TERMS AND CONDITIONS
& COMPLAINTS PROCEDURE
for the sale of goods from the online store (hereinafter the "goods") located at: https://diacom.technology
- These terms and conditions (hereinafter "terms and conditions") of Khachatur Mkrtchyan-Diacom Technology, with the registered seat at Jedová 189, 277 11 Neratovice, Czech Republic, ID no.: 28765737 (hereinafter "seller") govern in accordance with the provisions of article 1751 para. 1 of Act No. 89 / 2012 Coll., the Civil Code (hereinafter "Civil Code") mutual rights and obligations of the parties arising from or on the basis of a sales contract (hereinafter "sale and purchase agreement") concluded between the Seller and another person (hereinafter "buyer") via the Seller's online store. The online store is maintained on a website located on the Internet at https://diacom.technology (hereinafter "website"), with the interface of the online store (hereinafter "online store interface").
- Provisions differing from the terms and conditions can be agreed on in the sale and purchase agreement. Such different agreements in the sale and purchase agreement shall take precedence over the provisions established in the terms and conditions.
- The agreement on the terms and conditions is an integral part of the sale and purchase agreement. The sale and purchase agreement and the terms and conditions are written in Czech, English, and Russian. The sale and purchase agreement can be concluded in other languages, but the overriding are the agreements concluded in Czech, Russian and English.
- This terms and conditions may be altered or amended by the seller. This provision does not affect the rights and obligations which may have arisen during the validity period of the previous version of the terms and conditions.
- Upon the buyer’s registration on the website, the buyer gets access to their user interface. From their user interface, the buyer can order the goods (hereinafter "user account"). If the interface of the online store allows it, the buyer can order goods without registration directly from the interface of the online store.
- When registering on the site and ordering goods, the buyer is obliged to provide correct and reliable information. The buyer is obliged to update the data provided in their user account in case of any change thereof. The seller assumes that the data provided by the buyer in their account and when ordering the goods are correct.
- Access to the user account is protected by a username and password. The buyer is obliged to maintain the confidentiality of the information necessary to access their account.
- The Buyer must not allow third parties to use their user account.
- The seller may delete the user account, especially if the buyer does not use their account for more than three (3) years, or if the buyer is in breach of his obligations under the sale and purchase agreement (including terms and conditions).
- The Buyer acknowledges that the user account cannot be permanently accessible, especially in view of the necessary maintenance of the seller's hardware and software or the necessary maintenance of the hardware and software of third parties.
CONCLUSION OF THE SALE AND PURCHASE AGREEMENT
Form of conclusion of the sale and purchase agreement
a) The sale and purchase agreement is concluded by purchasing goods using the website in the sense of this clause and clause 1.1 of these terms and conditions.
b) The offer of goods displayed on the website together with these terms and conditions, the complaint procedure and other information stated on the website is considered a draft sale and purchase agreement by the seller for the buyer.
c) Acceptance of this sale and purchase agreement, and thus the conclusion of the sale and purchase agreement between the buyer and seller, is effective when the buyer chooses one or more pieces of goods from the seller's offer by placing them in a virtual shopping cart, confirms his acquaintance and unconditional agreement with these conditions and the complaint procedure and fills in all the points of the order according to the instructions on the website and sends the seller his order.
- All goods displayed on the online store interface are indicative, and the seller is not obliged to conclude a sale and purchase agreement for all of such goods. The provisions of article 1732 paragraph 2 of the Civil Code shall not apply.
- The interface of the online store provides information about the goods, including prices for individual products. The prices of the goods are indicated according to the choice of currency in CZK, EUR or USD, excluding VAT and all associated costs and do not include the costs of packaging and delivery thereof. The prices for the goods remain in force as long as they are displayed in the interface of the online store. This provision does not restrict the seller's ability to enter into a sale and purchase agreement with individually agreed conditions.
To order a product, the buyer fills in an order form in the online store interface. The order form contains specific information about:
a) the ordered product (the buyer will "add" the ordered product to the shopping cart in the online store interface),
b) the method of payment of the purchase price of the goods, information about the desired way of delivery of the ordered goods (hereinafter "order").
