Značkový e-shop bazénového specialisty č. 1 v ČR

Terms and Conditions

Terms and Conditions

1. Recitals

These terms and conditions (hereinafter the “Terms and Conditions”) are applicable to purchases in online shop www.bazeny.cz operated by ALBIXON a.s., a company with its registered office at Zbraslavská 55, 159 00 Prague 5, Id. No. 26117274 (hereinafter the “Seller”).
The Terms and Conditions regulate the mutual rights and obligations of the Parties arising on the basis of the purchase contract (hereinafter the “Purchase Contract”) entered into between the Seller and a natural person or legal entity (hereinafter the “Buyer”) through the Seller’s online shop. 
The Terms and Conditions are an integral part of the Purchase Contract and both the Terms and Conditions and the Purchase Contract have been drawn up in the Czech language. Should the Purchase Contract contain any provisions derogating from the provisions of the Terms and Conditions, the provisions of the Purchase Contract shall take precedence. The Seller may amend or supplement the wording of the Terms and Conditions, where the new wording shall be without prejudice to any rights and obligations arising during the effect of the new version of the Terms and Conditions. 
By placing a purchase order the Buyer confirms that he has become duly and sufficiently acquainted with the Terms and Conditions and agrees therewith. The Terms and Conditions are kept on the pages of the online shop in a form enabling archiving and reproduction.
The legal relationships between the Seller and the Buyer are governed by the applicable provisions of Act No. 89/2012 Coll., the Civil Code (hereinafter the “New Civil Code”). 
In the sense of Section 419 of the New Civil Code, a consumer is any individual who, outside his trade, business or profession, enters into a contract or has other dealings with an entrepreneur.

 

2. Entering into the Purchase Contract

A purchase order (Art. 3) made by the Buyer at www.bazeny.cz is a binding draft Purchase Contract. The Purchase Contract is entered into upon acceptance of the purchase order by the Seller. Acceptance of a purchase order means sending the “Confirmation of receipt of the purchase order” to the e-mail address indicated by the Buyer in the purchase order or through some other means of distant communication. The Buyer is obliged to check correctness of the completed details. If the confirmation of receipt of the purchase order contains some other details than those specified by the Buyer in the purchase order, the Buyer is obliged to contact the Seller without delay by telephone or e-mail. A purchase order and confirmation of its receipt are deemed delivered if the parties to the contractual relationship are able to become acquainted with them. 
The Buyer agrees with the use of means of distant communication enabling individual negotiations in the conclusion of the Purchase Contract and, simultaneously, gives his express consent to the use of an automatic telephone system, fax machine and automatic sending of e-mails. Any and all costs incurred by the Buyer using means of distant communication in connection with entering into the Purchase Contract (the costs of Internet connection and telephone calls) shall be borne by the Buyer.
The Seller is by no means obliged to enter into the Purchase Contract, in particular with persons who have previously breached the Purchase Contract or the Terms of Conditions. The Buyer acknowledges and agrees with this fact.
The Seller provides for the supply of the ordered goods (thing) only within the territory of the Czech Republic and the Slovak Republic unless otherwise agreed between the Parties.
Individual Purchase Agreements are archived by the Seller and not available to third parties.

 

3. Placing of Purchase Orders and Price for the Goods Including Payment Terms

The Seller’s online shop contains a list of goods offered by the Seller for sale, including prices and information on the costs related to packaging and delivery of the goods. The prices of the goods offered are indicated including value added tax and all related charges. The offer of sale of the goods and prices for the goods remain valid for the period during which they are displayed on the website of the online shop or until the goods are sold out. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined. The Seller may enter into the Purchase Contract under individually arranged conditions.
To place a purchase order, the Buyer shall complete the “purchase order form” (hereinafter the “Purchase Order”) containing, in particular, information on the goods being ordered (the Buyer shall put the goods being ordered into the electronic shopping cart), method of payment of the purchase price for the goods, information on the required method of delivery of the goods being ordered and information on the costs related to the delivery of the goods. Before sending the Purchase Order to the Seller, the Buyer can check and modify the details that he specified in the Purchase Order, so as to find and correct any mistakes made when completing the Purchase Order. The Seller relies on accuracy of the details specified by the Buyer in the Purchase Order. Depending on the type of the Purchase Order (quantity of goods, amount of purchase price, anticipated costs of shipment), the Seller may request that the Buyer additionally confirm the Purchase Order (e.g. in writing or by telephone). If the Purchase Order is not additionally confirmed by the Buyer, the Seller may request that the Buyer pay the entire purchase price before dispatching the goods to the Buyer.
The Buyer shall pay to the Seller the price for the goods in Czech crowns and any costs associated with the supply of the goods in accordance with the Purchase Contract concluded, as follows:

A. Cash on delivery
The price for the goods is paid by the Buyer in cash upon receipt of the goods by the carrier (e.g. a GEIS carriage service driver). 
B. Payment in advance by wire transfer
The Seller sends to the Buyer’s e-mail address the details for the payment for the goods (total amount, bank account number, variable symbol) and the goods will be dispatched upon the transfer of the amount into the Seller’s account.
C. Cash payment
In cash upon collection the goods at the Seller’s establishment.
D. Payment using the GP Webpay gateway
The Buyer makes the payment via the GP Webpay gateway. An e-mail with confirmation of payment with the EET receipt is sent to the Buyer after the payment has been made successfully.

