of the consumer contract.
4.6 Even with regard to goods that were listed in the online shop with the information that they were not available in stock at the time of the consumer’s binding order, i.e. goods marked as “on order”, “with external supplier”, “unavailable” or similarly marked, the contract (purchase, work, license or sub-license) is only formed when the supplier confirms the order. The supplier does not have to confirm the order; if the order is not confirmed, the contract (purchase, work, license or sub-license) does not arise. This also applies if the ordered performance becomes impossible because the ordered goods are no longer manufactured or available on the market available to the supplier or are unavailable for a long time through no fault of the supplier.
4.7 The consumer agrees to the use of means of distance communication in concluding the consumer contract. The costs incurred by the consumer in using such means in connection with the conclusion of the consumer contract (internet connection costs, telephone call costs, etc.) shall be borne solely by the consumer.
Price of goods and payment terms
5.1 The prices of the goods sold (licensed or sublicensed) are updated by the Supplier on a daily basis and the current prices are listed on the web shop. The prices are valid at the time of ordering and are final. The consumer has the opportunity to find out how long the offer or price remains valid before placing an order. If there is a change in the statutory VAT rate between the time of ordering the goods and the date of performance, the supplier shall adjust the price including VAT in accordance with the change in the statutory VAT rate, with the consumer being obliged to pay the supplier the price so changed.
5.2 In the case of special-order goods or goods that are out of stock, a deposit may be required. If the ordered goods are not collected by the consumer, the refund of the deposit will be reduced by a cancellation fee. The amount of the cancellation fee may be up to 80% of the deposit paid. If the price of the goods is not known at the time of conclusion of the contract, it shall be determined by agreement of the parties at a later date, in which case the consumer shall be obliged to notify the supplier within 2 days of the demonstrable communication of the price whether or not he accepts the communicated price. If the consumer does not communicate his acceptance of the price within the time limit, this shall be deemed to be a disagreement with the price and the supplier’s offer.
5.3 The Supplier shall allow the Consumer to make payment of the purchase price of the Goods, payment for the performance of a service or payment for the granting of a license or sub-license online by payment by credit card, by payment to the Supplier’s bank account specified in the header of these Terms and Conditions, by cash on delivery of the Goods by a delivery agent, by credit provided by a third party, or by such other means as the Supplier may subsequently allow.
5.4 In the case of payment on delivery, the price of the goods shall be payable on receipt of the goods by the consumer. In the case of non-cash payment, the price shall be payable within 10 days of the conclusion of the consumer contract at the latest, but always before the consumer takes delivery of the goods.
5.5 In case of non-cash payment (online payment, payment to a bank account), the consumer is obliged to pay the price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the consumer’s obligation to pay the price of the goods is fulfilled when the relevant amount is credited to the supplier’s account.
5.6 Unless otherwise expressly agreed, the installation of the goods and assembly are not part of the purchase contract or the price of the goods.
5.7 Together with the price of the goods, the consumer is also obliged to pay the supplier the costs associated with the packaging and delivery of the goods to the consumer in the agreed amount. The consumer is always informed of the price of these items when placing a binding order.
5.8 Any discounts on the price of the goods granted by the supplier to the consumer cannot be combined.
5.9 On the basis of the consumer contract, the supplier shall issue a tax document to the consumer. The Supplier is not subject to value added tax.
Transport, personal collection and delivery of goods
6.1 Deliveries will be made as soon as possible, usually within 1-5 working days, depending on the availability of the products and the operational capabilities of the Supplier. The place of collection and the method of delivery of the goods shall be determined by the consumer in the binding order created in the online store. In the event that the method of delivery is agreed on the basis of a special request from the consumer, the latter bears the risk and any additional costs associated with the chosen method of delivery.
6.2 If the supplier is obliged under the consumer contract to deliver the goods to the place specified by the consumer in the binding order, the consumer is obliged to take delivery of the goods upon delivery. If, for reasons on the part of the consumer, the goods have to be delivered repeatedly or by a different method than that specified in the binding order, the consumer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the different method of delivery.