- Before sending the order to the seller, the buyer has the right and the opportunity to check and change the information indicated by the buyer in the order, taking into account the buyer’s ability to detect and correct errors when entering the information in the order. The order will be sent by the buyer to the seller by clicking the "Send" button. The information specified in the order is assumed to be correct by the seller.
- Sending an order is considered to be an action by the buyer that accurately indicates the ordered product, the purchase price, the identity of the buyer, the method of payment of the purchase price and for the parties to the sale and purchase agreement, this action constitutes a definitive subject matter of the sale and purchase agreement. The condition for the validity of the order is filling in all the required information in the order form, familiarization with these terms and conditions on the website and the buyer’s confirmation of familiarization with these conditions.
- The seller immediately after the receipt of the order confirms its acceptance by email to the buyer’s email address specified in the user account or in the order (hereinafter "the buyer's email address").
- The seller always has the right, depending on the nature of the order (quantity of goods, purchase price, transport costs), to request additional confirmation of the order from the buyer (for example, in writing or by phone).
- The definitive form of the sale and purchase agreement in the form of an order is valid for five (5) days.
- The contractual relationship between the seller and the buyer is are established at the time of acceptance of the order (confirmation), which is sent by the seller to the buyer by email to the email address of the buyer.
- In the event that one of the conditions specified in the order cannot be met by the seller, the seller will send the buyer a modified offer to their email address indicating the possible options for the order and ask for the buyer’s decision.
- The modified offer is considered to be a new offer of the sale and purchase agreement which will be concluded by the buyer’s confirmation of their acceptance of this offer via email.
- The buyer agrees to the utilization of remote communication when concluding a sale and purchase agreement. The costs incurred by the buyer when using the remote communication in connection with the conclusion of the sale and purchase agreement (the cost of access to the Internet, telephone costs) are paid by the buyer independently.
PRICE OF GOODS AND TERMS OF PAYMENT
The buyer may pay the price of the goods and any costs associated with the supply of goods under the sale and purchase agreement to the seller as follows:
by bank transfer to the seller’s account at the Commercial Bank – Komerční banka a.s. (KB a.s.) (hereinafter “seller's account”) in CZK (Kč):
account number: 43-6248210287 / 0100
in euro (EUR):
account number: CZ0201000000436519630217,
bank code: SWIFT: KOMBCZPPXXX
in dollars (USD):
account number: CZ2901000000437609820297,
bank code: SWIFT: KOMBCZPPXXX;
- by cashless payment using a bank card.
- The purchase price is valid for five (5) days from the conclusion of the sale and purchase agreement.
- In case of cashless payment, the buyer is obliged to pay the purchase price of the goods and indicate the payment reference number. In the case of cashless payment, the buyer’s obligation to pay the corresponding sum is fulfilled at the time of receipt of funds by the seller on its account.
- The seller sends the goods to the buyer after the purchase price in accordance with the sale and purchase agreement has been paid.
- Any discounts on goods provided by the seller to the buyer cannot be combined.
- If it is generally accepted when concluding the transaction or is established by general binding provisions of law, the seller will issue a tax invoice to the buyer in respect of the payments made in accordance with the sale and purchase agreement. The tax document invoice will be provided by the seller to the buyer upon the payment of the purchase price of the goods is made and will be sent electronically to the buyer’s email address.
RIGHTS AND OBLIGATIONS OF THE PARTIES
The seller is obliged to
a) deliver, on the basis of the sale and purchase agreement, the goods to the buyer in the agreed quantity, quality and time and pack them for transportation in the manner necessary to protect them during transportation;
b) guarantee that the goods supplied comply with the applicable legislation in force;
c) hand over to the buyer with the goods the documents needed to take over the goods and the invoice, which confirms the purchase of the goods, is a tax document and serves as a guarantee certificate.
- The seller has the right to proper and timely payment of the purchase price from the buyer for the delivered goods.
The buyer is obliged
a) take over the purchased or ordered goods;
b) pay the seller the agreed purchase price within the agreed due date, including the cost of delivery of goods;
c) acknowledge receipt of the goods by his signature or by a signature of a person authorized by him;
d) follow the instructions for use of the purchased goods, as soon as the buyer violates the instructions for use and maintenance of the purchased goods (e.g. improper handling, use and maintenance contrary to technical requirements), any subsequent claim may be rejected by the seller for these reasons.
