1. Introductory provisions
1.1. The operator of the online store at wabco-dily.cz is the company IMPS a.s., with its registered office at Zaoralova 3090 / 17d, Líšeň 628 00 Brno, IČO: 46345931, sp. No. B 710 kept at the Regional Court in Brno (hereinafter referred to as the “seller”). This company is hereinafter referred to as the “seller” in these general terms and conditions.
1.2. These GTC are business conditions in the sense of the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter the “Civil Code”), and as such are an integral part of the purchase agreement (hereinafter the “Purchase Agreement”) concluded between the seller and the buyer and regulate the mutual rights of the seller and the buyer. The Purchase Agreement will be concluded through the seller’s online store (hereinafter referred to as the “online store”) on the website at the internet address wabco-dily.cz (hereinafter referred to as the “website”), via the website interface (hereinafter referred to as the “online store web interface”). “).
1.3. These terms and conditions apply only to cases where the buyer is an entrepreneur who concludes a purchase agreement in its business activities. The seller does not enter into any contracts with consumers through the above-mentioned online store.
2. User account
2.1. The buyer is obliged to set up a user account, and after setting up a user account he will be entitled to access his user interface, through which the goods offered in the online store can be ordered. The buyer is obliged to fill in all the data required to set up a user account truthfully and completely, and in the event of any change in the data, the buyer is obliged to update them immediately, no later than within 24 hours. The user account will be accessible to the buyer after entering the correct username and password.
2.2. The user account will be established for the buyer on the basis of his registration after the seller agrees to its establishment. There is no legal right to set up a buyer user account.
2.3. Any purchase agreement concluded between the seller and the buyer on the basis of an order made through the buyer’s user account is a contract concluded between the seller and the buyer. The Buyer is obliged to secure the access data to his user account so that they cannot be misused, and no such misuse constitutes invalidity of the purchase contract concluded through an order sent from the Buyer’s user account, nor the Buyer’s right to withdraw from such contract or fulfill its obligations under this contract. .
2.4. Seller is not obligated to ensure that Buyer’s user account is operational at all times, and temporary justified Buyer’s user account malfunction (for example, due to malfunction or maintenance of Seller’s or third party software and hardware) does not constitute a breach of any purchase agreement or other obligations by Seller.
2.5. Any order of the buyer through the online store is subject to acceptance by the seller, and without this acceptance the purchase contract will not be concluded; the provisions of § 1732 para. 2 of the Civil Code shall not apply. The buyer’s order will be accepted by the seller by sending a confirmation e-mail to the buyer to the e-mail address of the buyer specified in the order, and the purchase contract is concluded by the acceptance of the buyer’s order by the seller. In the event that the seller does not accept the buyer’s order, he will send the buyer a notice to the e-mail address specified in the order that the order has not been accepted. The Buyer acknowledges that the Purchase Agreement will be concluded using means of distance communication and expressly agrees to this method of concluding the Purchase Agreement, while bearing its own costs associated with this method of concluding the contract (especially the costs of internet connection).
2.6. The seller may cancel the buyer’s user account, especially in the event that the buyer violates its obligations under the purchase agreement or if the buyer allows the use of his user account by a third party.
3. Concluding purchase contracts, purchase price
3.1. The seller is obliged to provide information on the specification of the goods and the purchase price on the web interface of the online store, broken down into the purchase price without VAT, VAT and the purchase price incl. VAT; the seller is a VAT payer. The cost of transporting the goods is not part of the purchase price and will be specified separately when making the order.
3.2. The purchase price of each item is valid for orders placed by the buyer at the time when the purchase price for the item was listed on the web interface of the online store.
3.3. The buyer orders the goods by filling in the order form on the web interface of the online store, which contains in particular the following information:
Specification of the ordered goods (by adding the goods to the shopping cart of the web interface of the online store)
Purchase price payment specifications
Specification of delivery of goods to the buyer
3.4. By sending the order form according to point 3.3. of this Article 3. the buyer’s order is completed. Before completing the order, the buyer will have the opportunity to perform a complete check of the order details and their change.
3.5. The purchase price, freight costs and any other possible payments related to the purchase contract may be paid by the buyer as follows:
payment by credit or debit card
payment transfer
payment in cash upon receipt of goods,
invoice payment.
The seller has the right to allow individual buyers only some of the above methods of payment, in particular he is entitled not to allow payment on invoice and cash on delivery to buyers who do not have sufficient purchase history with the seller or who have in the past delayed in fulfilling their obligations to the seller, or in other justified cases.