The Seller has the right from case to case, in particular where the price for the goods is high, to request an advance payment for the price of the goods in an amount set by the Seller or the entire price for the goods before handing over (dispatching) the goods.
Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods; unless stated otherwise, the purchase price includes the costs associated with the packaging and delivery of the goods.
In case of payment in cash at the Seller’s establishment or cash on delivery, the purchase price shall be payable upon receipt of the goods.
In relation to the payments made under the Purchase Contract, the Seller shall issue to the Buyer after the payment of the price for the goods an invoice or proof of purchase of the goods, namely in cases in which this is part of business practice or in which this is set out in the generally binding legal regulations.
Should the Buyer be in default on the payment of the purchase price for the goods, the Seller is entitled to charge the Buyer a contractual penalty of 0.5% of the price for the goods per day.

 

4. Delivery and Carriage of the Goods

The ownership title to the goods shall pass to the Buyer on the date of payment of the purchase price. The goods remain the property of the Seller until the goods are paid for in full. The goods shall be deemed received by a Buyer who is an entrepreneur at the moment when the goods are delivered to the first carrier (transfer of risk of damage to the goods). The risk of accidental damage to or accidental deterioration of the goods shall pass to the Buyer on the date on which the goods are delivered.
The place of delivery of the goods is specified in the Purchase Contract. The Seller supplies (delivers) the goods only in the territory of the Czech Republic. The costs of carriage (including all charges) shall be paid by the Buyer. The goods can be shipped as follows:

the loading and shipment of the goods to the place of delivery are provided for by the Seller, the unloading is provided for by the Buyer;
the loading is provided for by the Seller, the shipment of the goods to the place of delivery and unloading are provided for by the Buyer;
the shipment is provided for by the Buyer and the goods are collected by the Buyer directly at the Seller, the loading is provided for by the Seller.

Unless otherwise set out in the Purchase Contract, the delivery method shall be determined by the Seller. If the method of shipment is agreed upon and provided for on the basis of the Buyer’s requirement, the risks and any additional costs associated with the chosen method of shipment shall be borne by the Buyer. If, under the Purchase Contract or by nature, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Purchase Order, the Buyer is obliged to take over the goods upon delivery. If the Buyer fails to take over the goods upon delivery, the Seller may request a storage fee in the amount of 0.15% of the price for the uncollected goods per day. If, for reasons on the Buyer’s part, it is necessary to deliver the goods repeatedly or using a method other than that specified in the Purchase Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or costs associated with the alternative method of delivery.
The Buyer is obliged to take over the goods from the carrier to check integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. Should the packaging be damaged in a manner indicative of unauthorised intrusion into the consignment or any other damage, the Buyer is not obliged to take over the goods from the carrier. If the Buyer takes over any damaged goods from the carrier, the damage must be described in the carrier’s handover record. By signing the delivery note, the Buyer confirms that the consignment of the goods meets all conditions and requisites.
The Buyer shall always properly check the content of the consignment (parcel) upon its receipt. If the consignment or its content appears to be damaged, the Buyer shall immediately draw up a record of the damage with the carrier. If there is any damage to the goods as a result of carriage without any signs of damage to the packaging, the Buyer shall notify the Seller of this fact within 1 business day of delivery of the consignment. It is always advisable to take a photo of the damage and send the photo to the Seller via e-mail to document the Buyer’s claim arising from any complaint.
The delivery period is agreed upon in the Purchase Contract. In case of advance payment by wire transfer, the delivery time shall be calculated starting from the date on which the Seller’s account is credited with the amount. After the Purchase Order is made, an information e-mail shall be sent to the Buyer on acceptance of the Purchase Order and, subsequently, information that the goods are being prepared for dispatch.

