Terms and Conditions
of CRAWLER CZ s.r.o.
registered office at B. Němcové 176, 538 51 Chrast
Company Registration No. 06181490 Tax Registration No. CZ06181490
for the sale of goods via on-line shop located at www.crawler-shop.eu
1. INTRODUCTORY PROVISIONS
1.1. The General Business Terms and Conditions (“GBTC”) of Crawler CZ s.r.o., registered office at B. Němcové 176, 538 51 Chrast, Company Registration No. 06181490 (hereinafter the Seller) apply to contractual relations established in the Internet shop located at www.crawler-shop.eu.
1.2. The Seller´s mailing address is B. Němcové 176, Post Code 538 51 Chrast. The Seller´s electronic address is email@example.com.
The Seller´s telephone address is +420 732 404 805.
The Buyer is a consumer (a consumer within the meaning of the Civil Code is every human who enters into a contract with an entrepreneur or deals with them in any other way outside the scope of his/her business activities or outside the scope of an individual performance of his/her occupation) or any other person (hereinafter the Buyer).
1.3. The rights and duties of the Seller and the Buyer are governed by these GBTC (applicable as at the date of sending an order by the Buyer) and the Czech legal order. Legal relations not explicitly governed by these GBTC are governed by applicable provisions of Act No. 89/2012 Sb., the Civil Code, as amended (hereinafter the CC), and other related regulations.
2. FORMATION OF A CONTRACT
2.1. Goods will be delivered only on the basis of an order placed by the Buyer via an order form based on the valid offer published by the Seller on the Seller´s internet site located at crawler-shop.eu. Within the meaning of the provisions of Section 1740(3) of the CC, an order with an addition or deviation from the Seller´s offer is excluded.
2.2. Each order must contain at least the following essential data:
a) identification data of the Buyer – his/her name, surname, residence, e-mail address, telephone number;
b) identification of the goods based on the Seller´s offer;
c) requested quantity of goods;
e) place of delivery; if no place of delivery is stated, the place of delivery will be the Buyer´s residence address;
f) selection of the method of delivery, including the approval of the delivery costs.
If an order does not contain the requested data, it will not be deemed a proper order and cannot be confirmed in the form it has been sent by the Buyer. In that case, the Seller will contact the Buyer by phone or e-mail without undue delay in order to remove the defects of the order.
2.3. An order is delivered to the Seller via electronic communication. By placing the order, the Buyer confirms that he/she has got acquainted with the GBTC and agrees to them. The Buyer is entitled to withdraw (cancel) the order within 24 hours after it has been sent, by e-mail message sent to firstname.lastname@example.org, however, only if the notice of withdrawal is delivered to the Seller before the Seller sends the confirmation of the order to the Buyer.
2.4. Following the delivery of the order, the Seller will confirm its receipt to the Buyer immediately (usually within 24 hours after its receipt). The confirmation of the receipt of the order contains usually the confirmation of the acceptance of the order. The Seller is entitled to confirm the acceptance of the order separately too.
2.5. Upon delivery of the order to the Seller, the Parties enter into a sales contract (hereinafter the Contract). At the same time, it applies that the valid offer of goods published at crawler-shop.eu is made with the reservation of depletion of stock or loss of the Seller´s ability to perform.
2.6. The Seller is entitled not to confirm an order or its part, and to withdraw from the Contract or any part thereof in the following cases:
a) the goods have not been manufactured anymore;
b) the goods have not been supplied anymore;
c) the goods have been sold out;
d) the price applied by the supplier of the goods has changed considerably;
e) there is another relevant reason for which the Seller cannot be fairly asked to confirm the order and perform the Contract. If such a situation occurs, the Seller will contact the Buyer without undue delay in order to agree upon further steps. If the Buyer has paid the purchase price or its part and the order has not been confirmed by the Seller, the amount will be refunded within 30 days after the notification of the inability to confirm the order.
