of the company První Ústecká Montážní, s r.o. (Limited Liability Company)
1. GENERAL CONDITIONS
1.1. These Terms and Conditions of the commercial company První Ústecká Montážní, spol. s r.o., with the registered office at Jateční 1588/49, Ústí nad Labem, 400 01, IČO: 25039971, DIČ: CZ25039971, incorporated in the Commercial Register kept by the Regional Court in Ústí nad Labem, in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code regulates the mutual rights and obligations of the parties arising in connection with or on the basis of a Purchase Agreement of sale concluded between the Seller and another natural person through the internet shops of the Seller - www.stop-dirt.com, www.stop-dirt.cz, www.stop-dirt.eu, www.stopdirt.cz, www.stopdirt.eu
1.2. Business terms do not apply to cases where a person intending to purchase the Goods from a Seller is a legal entity or person acting, while ordering a commodity, within the course of their business or in the independent pursuit of their profession.
1.3. The business relationship between the Seller and the Purchaser, who is not the final consumer, is settled according to the individually negotiated terms. This means that the Seller is entitled to unilaterally refuse to sign the Purchase Agreement. The Seller will inform the Purchaser in writing of this fact at his / her email address stated in the (Purchase) Order.
2. CONCLUSION OF A PURCHASE AGREEMENT
2.1. All presentations of merchandise located on the www.stop-dirt * website are informative and the Seller is not obliged to conclude a Purchase Agreement for these Goods.
2.2. Purchaser's order made via the www.stop-dirt. * or over the phone is a binding proposal of the Purchaser to enter into a Purchase Agreement with the Seller. The Seller will immediately acknowledge the receipt of the order by email at the email address stated by the Purchaser in the Order, which confirmation is not the acceptance of the Seller and the proposal for the conclusion of the Purchase Agreement.
2.3. The Purchaser has the right to cancel the order, i.e. to withdraw his proposal for the conclusion of the Purchase Agreement, without any penalties until the moment of dispatch of the Goods. The Purchaser is obliged to notify the Seller of the cancellation of the order by email or telephone.
2.4. The Purchase Agreement is concluded by accepting the proposal for the conclusion of the Purchase Agreement by the Seller, the acceptance being understood as the dispatch of the Seller´s Goods to the Purchaser or the explicit Seller´s acceptance of the conditions by email.
2.5. The prices of goods and services (such as postage) listed on the web interface are in CZK, EUR and possibly in other currencies, including the applicable VAT rate according to valid legislation.
2.6. The Purchaser agrees to use the means of communication remotely when concluding the Purchase Agreement. Any costs incurred by the Purchaser when using distance means of communication in connection with the conclusion of the Purchase Agreement (costs of the Internet connection, telephone calls) are borne by the Purchaser himself.
2.7. The Purchase Agreement is concluded in the Czech, German or English (or other mutations) language and is archived for the purpose of its proper performance and is not accessible to third parties.
3. PAYMENT CONDITIONS
3.1. The price for the goods and any possible costs associated with the delivery of the goods under the conditions of the Purchase Agreement can be paid by the Purchaser in the following ways:
a) in cash at the place specified by the Purchaser in the Order;
b) in cash in the vendor's sales outlets;
c) by means of non-cash transfer to the account of the Seller;
d) non-cash by payment card;
e) non-cash via the payment system listed on www.stop-dirt. *
3.2. For Goods manufactured directly on customer's request (custom production), the Purchaser is required to pay the Seller a deposit of 50% of the selling price in advance. This deposit is irreversible.
3.3. The Seller sends a sales receipt together with the Goods to the Purchaser.
3.4. Payments account numbers:
a) For payments in CZK - 242067427/0300
b) For payments in EUR - 272369178/0300 = IBAN: CZ3903000000000272369178, (SWIFT): CEKOCZPP
4. TRANSPORT AND SUPPLY OF GOODS
4.1. The cost of postage and packaging is borne by the Purchaser according to the method chosen when ordering the Goods. These costs are governed by the prices listed on www.stop-dirt. *.
4.2. If the Seller is obliged to deliver the Goods in the place specified by the Purchaser in the Order, the Purchaser is obliged to take over the Goods upon delivery. Upon receipt of the Goods from the transporter, the Purchaser is required to check the integrity of the packaging of the Goods and, in the event of any defect, to notify the carrier without delay. In the event of a violation of the package indicating unauthorized entry into the consignment, Purchaser is not required to take delivery of the consignment from the carrier.
4.3. If, for reasons of the Purchaser's need, it is necessary to deliver the Goods repeatedly or in any other way than stated in the Order, the Purchaser is obliged to pay the costs associated with the repeated delivery of the Goods, respectively costs associated with another delivery method.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. In accordance with Section 1829 (1) of the Civil Code, the Purchaser has the right to withdraw from the Purchase Agreement without giving any reason within 14 (fourteen) days of receipt of the Goods. The withdrawal from the Purchase Agreement must be sent to the Seller within this period by email or in writing to the Seller's address.
5.2. In the case of withdrawal from the Purchase Agreement, the purchase agreement is abolished from the outset. The delivered Goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the Purchaser with the same parameters as they have been sent by the Seller. If the Purchaser withdraws from the Purchase Agreement, the Purchaser bears the cost incurred for returning the Goods (e.g. shipping, etc.), even if the Goods cannot be returned by their normal postal route.