5. Withdrawal from the Contract by the Consumer

If the Buyer is a consumer, he has the right to withdraw from the contract without giving a reason, not later than 14 days of the date following the date when the Buyer or a third party appointed by the Buyer (other than the carrier) takes over the goods. To comply with the deadline for withdrawal from the contract, it is sufficient to send the withdrawal from the contract before expiry of the time limit for withdrawal.
For the purposes of exercising the right of withdrawal from the contract, the Buyer must inform the Seller about his withdrawal from the contract in the form of a unilateral legal act (for example, through a letter send via a postal service provider or by e-mail to info@bazeny.cz).
If the Buyer withdraws from the contract, the Seller shall return to the Buyer all payments received from the Buyer, including the costs of delivery (other than additional costs incurred as a result of the method of delivery chosen by the Buyer being different than the cheapest method of standard delivery offered by the Seller). The refund of payments shall be made by the Seller using the same means of payment as that used by the Buyer for the initial transaction unless the Buyer expressly has stipulated otherwise. The Buyer shall not incur any additional costs thereby. The Buyer shall bear direct costs associated with the return of the goods.
The Seller shall return any payment to the Buyer only after receiving the returned goods or obtaining proof that the Buyer sent the goods back to the Seller, without undue delay, not later than 14 days of the date when the earlier of the foregoing occurred.
The Buyer is obliged to return the goods undamaged, unused and complete together with the original proof of purchase (invoice), to the following address:

ALBIXON a.s. - Bazeny.cz
OSOV 75
267 25, OSOV

without undue delay, not later than 14 days of the date of withdrawal from the contract, where this deadline is considered complied with if the Buyer dispatches the goods back to the Seller before its expiry.
The Buyer is liable for a decrease in the value of the goods as a result of their handling in a manner other than required for becoming acquainted with the nature and properties of the goods, including their functionality.
The form of withdrawal from the contract is available HERE.

 

6. Withdrawal from the Contract by the Seller

If the Buyer is in default on the payment of the purchase price or fails to take over the goods, the Seller may withdraw from the Purchase Contract. In that case, the Seller is entitled to require from the Buyer compensation for freight and other costs associated with returning the goods.
The Seller is also entitled to withdraw from the contract if the production or marketing of the goods is terminated or the price for the goods is considerably altered.

 

7. Liability for Defects

The Buyer’s right following from defective performance arises on the basis of a defect which the goods have upon the passage of the risk of damage to the Buyer (takeover) or a defect arising later that the Seller caused by breaching its obligation. The rights of the Buyer under defective performance are governed by these Terms and Conditions and by the provisions of the Civil Code in other matters.
If defective performance represents material breach of the contract, the Buyer has the right to removal of the defect by delivery of new goods free of any defects (this shall not apply if the Buyer is unable to return the goods in the same condition in which he received it) or to delivery of missing goods, to remedy of the defect by repairing the goods, or to an appropriate discount on the Purchase Price, or to withdraw from the contract. The Buyer shall advise the Seller as to which right he has chosen, upon notification of the defect or without undue delay after notifying the defect. The Buyer may not change the choice once made without the Seller’ consent; this shall not apply if the Buyer required remedy of a defect that is in fact irreparable. If the Seller fails to remedy a defect within a reasonable time limit or if the Seller notifies the Buyer that it will not remedy the defect, the Buyer may, instead of having the defect remedied, request a reasonable reduction of the purchase price or withdraw from the contract. If the Buyer fails to make the choice in due time, the Buyer’s rights will correspond to those that are vested in the Buyer in case of non-material breach of the contract.
If defective performance constitutes non-material breach of the contract, the Buyer has the right to have the defect remedied, or to a reasonable reduction of the purchase price. Until the Buyer asserts his right to a reduction of the purchase price or withdraws from the contract, the Seller may supply what is missing or remedy a legal defect. The Seller may remedy other defects according to the Seller’s own choice or by delivering new goods. If the Seller fails to remedy a defect of the goods in due time or refuses to remedy a defect of the goods, the Buyer may demand a deduction of the purchase price or may withdraw from the contract. The Buyer may not change his choice without the Seller’s consent.
If the Buyer is a consumer, it shall hold that

the Seller is liable to the Buyer for ensuring that the goods are free of any defects upon takeover, where the Buyer is entitled to exercise the right arising from a defect which occurs in consumer goods within twenty-four months from the takeover of such goods;
if the goods lack the specified properties, the Buyer may also require the supply of new goods free of any defects, unless this is disproportionate to the nature of the defect, but where the defect only concerns a component part of the goods (thing), the Buyer may only request replacement of that component part; if this is impossible, he may withdraw from the contract. If, however, this would be disproportionate to the nature of the defect, in particular where the defect can be remedied without undue delay, the Buyer has the right to have the defect remedied free of charge.
Even where a defect is remediable, the Buyer is entitled to have new goods supplied or a component part replaced if he cannot use the goods properly due to repeated occurrence of the defect after a repair or due to a higher number of defects. In that case, the Buyer also has the right to withdraw from the contract.
If the Buyer does not withdraw from the contract or fails to exercise his right to have new defect-free goods supplied, their component part replaced or the goods repaired, the Buyer may request a reasonable price reduction. The Buyer also has the right to a reasonable discount if the Seller cannot supply to him new defect-free goods, replace a component part of the goods or repair the goods, as well as if the Seller fails to provide for remedy within a reasonable time or if such remedy would cause substantial difficulties to the Buyer.