2.7. The Buyer agrees to the use of remote communication means in entering into the Contract. The costs incurred by the Buyer in using the remote communication means in connection with the conclusion of the Contract (such as the costs of Internet connection, costs of phone calls) will be borne by the Buyer.
2.8. The title to the goods will pass onto the Buyer at the moment of delivery thereof to the Buyer.
3. DELIVERY OF GOODS
3.1. The goods will be delivered to the place of delivery determined by the Buyer in an order. The Buyer may select a place of delivery of the goods other than his/her residence address. In that case, the Buyer will state the place of delivery in the order form, including a contact person authorised to take over the goods in that place. The place will be then deemed the place of the payment of the purchase price, unless it is paid in any other way.
3.2. The Seller will confirm the place of delivery in the order confirmation.
3.3. The usual period of time for sending the goods in stock is 24 hours after the receipt of the order and/or after the receipt of the payment if noncash payment has been selected. Regarding the character of the manufacture, i.e. manufacture to order, the ordered goods will be tailored on the basis of a prior order and on the basis of the Buyer´s requirements. In that case, the term of delivery varies according to our current workload and is always stated for each product. The specified term of delivery starts to expire on the date of the receipt of the payment if noncash payment has been selected; in other cases, it will start to expire on the date of the receipt of an order. If your order contains products with different terms of delivery, the order will be handled on the basis of the longest term of delivery. If an order is executed during a marketing campaign or in other situations, the shipping term may be extended. Specific information about the date of manufacture of your order will be sent to you in a separate e-mail message within 48 hours after the receipt of the order and/or after the receipt of the payment if noncash payment has been selected. For other information about the status of your order, call 00420 732 404 805 or send an e-mail to email@example.com. After the lapse of the aforesaid period of time, the Seller and the Buyer may agree on another term of delivery and/or on the cancellation of the Contract. The Seller and the Buyer are obliged to deliver what has been performed already.
3.4. The goods will be delivered via a contractual carrier/haulier stated in the Shipping and payment section.
The Buyer will be informed about the handover of the consignment by e-mail both by the Seller and by the carrier.
All costs of transport and methods of payment will be stated incl. VAT.
3.5. If the Buyer is not reached in the place of delivery, the carrier will leave a notice and try to deliver the goods the following working day and/or to agree (by phone or in any other suitable way) with the Buyer on another term of delivery. If the goods are delivered by a postal service licence holder and the Buyer is not reached in the place of delivery, the rules for delivery determined by the postal service licence holder are followed. Any additional costs connected with repeated attempts for delivery of the goods must be paid by the Buyer to the Seller upon request of the latter.
3.6. The goods are delivered in ordinary packages from the manufacturer. Along with the ordered goods, instructions for the maintenance of the product are supplied too. A proof of purchase of the goods is sent to the Buyer electronically to the Buyer´s e-mail address stated in the order form. The Buyer and/or another person authorised by the Buyer to take over the goods must sign the relevant document to confirm the proper takeover of the ordered goods.
3.7. The risk of damage to goods will pass onto the Buyer upon handover of the goods to a third person (postal service licence holder/carrier) for transport).
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods refers to the cost stated in the Seller´s current offer published at crawler-shop.eu, which is applicable as at the date of sending the order by the Buyer. The price becomes binding upon conclusion of the Contract.
4.2. The purchase price may be paid in the following ways:
a) by noncash transfer to the Seller´s account opened with Fio banka, a.s. account number 2201465962/2010, at the time of sending the order;
b) by a payment card to the account opened with FIO banka, a.s. If the payment is made with a payment card, the Buyer, by sending the order, gives his/her consent to the processing of his/her contact details (e-mail address, telephone number) by the payment processor for the purposes of sending the payment information. The payment processor is the Borgun company, Armula 30, 108 Reykjavik, Iceland;
c) in cash at the time of the receipt of the goods from the contractual carrier.
4.3. Payments of the purchase price made by noncash transfer will be deemed to have been made at the moment of crediting the Seller´s account. Payments in cash as agreed by the Seller and the Buyer will be deemed to have been made at the moment of making the payment to a person authorised by the Seller or a postal service licence order or a contractual carrier staff member.