3.6. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods by the buyer. In the case of payment of the purchase price on the invoice, the due date of the invoiced amount will be 14 days from the date of issue of the invoice.
4. Transport and delivery of goods, ownership and risk of damage to goods
4.1. The buyer is obliged to confirm the receipt of the goods in writing, at the time of receipt of the goods, either directly to the seller or carrier.
4.2. If the buyer is in delay with taking over the goods, he is obliged to reimburse the seller for all costs incurred as a result of such delay.
4.3. The buyer is obliged to check the integrity of the packaging of the goods upon receipt of the goods, and if the packaging is broken, immediately mark such a violation on the receipt of the goods; otherwise the buyer cannot claim any rights from the violation of the packaging of the goods.
4.4. The buyer becomes the owner of the goods at the time of payment of the full purchase price of the goods, including shipping costs.
4.5. The risk of damage to the goods passes to the buyer at the time of delivery of the goods to the buyer.
5. Defects of performance
5.1. In case of defective performance, the buyer has the following rights:
If it is possible to repair the defective goods, the buyer has the right to repair the defective goods
If the repair of defective goods is not possible, the buyer has the right to deliver a replacement perfect goods
In the event of any claim for defective performance, the buyer is obliged to make a claim in writing, state what defect of the goods is claimed (either a description of the defect or a description of its manifestations) and at the same time send the claim to the seller. If he fails to do so, he does not have any of the rights from the defective performance. All defects, both obvious and hidden, can be claimed by the buyer no later than 24 months from the date of delivery of the goods, and if he does not do so, none of the rights arising from the defective performance belongs to him.
5.2. Buyer’s rights from defective performance according to paragraph 5.1. of this Article 5. applies both to cases where the defective performance will be a material breach of the purchase contract and to cases where the breach will be insignificant.
5.3. In other cases, the rights and obligations of the parties to defective performance are governed by the provisions of the Civil Code.
6. Protection of personal data and storage of cookies
6.1. The processing of personal data of the buyer, who is a natural person or contact persons of the buyer, is governed by Regulation No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (“GDPR”).
6.2. The buyer provides for processing his personal data in the range of name and surname, address or registered office or delivery address, e-mail address, telephone number, for the purposes of exercising rights and fulfilling obligations under the purchase agreement, including maintaining a user account. Information on the processing of personal data is given in the appendix to these GTC.
6.3. When creating a user account, the buyer separately consents to the processing of personal data to the extent specified solely for the purpose of creating and maintaining a user account enabling the use of the seller’s online store. This consent can be revoked by a request to cancel the user account sent to the address info@imps.cz, on the basis of which the user account will be canceled.
6.4. The seller may send news to the buyer with news and business offers related to previously concluded deals, but the buyer may at any time opt out of receiving such messages, via a link located in the message, or by e-mail with a statement of rejection sent to info @ imps. cz. The seller fulfills its information obligation towards the buyer in the sense of Article 13 of the GDPR Regulation related to the processing of the buyer’s personal data for the purpose of sending commercial communications through an annex to these GTC.
6.5. The seller may authorize a third party to process the buyer’s personal data as a processor.
6.6. The Buyer declares that he has been informed that any consent granted to the processing of personal data may be revoked in relation to the Seller by written notice delivered to the Seller’s address IMPS as, Zaoralova 3090 / 17d, Líšeň, 628 00 Brno, or by e-mail to info @ imps.cz.
6.7. The seller processes cookies necessary for the operation of the website and for analytical purposes on the website of the wabco-dily.cz online store. In the case of the visitor’s consent granted through a separate bar containing the relevant legal information also for marketing. Consent to the collection of cookie data for marketing purposes can be withdrawn at any time by changing the settings of the relevant Internet browser.
7. Final provisions
7.1. All purchase contracts are governed by the law of the Czech Republic.
7.2. These GTC are valid and effective from 1.12.2020
7.3. These GTC are effective for all purchase contracts concluded on the basis of the buyer’s orders received by the seller at the time of effectiveness of these GTC. The Seller is entitled to unilaterally change these GTC, but this change is valid only for purchase contracts concluded on the basis of the Buyer’s orders received by the Seller after the effectiveness of the new GTC.
7.4. Any individual arrangements between the seller and the buyer take precedence over the wording of these GTC.