The Buyer has the right to
a) the supply of goods in the quantity, quality, at time and place agreed by the parties in the sale and purchase agreement;
b) the protection of their data, not only personal, but primarily for the maximum security and protection of data that they provide to the seller for the purpose of paying the purchase price by means of a payment card.
Other rights and obligations of the parties
a) the buyer acquires ownership of the goods upon full payment therefor;
b) the seller is not bound in relation to the buyer by any codes of conduct, for example, article 1826 paragraph 1 subparagraph e) of the Civil Code;
c) the out-of-court regulator of consumer disputes arising from sales contracts is the Czech Trade Inspectorate, with its seat of business at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: http://www.coi.cz;
d) the seller has the right to sell the goods on the basis of a trade license. Trade management is carried out within their respective licensing authority. Privacy control is carried out by the Office for the Protection of Personal Data. The Czech Trade Inspectorate carries out, to a limited extent, supervision over the observance of the Act No. 634/1992 Coll., on Consumer Protection, as amended.
WITHDRAWAL FROM THE SALE AND PURCHASE AGREEMENT
The buyer acknowledges that, in accordance with article 1837 of the Civil Code, it is impossible to withdraw from the agreement for:
a) supply of goods, the price of which depends on fluctuations of the financial market which are beyond its control and which may occur during the period for withdrawal from the sale and purchase agreement;
b) supply of goods that have been customized at the request of the buyer or for them;
c) supply of the sealed goods in an unopened packaging that the buyer has unpacked and which are not suitable for return due to hygiene reasons;
d) for the supply of audio or video recordings or computer software the original seal of which has been unsealed after supply.
- If it is not the case specified in the provision of the clause 6.1 of these terms and conditions, or any other case when it is impossible to withdraw from the sale and purchase agreement, the buyer, in accordance with article 1829 paragraph 1 of the Civil Code, has the right to withdraw from the sale and purchase agreement, within fourteen (14) days from the date of receipt of the goods, if there are several types of goods in the sale and purchase agreement or several parts were to be delivered, such period begins from the date of receipt of the last part of the delivery. Withdrawal from the sale and purchase agreement must be sent to the seller within the period specified in the previous sentence.
- Withdrawal from the sale and purchase agreement can be sent by the buyer to the address of the production premises or the seller’s office. The provisions of the clause 11 of these terms and conditions apply to delivery of withdrawal from the sale and purchase agreement. The seller will confirm to the buyer in writing that the withdrawal has been received without undue delay.
- In case of withdrawal from the sale and purchase agreement in accordance with the provision of the clause 6.2 of the terms and conditions, the sale and purchase agreement is cancelled. The goods must be returned to the seller by the buyer within fourteen (14) days of receipt of the withdrawal from the sale and purchase agreement by the seller. If the buyer withdraws from the sale and purchase agreement, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned inherently by normal postal route.
- In case of withdrawal from the sale and purchase agreement, the buyer is obliged to return the goods intact, including all delivered accessories, documentation, undamaged, including original packaging, in the condition in which the goods were handed over to the buyer after delivery.
- In case of withdrawal from the sale and purchase agreement in accordance with clause 6.2 of the trading conditions, the seller will return the funds received from the buyer within fourteen (14) days from the date of withdrawal from the sale and purchase agreement by the buyer in the same way as the seller has received them from the buyer. The seller also has the right to return the money to the buyer in another way upon the buyer returns the goods, if the buyer agrees and there are no additional costs. If the buyer withdraws from the sale and purchase agreement, the seller is not obliged to return the money to the buyer before the buyer returns the goods to the seller.
- The seller has the right to unilaterally set off any claims for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price.
- Until the transfer of the goods to the buyer, the seller has the right to withdraw from the sale and purchase agreement at any time. In this case, the seller will refund the purchase price to the buyer without undue delay, namely by wire transfer to the account chosen by the buyer.
- If a gift was provided to the buyer along with the goods, the gift agreement between the seller and the buyer is concluded on the condition that upon withdrawal from the sale and purchase agreement, the gift agreement becomes invalid and the buyer is obliged to return the gift to the seller along with the returned goods.
TRANSPORTATION AND DELIVERY OF GOODS
- In the event that the means of transport is negotiated on the basis of a special request from the buyer, the buyer bears the risk and any additional costs associated with such means of transport.