4.4. If the goods are purchased in a clearance sale or has been discounted, no discount voucher may be applied; the discounts are not cumulative.
4.5. Not more than one discount voucher/code may be applied in one purchase.
5. WITHDRAWAL FROM THE CONTRACT
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, he/she may not withdraw from a contract for delivery of the goods which have been modified upon request of the buyer or for him/her, from a contract for delivery of the goods in a sealed package, if the consumer has removed the goods from the package, and the goods cannot be returned for hygienic reasons.
5.2. Save for cases specified in Art. 5.1. or any other cases when the Buyer may not withdraw from the contract, the Buyer is entitled, pursuant to the provisions of Section 1829(1) of the Civil Code, to withdraw from the contract within fourteen (14) days after the takeover of the goods; if the contract covers several types of goods or delivery of several parts, this time-limit runs as of the date of the receipt of the last delivery of the goods. The notice of withdrawal from the contract must be sent to the Seller within the time-limit specified in the foregoing sentence. For withdrawal from the contract, please use the sample form provided by the Seller that can be found here: Return form
The Buyer may send a notice of withdrawal from the contract also to the address of the Seller´s business premises or to its e-mail address.
5.3. In case of withdrawal from the contract pursuant to Art. 5.2. of the GBTC, the contract will be annulled. The goods must be returned to the Seller within fourteen (14) days after the notice of withdrawal from the contract has been sent to the Seller. If the Buyer withdraws from the contract, the costs connected with the returning of the goods to the Seller will be borne by the Buyer, even in the case that the goods by its nature cannot be returned by usual postal services.
5.4. In case of withdrawal from the contract pursuant to Art. 5.2. of the GBTC, the Seller will refund the funds received from the Buyer within fourteen (14) days after the withdrawal from the contract by the Buyer, in the same manner as the Seller had received the funds from the Buyer. The Seller is also entitled to refund the payment provided by the Buyer at the time of the return of the goods by the Buyer or in any other way, subject to the Buyer´s consent and provided that the Buyer does not incur any other costs thereby. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds to the Buyer before the Buyer returns the goods.
5.5. The Seller is entitled to set off the claim for compensation for damage caused to the goods against the Buyer´s claim for refund of the purchase price.
5.6. Until the takeover of the goods by the Buyer, the Seller is entitled to withdraw from the contract at any time. In that case, the Seller will refund the purchase price to the Buyer without undue delay by noncash transfer to the account determined by the Buyer.
5.7. If the Buyer receives a gift along with the goods, the deed of gift between the Seller and the Buyer is made subject to a resolutive condition stating that if the Buyer withdraws from the contract, the deed of gift regarding the gift will cease to be effective, the Buyer being obliged to return the gift along with the goods.
5.8. If the customer fails to take over the ordered goods for no reason, the customer is obliged to pay all the costs connected with the preparation and sending of the order to the Seller´s account within 30 days.
6. RIGHTS RESULTING FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the Contracting Parties regarding the rights resulting from defective performance are governed by the applicable generally binding legal regulations (especially the provisions of Sections 1914–1925, Sections 2099–2117 and Sections 2161–2174 of the Civil Code).
6.2. The Buyer is obliged to check the delivered goods thoroughly at the time of the takeover, and to inform the Seller without undue delay about any defects found. Any later complaints about the type, quantity or damage of the goods during transport do not have to be taken into account. Takeover of the goods refers to takeover of the goods from the Seller, a postal service licence holder or contractual carrier. The Buyer confirms the takeover of the goods by signing a delivery (shipment) note or any other relevant document. At the same time, by attaching his/her signature, he/she confirms the goods have been delivered properly. If the goods show any noticeable defects at the time of takeover, or if the type or quantity of the goods is not correct, these facts must be stated in the delivery (shipment) note or any other relevant document. If the goods are damaged, the Buyer may refuse to accept the goods.