6.3 The delivery of the goods does not include the installation of the goods, unless otherwise agreed between the Supplier and the Consumer. The shipment of the goods shall normally contain instructions for use of the goods in the Czech language and a warranty card (if the manufacturer encloses it with the product). The invoice for the goods is sent electronically. The price for delivery of the goods depends on the choice of the delivery method specified in the binding order created by the consumer in the online shop. This price is payable together with the payment of the price for the goods upon delivery, unless otherwise agreed between the consumer and the supplier.
6.4 Upon receipt of the goods, the consumer is advised to inspect the goods delivered. If the consumer discovers damage to the goods, he should take all steps to ensure his rights as far as possible (e.g. drawing up a damage report with the driver of the delivery service). In the event that the consumer refuses to accept the goods delivered under a binding order for reasons other than legal reasons, the supplier is entitled to claim compensation from the consumer for the damage caused to the supplier.
Withdrawal from a consumer contract
7.1 When concluding a consumer contract by means of distance communication, the consumer has the right to withdraw from the consumer contract without stating a reason within 14 days from the date of receipt of the goods (or receipt of other performance according to the content of the contract), where the subject of the consumer contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Within that period, the consumer must send to the supplier an act of conduct involving an expression of intent to withdraw from the consumer contract. The consumer may send the withdrawal from the consumer contract, inter alia, to the address of the supplier’s registered office or to the supplier’s e-mail address indicated in the header. To withdraw from the consumer contract under this provision, the consumer is entitled to use the model withdrawal form located here. The Supplier shall always acknowledge receipt of the withdrawal notice to the Consumer without undue delay.
7.2 Upon withdrawal from a consumer contract by the consumer within the meaning of Section 1829 (1) of the German Civil Code (see Clause 7.1 of these Terms and Conditions), such contract shall be cancelled from the outset. The consumer may exercise the right to withdraw from the contract without any penalty. All costs related to the return of the goods in case of withdrawal from the consumer contract according to the first sentence of this provision shall be borne by the consumer.
7.3 If the consumer withdraws from the consumer contract (see clause 7.1 of these terms and conditions), he shall send or hand over the goods he has received from the supplier without undue delay, at the latest within fourteen days of withdrawal. If the consumer withdraws from the consumer contract, the Supplier shall reimburse the consumer without undue delay, within 14 days of withdrawal at the latest, all monies received from the consumer, including the cost of delivery of the goods. If the consumer has chosen a method of delivery other than the cheapest method of delivery offered by the supplier, the supplier shall reimburse the consumer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered. The supplier shall reimburse the consumer in the same way as it received the money from the consumer, but in a different way only if the consumer has agreed to this and if no additional costs are incurred. However, the supplier is not obliged to return the funds received to the consumer before the consumer has handed over the goods to the supplier or proved that he has dispatched the goods to the supplier.
7.4 When exercising the right of withdrawal, it is recommended to return the goods in their original packaging, undamaged, without signs of use, including all accessories, warranty cards and instructions. If the goods are damaged while in the consumer’s possession or if the goods are returned incomplete, the consumer will be entitled to compensation, but this does not affect other claims of the supplier under the German Civil Code, e.g. the right to compensation for damages or the release of unjustified enrichment. Only in the case where the value of the returned goods is reduced for reasons necessary to familiarize the consumer with the nature and characteristics of the goods, including their functionality (unpacking the goods so that their packaging is not unnecessarily damaged and the use necessary to familiarize the consumer with the nature, characteristics and functionality of the goods, which does not, however, mean the normal use of the goods by the consumer), in a reasonable manner, the supplier shall not be entitled to the performance according to the previous sentence. The Supplier is entitled to unilaterally set off any claim for compensation for damage to the goods against the Consumer’s claim for reimbursement of the purchase price (or, as the case may be, the price of the license or sub-license).