The Buyer shall not have rights based on defective performance if, before the takeover of the Goods, the Buyer was aware of the defect or the Buyer caused the defect himself.
Rights arising from defective performance shall be asserted by the Buyer with the Seller at the Seller’s establishment. The Seller shall make a decision on a complaint immediately or, in complex cases, within three business days. This period does not include the reasonable time necessary for expert assessment of the defect. The Seller shall resolve a complaint, including remedy of the defect, without undue delay, but not later than 30 days of the date of raising the complaint unless the Seller and the Buyer agree on a longer period of time. The Seller shall issue to the Buyer a written confirmation of a complaint received, stating the date, subject matter and method of settlement of the complaint preferred by the Buyer, and a confirmation of the method and duration of repair of the goods, or a written statement stating the reason for rejecting the complaint, as relevant. In the event of a justified complaint, the Buyer is entitled to compensation for the costs associated with the complaint (in particular, postal charges paid by the Buyer upon dispatch of the goods subject to the complaint).
The Buyer is obliged to take over the goods within one month of the Seller’s notification of settlement of the complaint by repairing the goods or rejecting the complaint. If the Buyer fails to collect the goods within the aforementioned deadline, the Buyer is obliged to pay to the Seller a storage fee in the amount of 0.1 % of the purchase price of the uncollected goods per day. The Seller shall advise the Buyer of the settlement of the complaint by telephone, text message or e-mail. 
The Buyer’s rights under defective performance are governed by these Terms and Conditions and by the provisions of the Civil Code and the complaint rules published at www.bazeny.cz in other matters.
In case of any consumer dispute between the Seller and the Buyer that cannot be resolved by mutual agreement, the consumer may file an application for out-of-court resolution of such a dispute with an entity authorised to deal with out-of-court resolution of consumer disputes. The Buyer and the Seller have agreed that the out-of-court institution to resolve any disputes will be solely the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz. The Buyer may also use the online dispute resolution platform available at https://adr.coi.cz/cs.
The complaint form can be downloaded HERE.

 

8. Personal Data Protection

Information on personal data protection for the purposes of conclusion and performance of a contract entered into via www.bazeny.cz is available HERE.
​The Buyer may advise the Seller that he wishes to unsubscribe from commercial messages at osobní-udaje@bazeny.cz, without incurring any costs thereby.
The Seller represents that it is registered with the Office for Personal Data Protection under No.: 00072047

 

9. Use of Imagery

The Buyer may use only such imagery owned by the Seller or used by the Seller that the Seller has expressly identified and given its written consent for its use. In the event of any doubts, it shall hold that the Buyer has not obtained consent for using such materials. The Seller shall not bear any responsibility for the use of any other materials. The head of the Seller’s business unit is the only person authorised for the Seller in this respect.

 

10. Final Provisions

The Seller is not bound to the Buyer by any codes of conduct in the sense of Section 1826 of the New Civil Code. The mutual relationships and any disputes arising from or in connection with the contract shall be resolved exclusively in accordance with the applicable legal regulations of the Czech Republic by the competent courts of Czech Republic. The Buyer acknowledges that the purchase of goods within the offer of the Seller shall not result in any rights of the Buyer to the use of the corporate or business names and logos, registered trademarks or patents of the Seller and other persons, unless specified otherwise.

11. Electronic Records of Cash Sales

Under the Act on Electronic Records of Cash Sales, the Seller is obliged to issue a receipt to the Buyer.
The Seller is also obliged to register the sales with the tax authority online or, in the event of a technical failure, within 48 hours.

 

Recycling fee

Act No. 185/2001 Coll., on waste, imposes the duty on manufacturers and importers and vendors of electrical and electronic equipment to provide for take-back, processing and environmentally sound disposal of electrical and electronic equipment, all for the purpose of preventing the production of waste electrical and electronic equipment and reducing waste generated from such equipment, by reusing and recycling used electrical and electronic equipment.
Consequently, all manufacturers, importers and vendors of electrical and electronic equipment must provide financial contributions to the collective scheme to fund the recycling of old products. They may indicate this financial contribution separately in all sales receipt for new goods. In that case, end vendors also have the duty to indicate this financial contribution separately in sales receipts so as to make clear that a part of the purchase price will be used to cover the costs of recycling electrical and electronic equipment.
Any and all prices for the goods at www.bazeny.cz include the recycling fees.

 

(Revision: 12 December 2018)

frame-scrollup