- If the seller under the sale and purchase agreement is to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.
- If the reasons why the seller has to deliver the goods repeatedly or in any other way than indicated in the order, the buyer is obliged to pay the costs associated with the re-delivery of the goods, or costs associated with another method of delivery.
- Upon receipt of the ordered goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, notify the carrier. In the event that packaging damages are found which indicate unlawful entry into the parcel, the buyer is not obliged to accept the parcel from the carrier.
DEFECT LIABILITY, WARRANTY
- The rights and obligations of the parties to the sale and purchase agreement as regards the rights arising from improper performance of duties, are governed by general binding legal provisions (in particular, articles 1914-1925, 2099-2117 and 2161-2174 of the Civil Code).
The seller is responsible to the buyer that the goods provided to the buyer are free of defects. In particular, the seller is responsible to the buyer at the moment when the buyer has accepted the goods that:
a) the goods delivered are of a quality that has been agreed by the parties, and if there is no agreement, it has properties that the seller or manufacturer has described or that the buyer expected based on the nature of the product or the advertising provided;
b) the goods are suitable for the purposes which the seller has described for their utilization or which the goods of this type are usually used for;
c) the goods conform to the quality or to an agreed sample or template if the quality has been determined on the basis of a contractual sample or template,
d) the goods are in the appropriate quantity,
e) the goods comply with the requirements of legal regulations.
- The provisions referred to in the clause 8.2 of the terms and conditions do not apply to the goods sold at a lower price due to a defect due to which a new purchase price thereof was established, to goods worn out due to a standard utilization, for used goods the defects of which correspond to the duration of the use thereof and were already present when the goods were transferred to the buyer, or proceed from the nature of the goods.
- In the event that a defect appears within six (6) months after the transfer of the goods, it is considered that the goods were defective already upon transfer to the buyer.
- Rights related to improper performance can be presented by the buyer at the address of the seller’s premises, where it is possible to accept a complaint, taking into account the range of goods sold, or at the office or in the place where the seller conducts its business. The moment when the complaint is filed is the moment when the seller receives the goods subject to the complaint from the buyer.
- Other rights and obligations of the parties related to the seller's liability for defects in the goods are regulated by the seller's complaint procedure.
PERSONAL DATA PROTECTION
- The protection of the personal data of the buyer who is an individual is provided by the Act No. 110/2019 Coll., on the Processing of Personal Data, as amended (hereinafter the "PPD").
- The buyer agrees to the use of the following personal data: name and surname, address, identification number, tax identification number, email address, telephone number (hereinafter the "personal data").
- The buyer agrees to the use of personal data by the seller in order to exercise the rights and obligations arising from the sale and purchase agreement and to maintain the user account. If the buyer does not choose another option, he also agrees to the use of personal data by the seller in order to send information and commercial messages to the buyer. Consent to the use of personal data in full, according to the terms and conditions, is not a condition that may interfere with the conclusion of a sale and purchase agreement.
- The buyer takes into account that he is obliged to correctly and accurately indicate his personal data (when registering, in the user account, when ordering on the store’s website) and without undue delay inform the seller about any change thereof.
- The seller has the right to provide the processing of the buyer’s personal data to third parties only if it is absolutely necessary for the purpose of fulfilling the seller’s obligations arising from the sale and purchase agreement. Mainly, but not exclusively, these are the administrator of personal data, persons providing delivery of goods, persons belonging to the same business group with the seller, tax administrator and others.
- The seller may process personal data based on consent for five (5) years, unless otherwise specified in his consent therewith. If the buyer withdraws his consent, processing time may be reduced. The seller processes other personal data during the term of the sale and purchase agreement and the granting of the license, that is, for the duration of the user’s account. The seller retains the email address for the time required to send notices, as well as in the framework of a legitimate interest.
- The seller can store the selected personal data for a maximum of fifteen (15) years after the termination of the sale and purchase agreement. In addition, the seller can store documents containing personal data for archiving purposes, in particular, the seller can store tax documents containing personal data for 10 years from the end of the relevant tax period. After this period, the seller will destroy the personal data, unless it is entitled to process this data on the basis of a different legal title.