7.5 The Consumer understands that according to § 1837 of the German Civil Code he cannot withdraw from the contract for
a) the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the supplier has informed the consumer before the conclusion of the contract that in such a case, he has no right to withdraw from the contract,
(b) the supply of goods or services the price of which depends on financial market fluctuations independent of the supplier’s will and which may occur during the withdrawal period,
(c) the delivery of alcoholic beverages which may be delivered after the expiry of the 30-day period and the price of which depends on financial market fluctuations independent of the will of the supplier,
(d) the supply of goods which have been adapted to the consumer’s wishes or to his person,
(e) the delivery of perishable goods and goods which, after delivery, have been irretrievably mixed with other goods,
(f) repair or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
(g) the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
(h) the supply of an audio or visual recording or a computer program where the original packaging has been damaged,
(i) the supply of newspapers, periodicals or magazines,
(j) accommodation, transport, catering or leisure activities, provided that the entrepreneur provides these services within the specified time limit,
(k) concluded on the basis of a public auction pursuant to the law governing public auctions, or
(l) the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period, whereby the supplier hereby informs the consumer that he has no right to withdraw from the consumer contract in such a case.
7.6 If a gift is given to the consumer together with the goods, the gift contract between the supplier and the consumer is concluded with the condition that if the consumer withdraws from the consumer contract, the gift contract with respect to such gift shall cease to be effective and the consumer shall be obliged to return the gift to the supplier together with the goods.
Liability for defects, warranty, breach of contract
8.1 Before using the goods for the first time, the consumer is strongly recommended to read the warranty conditions including the Czech instruction manual and to follow this information strictly. Otherwise, he/she runs the risk of damaging the goods through improper use and will not be able to claim the resulting defect under his/her right arising from defects in the goods or the guarantee for the quality of the goods.
8.2 The rights and obligations of the consumer and the supplier with regard to defective performance are governed in particular by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the German Civil Code.
8.3 The supplier is liable to the consumer purchaser for the fact that the goods sold are in conformity with the purchase contract, in particular that they are free from defects. Conformity with the purchase contract means that the goods sold have the quality and performance required by the contract, described by the supplier, the manufacturer or his representative or expected on the basis of their advertising, or the quality and performance usual for the item of such kind that it conforms to the requirements of the legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
8.4 The consumer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of their receipt from the supplier. This shall not apply (a) in the case of goods sold at a lower price, to a defect for which the lower price was agreed, (b) to wear and tear caused by the normal use of the goods, (c) in the case of used goods, to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the consumer purchaser, or (d) if this results from the nature of the goods. The consumer shall assert the rights arising from defective performance at the supplier’s place of business.
8.5 Other rights and obligations of the parties relating to liability for defects are governed by the Supplier’s Complaints Procedure.
Other facts
9.1 The Consumer acquires ownership of the goods by paying the Supplier the full price of the goods.
9.2 The Supplier is not bound by any codes of conduct in relation to the Consumer within the meaning of Section 1826 (1) (e) of the German Commercial Code.
9.3 The consumer has the right to out-of-court settlement of a consumer dispute. The competent body for out-of-court settlement of consumer disputes in the area of services provided by the supplier is the Czech Trade Inspection Authority (http://www.coi.cz/).
9.4 The Supplier is authorized to provide the performance ordered by the Consumer on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with the Consumer Protection Act within a defined scope.
9.5 The Consumer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the German Commercial Code.
9.6 The Supplier informs the Consumer that all goods supplied to the Consumer must be used in accordance with the manufacturer’s or Supplier’s instructions. At the same time, however, the goods must be used with the necessary degree of care. If the consumer is using hardware or any media used as data storage, only conduct that is such that the consumer makes a backup of the data stored at all times can be considered to be prudent. The supplier shall in no way be liable to the consumer for any loss of data.
Final provisions
10.1 By concluding a consumer contract, the consumer confirms that he/she has read these terms and conditions before concluding the contract and that he/she agrees to them.
10.2 Relations between the Consumer and the Supplier arising from or in connection with the Consumer Contract shall be governed by the contents of the Consumer Contract itself, of which these Terms and Conditions are a part, and by the laws of the Czech Republic, in particular the Consumer Protection Act and the Consumer Protection Act. A consumer contract with a supplier may only be concluded in the Czech language.
10.3 If the relationship established by the consumer contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights under generally binding legal regulations.
10.4 If any provision of the consumer contract or these terms and conditions is or becomes invalid or ineffective, the provision closest in content and purpose to the invalid or ineffective provision shall apply instead. The validity and effectiveness of the other provisions of the Consumer Agreement and these Terms and Conditions shall not be affected thereby.
10.5 The Supplier may amend or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. Any changes to these Terms and Conditions may only be made in writing.