6.3. The Seller guarantees that the goods have no defects at the time of takeover. In particular, the Seller guarantees that at the time the Buyer takes over the goods:
6.3.1. the goods have qualities agreed by the Parties; if no such agreement has been made, the goods have qualities described by the Seller or manufacturer or expected by the Buyer with regard to the character of the goods and based on the promotion made by them,
6.3.2. the goods are fit for the purpose stated by the Seller or which the goods of this type are usually used for,
6.3.3. the quality or design of the goods correspond to the agreed sample or model, if the quality or design have been determined on the basis of the agreed sample or model,
6.3.4. the goods have been supplied in the corresponding amount, size or weight, and
6.3.5. the goods comply with requirements of legal regulations.
6.4. The provisions laid down in Art. 6.3. of the GBTC will not apply to a defect, for which a discounted price has been agreed in case of goods sold at a discounted price, to wear and tear caused by the ordinary use of the goods, to a defect in the used goods corresponding to the rate of use or wear of the goods at the time of their acceptance by the Buyer, or if it results from the character of the goods.
6.5. If a defect shows during six months following the takeover of the goods, the goods are deemed to have been defective at the time of the takeover.
6.6.1. The Buyer is entitled to assert the right resulting from a defect that occurs in consumer goods within twenty-four months after the takeover of the goods, if the sold goods, their package, instructions attached to the goods or the promotional material in accordance with other legal regulations contain the period of time, for which the goods may be used, the provisions concerning the quality guarantee will be applied – see Art. 6.7. below).
6.6.2. Upon the Buyer´s request, the Seller will confirm in writing the extent and the duration of the effect of its duties resulting from defective performance. The Seller has duties resulting from defective performance at least to the same extent as the manufacturer´s duties resulting from defective performance. In the confirmation, it will state its name, registered office and identifier and/or other details required for establishing its identity. Unless the character of the goods prevents so, such confirmation can be replaced by a proof of purchase of the goods containing the aforesaid details.
6.6.3. If the goods do not have properties specified in Art. 6.3.1., the Buyer may request delivery of new goods without any defects, if it is not inadequate regarding the character of the defect, but if the defect relates only to a part of the goods, the Buyer may request only replacement of the part; if it is not possible, the Buyer may withdraw from the contract. However, if it is unreasonable regarding the character of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect.
6.6.4. The Buyer has the right to delivery of new goods or replacement of a part also in the case of a removable defect, if he/she cannot use the goods properly due to repeated occurrence of the defect after repair or due to multiple defects. In that case, the Buyer is entitled to withdraw from the contract.
6.6.5. If the Buyer does not withdraw from the contract or if he/she does not assert the right to delivery of new goods free from defects, to replacement of their part or to repair of the goods, he/she may request a reasonable discount. The Buyer has the right to a reasonable discount also in the case that the Seller cannot deliver new goods free from defects, replace their part or repair the goods, as well as in the case that the Seller fails to remedy the situation within a reasonable period of time or if the remedy would cause significant inconvenience to the consumer.
6.6.6. The Buyer has no right resulting from defective performance, if the Buyer knew before the takeover of the goods that the goods were defective or if the Buyer has caused the defect. The cases when the Buyer has caused a defect include, among others, cased when the defect has been caused as a result of:
a) the use of the goods contrary to the instructions for use,
b) the maintenance of the goods contrary to the instructions for maintenance, or
c) mechanic damage of the goods (e.g. tearing, cutting, staining, etc.).
6.6.7. If the goods show a defect, which creates the Seller´s obligation, and if the goods are sold at a discounted price, the Buyer has the right to a reasonable discount instead of the right to replacement of the goods.
6.6.8. If the Buyer asserts the right from defective performance, the Seller will confirm the date of asserting the right as well as the mode of repair and its duration within five (5) days after the receipt of the warranty claim in writing. The moment of making the warranty claim is understood as the moment when the Seller receives the claimed goods from the Buyer.