- Personal data will be processed electronically in an automated way or in print in a non-automated way.
- The buyer confirms that the personal data provided are accurate and that he is familiar with the fact that this is the voluntary provision of personal data.
If the buyer considers that the seller or processor (section 9.5) are processing his personal data in a manner inconsistent with the protection of the buyer’s personal and private life or in a conflict with the law, especially if the processing of the data does not correspond to the purpose of their processing, the buyer can:
a) request an explanation from the seller or processor,
b) request that the seller or processor get rid of such a processing of personal data.
c) If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with such information. The seller has the right to request an appropriate payment, not exceeding the costs necessary to provide such information.
SENDING INFORMATION SHEETS ON GOODS AND SAVING COOKIES
- The buyer agrees with the sending of information regarding the goods, services or the seller’s business to the buyer's email address and also agrees with the seller sending information bulletins to the buyer’s email address.
- The buyer agrees to the storage of cookies on his computer. In the event that it is possible to make a purchase on the website and comply with the seller’s obligations arising from the sale and purchase agreement without storing cookies on the buyer's computer, the buyer can revoke his consent.
- Notice concerning the relationship between the seller and the buyer, in particular regarding the cancellation of the sales and purchase agreement, must be sent by a registered mail or by email, unless otherwise specified in the sales and purchase agreement. The notice is delivered to the appropriate address of the party to the sale and purchase agreement and is considered delivered and valid at the time of its delivery by mail, with the exception of a notice of withdrawal from the agreement by the buyer, in which case the withdrawal is considered valid if the notice was sent by the buyer within the period of possible withdrawal from the sale and purchase agreement.
- A notice, which the addressee refused to receive, or which was not taken during the storage period, or which was returned as not delivered, is also considered delivered.
- The parties to the sale and purchase agreement can communicate with each other via email, namely using the email address specified in the user’s account or specified by the buyer in the order, as well as using the email address indicated on the seller’s website.
- In the event that an international element is present in the relationship arising from the sale and purchase agreement, the parties agree that the relationship is governed by the Czech law. This does not affect the consumer’s rights based on generally accepted legal rules.
- In the event that any provision of the terms and conditions is invalid or inaccurate, or becomes such, instead of such invalid or inaccurate provisions shall be indicated provisions the meaning of which corresponds as much as possible to the previous ones. The invalidity of one provision does not affect the validity of other provisions. Amendments and additions to the sales and purchase agreement or the must be made in writing.
- The sales and purchase agreement including the terms and conditions is maintained by the seller electronically.
- The annex to the terms and conditions is a sample form for withdrawing from the sale and purchase agreement.
Contact details of the seller:
a) mail delivery address Jedová 189, 277 11 Neratovice,
b) email address firstname.lastname@example.org.
- The period for making a complaint begins on the day of receipt of the goods by the buyer; the date is stated in the tax document or on the warranty card.
- The warranty period for new goods is twenty-four (24) months.
- The buyer is obliged to claim the goods without undue delay after finding out that there is a defect in the goods. The seller is not responsible for increasing the extent of damage if the buyer uses the goods, although he knows about the defect.
- If the buyer complains about the goods legitimately, the period for complaints does not run for the period during which the goods are under repair and the buyer cannot use them.
- The Seller is obliged to decide on the complaint immediately, in more complex cases within fourteen (14) days. The time required for a professional assessment of the defect is not included in this period. The seller is obliged to issue a written confirmation to the buyer, which will state the date and place of the complaint, the characteristics of the alleged defect, the required method of handling the complaint and the manner in which the buyer will be informed of the complaint’s settlement.
- Complaints, including the elimination of defects, must be settled without undue delay, no later than thirty (30) days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period without complaints being resolved is considered a material breach of sale and purchase agreement. The seller is obliged to confirm in writing to the buyer the method of handling the complaint and its duration. The buyer is not entitled to change the once chosen method of handling the complaint without the consent of the seller, except in situations where the chosen method of solution cannot be implemented at all or in time.
- If the complaint is recognized as justified, the consumer buyer has the right to reimbursement of purposefully incurred costs associated with the complaint.
- In the event that the complaint is resolved by exchanging the goods, the new period for the exercise of rights arising from defective performance does not run, but the period of the claimed goods continues.