10.6 The Consumer Contract, including the Terms and Conditions, is archived by the Supplier in electronic form and is not accessible to third parties.
10.7 The Supplier and the Consumer undertake to resolve any disputes arising out of or in connection with the Consumer Contract primarily amicably.
10.8 These terms and conditions shall come into force and effect on 1 January 2024 and shall replace the Supplier’s previous terms and conditions in their entirety. The Supplier reserves the right to amend these terms and conditions at any time without prior notice.
Terms and conditions for persons not acting as consumers
The above terms and conditions govern the mutual rights and obligations of the parties arising from consumer contracts (in particular purchase contracts, work contracts or licensing or sublicensing contracts) concluded through the online shop between the supplier on the one hand and the consumer on the other, or rights and obligations arising in connection with these contracts.
However, if a person concludes a contract of sale, a contract for a work or a license or sub-license agreement with a supplier in the course of his business or in the course of his independent exercise of his profession, or otherwise deals with the supplier, or if a legal person concludes a contract with the supplier, these persons do not act as consumers (hereinafter referred to as the “entrepreneur”). In such a case, the above-mentioned terms and conditions apply to them, subject, however, to the following modifications.
Articles 1, 2, 3, 5 and 10 of the Terms and Conditions shall also apply to contracts concluded and concluded via the online shop between the supplier on the one hand and the entrepreneur on the other.
Article 4 of the Terms and Conditions shall apply, provided that the entrepreneur is obliged to provide the supplier with such information as to fulfil the purpose of clause 4.4 of the Terms and Conditions.
Article 6 of the terms and conditions applies, provided that the entrepreneur is obliged to inspect the goods on receipt (clauses 6.4 and 6.5) in such a way as to preserve his rights in respect of any defects in the goods.
Article 7 of the terms and conditions does not apply to contracts concluded and concluded via the online shop between the supplier on the one hand and the entrepreneur on the other hand. For the avoidance of doubt, it is stated that the entrepreneur is not entitled to withdraw from the concluded contract in the manner specified in Article 7 of the Terms and Conditions.
Article 8 of the Terms and Conditions does not apply to contracts concluded and concluded via the online shop between the supplier on the one hand and the entrepreneur on the other hand. The legal provisions set out below shall apply.
8.1 Before using the goods for the first time, the entrepreneur is obliged to read the warranty conditions of the goods, including the operating instructions, and to follow this information strictly. If he fails to do so and the goods are damaged by improper use, he will not be able to claim the resulting defect under the right arising from defects in the goods or the guarantee for the quality of the goods.
8.2 The rights and obligations of the entrepreneur and the supplier in respect of defective performance shall be governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the German Civil Code (subject to the following). The warranty for the quality of the goods sold shall only apply to the extent that is stated for the goods in the online shop or in the warranty card for the goods, in case of inconsistent regulation a shorter period shall apply, § 2165 para. 1 of the NTC shall not apply.
8.3 The Supplier is liable to the Buyer Business for the fact that the goods sold are in conformity with the purchase contract without defects.
8.4 The entrepreneur is entitled to claim the right from a defect that occurs in the goods for the period of time that is stated for the goods in the online shop or in the warranty card for the goods, in case of inconsistent regulation, the shorter period applies. A) In the case of goods sold at a lower price, to the defect for which the lower price was agreed, b) to the wear and tear of the goods caused by their normal use, c) in the case of used goods, to the defect corresponding to the degree of use or wear and tear which the goods had when they were taken over by the purchaser, or d) if the nature of the goods so requires, the period during which the rights of defects may be exercised shall be reduced. The entrepreneur shall assert the rights arising from defective performance at the address of the supplier’s business premises. The moment when the Supplier receives the claimed goods from the entrepreneur shall be deemed to be the moment when the claim is made.
8.5 The entrepreneur shall only exercise the rights arising from defective performance at the address of the supplier’s business premises if the rights cannot be exercised directly with the manufacturer of the goods.
8.6 Other rights and obligations of the parties in relation to liability for defects are regulated by the Supplier’s Complaints Procedure.
Article 10 of the Terms and Conditions shall apply, except that the Consumer Protection Act shall not apply to entrepreneurs.