6.7.1. By giving the quality guarantee, the Seller guarantees that the goods will be fit for their intended use or that the goods will keep their ordinary properties for a specific period of time. The statement of the guarantee period or the usable life of the goods on a package or in an advertising campaign will have the same effects too. The guarantee may be given with respect to an individual part of the goods too.
6.7.2. If the guarantee contract contains various guarantee periods, the longest period will apply. However, if the Parties agree on a guarantee period other than that stated as the usable life on a package, the agreement of the Parties will prevail.
6.7.3. The guarantee period is 24 months and starts to expire as of the handover of the goods to the Buyer.
6.7.4. The Buyer has no right from the guarantee, if the defect has been caused by an external event after the risk had passed to the Buyer; this does not apply if the defect has been caused by the Seller.
6.8.1. The rights from defective performance and the rights from the guarantee are asserted with the Seller:
a) by mail at the registered office located at Boženy Němcové 176, Post Code 538 51 Chrast, or
b) by e-mail at firstname.lastname@example.org. In making a warranty claim, the Buyer is obliged to identify the relevant contract clearly (preferably stating: the number and date of the order, date of the takeover of the goods) and to prove he/she is a person authorised to make the warranty claim (preferably by submitting the proof of the title to the goods – e.g. an invoice) and to state a brief description of defects, preferably by means of photos.
6.8.2. The Seller is obliged to issue a written confirmation to the Buyer, including the date when the Buyer asserted the right, the subject-matter of the warranty claim, and the way of handling the claim requested by the Buyer; as well as the confirmation about the date and way of handling the warranty claim, including the confirmation of repair and its duration, and/or the written reasoning of the denial of the warranty claim.
6.8.3. The Seller will decide on a warranty claim immediately; or within three working days in complicated cases. This period of time does not include a reasonable period of time corresponding to the type of the goods or service that is required for professional examination of the defect. The warranty claim, including removal of the defect, must be handled without undue delay, not later than within 30 days after the warranty claim has been asserted, unless the Seller and the Buyer have agreed on a longer period of time. The Seller will inform the Buyer that the warranty claim has been handled in writing within 30 days after the warranty claim had been asserted.
7. FINAL PROVISIONS
7.1. If there are any non-removable obstacles preventing the Seller from meeting its obligation with respect to the Buyer, which have not been caused by the Seller, the Seller is entitled to withdraw from the contract unilaterally in writing and is obliged to refund the paid amount to the Buyer immediately. The Seller is liable neither for the failure to meet obligations resulting from the contract nor for any damages caused by such failure, if such failure of obligations has been caused by unexpected and inevitable events that could not have been prevented by the Seller. The Seller is not liable for any damage caused on the basis of contracts made by the Buyer and third persons, especially for any consequential and indirect damages.
7.2. The Buyer states he/she has sufficient funds for the payment of the full price for the goods. The Buyer is not entitled to assign any claim receivable from the Seller to any third entity. The Buyer is not entitled to set off any claim payable to the Seller unilaterally against any of his/her claim receivable from the Seller.
7.3. In order to examine all provisions of the contract and disputes resulting from the contract, if any, the Czech law will be the governing law and the Czech courts will have jurisdiction.
7.4. The contract made between the Seller and Buyer, including these GBTC, is in the English language.
7.5. Within the meaning of the provisions of Section 1820(1)(j) of the Civil code, the Seller states that the consumer can submit an out-of-court complaint to an inspection authority, i.e. the Czech Trade Inspection Authority, which handles out-of-court complaints of consumers in the manner and under conditions defined by applicable legal regulations.
7.6. The current wording of the GBTC is published on the Internet; the link to their full wording (Internet address, where the full wording can be found at) is stated in each order form/contract. By sending an order, the Buyer confirms his/her explicit, full and unconditional consent to the wording of the current GBTC. The Seller is entitled to change the GBTC unilaterally at any time with effect from the date it determines, this date not preceding the date of the publishing of the new wording on the Internet. If the contract contains the regulation of the rights and obligations of the Contracting Parties that differs from the wording of the GBTC, the wording of the contract will prevail.
7.7. The GBTC become effective as of 1 April 2020.
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