5.3. In the event of the withdrawal from the Agreement, the Seller returns the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same way as the Purchaser has accepted them, unless he explicitly negotiates with the Purchaser and they agree on any other way, which does not incur any further costs to the Seller. The Seller is not obliged to return the received funds to Purchaser before the Purchaser returns the Goods.
5.4. In accordance with Section 1832 of the Civil Code, the Purchaser is entitled to a refund of the amounts associated with the transportation or delivery of the Goods (e.g.postage) in connection with their acquisition/ purchase (not return). This claim, however, is only the amount of the cheapest variant offered by the Seller (even if the Purchaser decided to choose a more expensive way of shipping while ordering the Goods), and personal collection cannot be considered as such a delivery method.
5.5. The Purchaser takes into account that, under Section 1837 of the Civil Code, it is impossible to withdraw,. among other things, from the Purchase Agreement:
a) the supply of Goods which has been customized to the consumer's or altered for this person´s needs (custom-made);
b) the supply of perishable Goods as well as Goods that have been irreversibly mixed with other Goods after delivery;
c) the supply of Goods in sealed packaging which the consumer has removed from the packaging and the goods cannot be back for hygienic reasons;
5.6. The Purchaser acknowledges that if the returned Goods are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage incurred by the Goods and is entitled to offset this entitlement unilaterally against the Purchaser's claim for repayment of the purchase price.
5.7. If a gift is provided to the Purchaser together with the Goods, the gift agreement between the Seller and the Purchaser is concluded with the condition that if the Purchaser withdraws from the Purchase Agreement, the Gift Agreement will become effective and the Purchaser will be obliged to return the provided gift along with the Goods to the Seller.
5.8. Until the receipt of the Goods by the Purchaser, the Seller is entitled to withdraw from the Purchase Agreement at any time. In this case, the Seller will inform the Purchaser by e-mail to the address stated in the Purchase Order and will return the Purchaser the Purchase Price without undue delay.
5.9. The Seller provides the Purchaser with an extended period for returning the Goods without giving any reason beyond the statutory time limit (point 5.1.) for a period of 6 months (183 days) from the receipt of the Goods.
5.10. For Goods returned beyond the statutory time limit (14 days), the Seller reserves the condition that these Goods must not be used, expired, partly or wholly consumed or damaged in any way, beyond the normal check of the Goods after its acceptance. For the other conditions of withdrawal from the Purchase Agreement for an extended period, i.e. points 5.1. through to 5.8. of these Business Terms and Conditions.
5.11 The purchased Vouchers cannot be exchanged for a financial amount. Any possible difference in the price of the selected Goods and the value of the Voucher is not reversible.
6. RIGHTS RESULTING FROM THE DEFECTIVE PERFORMANCE
6.1. The Seller is liable to the Purchaser for the fact that the Goods have no defects when taken over and that at the time the Purchaser took over the Goods:
a) the Goods have characteristics that the parties have negotiated and, failing that, have properties that the Seller or the Manufacturer has described or which the Purchaser expects with regard to the nature of the Goods and the advertising they make;
b) the Goods are fit for the purpose for which the Goods are put or which the Goods are normally used for;
c) the Goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or model;
d) the Goods are in the appropriate quantity, scope or quality;
e) the Goods comply with the requirements of the legislation.
6.2. Provisions in Article 6.1. of these Business Terms and Conditions shall not apply to Goods sold at a lower price for a defect for which a lower price has been agreed. In the case of a defective Goods, the amount of use or wear which the Goods had at the time of takeover by the Purchaser or the nature of the Goods.
6.3. A defect that the merchandise has upon the takeover by the Purchaser substantiates the Purchaser's right resulting from the defective performance creates a defect that the merchandise has upon the takeover by the Purchaser. If a defect occurs within six (6) months of the takeover, the Goods are deemed to have been defective already at takeover.
6.4. If the defective performance is a material breach of Purchase Agreement, the Purchaser is entitled to:
a) to the removal of the defect by being delivering a new item without de
b) to the remedy of the defect by the Seller´s repairing the item;
c) a reasonable discount on the purchase price;
d) to the purchaser´s withdrawal from the Purchase Agreement
6.5. The Purchaser shall inform the Seller of the applicable law he chooses while reporting the defect or ,without undue delay, after the defect is notified. The Purchaser cannot change this choice without the Seller's consent.
6.6. Rights resulting from defective performance are claimed by the Purchaser at the Seller's address: První Ústecká Montážní, s r.o., with the registered office at Jateční 1588/49, Ústí nad Labem, 400 01, ID. No.: 25039971, TAX ID. No.: CZ25039971, or personally at our outlets listed on www.stop-dirt. *
7. GIFT CERTIFICATES
7.1. Gift certificates are valuables issued by the Seller and applicable only to purchases at the Seller´s company. The certificate´s code serves the technical way of realizing the security. In the event of a failure to complete or withdraw from the Purchase Agreement within 14 days, the Seller may generate a replacement code for the Purchaser. Generating a new code does not change the valuable.
7.2.The moment of the sale from the point of view of the Sales Records Act in the case of payment by a gift certificate occurs at the moment of dispatch of the Goods to the Purchaser.
8. PROTECTION OF PERSONAL DATA
8.1. How the Seller processes the Purchaser's personal information is described in the Customer Privacy Section. The Purchaser acknowledges that he is required to indicate his or her personal information correctly and truthfully and that he is obliged to inform the Seller of any change in his or her personal information without undue delay. The Purchaser confirms that the provided personal data are accurate.
These Terms and Conditions are valid from August 17, 2018