Trading Terms and Conditions
EURO SECURITY PRODUCTS s.r.o. (Ltd.)
- official address: Ke Střelnici 178, 250 85 Bašť (Praha‑východ), Czech Republic
- correspondence address: Hyacintová 3181/20, 106 00 Praha 10 – Záběhlice, Czech Republic
- Identification Number: 64939120
- Tax File Number: CZ64939120
- registered within the Commercial Register maintained by the Municipal Court in Praha, Part C, File 41977
- tel.: +420 774 720 803
- email: email@example.com
Trading terms and conditions on the sales of goods via the on-line shop placed on the Internet address www.security-eshop.eu.
1. INTRODUCTORY PROVISION
1.1. These trading terms and conditions (hereinafter referred to as the “Trading Terms” only) of the trading company EURO SECURITY PRODUCTS s.r.o. (Ltd.), of the official address in Ke Střelnici 178, 250 85 Bašť (Praha‑východ), Czech Republic, Identification Number: 64939120, registered within the Commercial Register maintained by the Municipal Court in Praha, Part C, File 41977 (hereinafter referred to as the “Seller” only) determine mutual rights and obligations of the Contractual Parties resulting from or on the basis of a Purchase Contract (hereinafter referred to as the “Purchase Contract” only) concluded in between the Seller and another natural or legal person (hereinafter referred to as the “Purchaser” only) through the Internet shop of the Seller. The Seller operates the Internet shop at the Internet address www.security-eshop.eu through the web interface (hereinafter referred to as the “shop web interface” only).
1.2. These Trading Terms treat differently rights and obligations of the Purchasers, who are the consumers in their relations to the Seller (hereinafter referred to as the “Purchasing Consumer” only), and the Purchasers, who are business people in their relations to the Seller (hereinafter referred to as the “Purchasing Business Person” only). A Purchasing Consumer is a natural person, not acting within his or her commercial activities or within the independent execution of an occupation, when concluding or performing contracts. A Purchasing Business Person is any person not considered as the Purchasing Consumer. When these Trading Terms determine some rights jointly and identically to a Purchasing Consumer and a Purchasing Business Person, the Purchasing Business Person and the Purchasing Consumers are identically called a “Purchaser”.
1.3. The Trading Terms treat also rights and obligations of Contractual Parties when using the web pages of the Seller placed at the address www.security-eshop.eu (hereinafter referred as the “web page” only) and other related legal relations.
1.4. Provisions which differ from the Trading Terms might be agreed on in Purchase Contracts. The differing provisions in a Purchase Contract prevail over provisions in these Trading Terms.
1.5. Provisions in these Trading Terms make inseparable parts of Purchase Contracts. Purchase Contracts and the Trading Terms have been prepared in English. Purchase Contracts can be concluded in Czech or English.
1.6. The Seller can change or supplement the wording of these Trading Terms. This provision does not affect the rights and obligations created in the course of effectiveness of the above-presented wording of the Trading Terms.
2. THE USER’S ACCOUNT
2.1. A Purchaser can access his or her user’s interface (hereinafter referred to as the “User’s Account” only) on the basis of his or her registration via the web page. Purchasers can order goods using their users’ accounts. Purchasers can order goods also without registration directly from the shop web interface.
2.2. When registering on the web page and ordering goods, Purchasers are obliged to submit all their data correctly and truthfully. Purchasers must update data submitted within the user’s account when they change in any way. The data submitted by a Purchaser within his or her user’s account and when ordering goods are considered by the Seller as correct.
2.3. An access to the user’s account is secured by a user’s name and a password. Purchasers must keep the information necessary for the access to their users’ accounts confidential and there are aware of the fact that the Seller is not responsible for any breaches of this obligation by the Purchasers.
2.4. Purchasers are not authorised to enable the use of their users’ accounts to third parties.
2.5. The Seller may cancel a user’s account especially when a Purchaser has not been using his or her user’s account for 2 years or longer or when the Purchaser breached his or her obligations resulting from a Purchase Contract (including the Trading Terms).
2.6. Purchasers are aware that their users’ accounts do not have to be accessible without an interruption, especially when the hardware and software of the Seller or of third parties must be necessarily maintained.
3. CONCLUSION OF A PURCHASE CONTRACT
3.1. All product presentation featured on the shop web interface is of informative nature and the Seller is not obliged to enter into a Purchase Contract involving these products. Provision 1732 Section 2 of the Civil Code (hereinafter referred to as the “Civil Code” only) will not apply.
3.2. The shop web interface includes the list of goods offered to Purchasers for sale, including the prices of individual kinds of the offered goods. The Seller reserves his right to change, nor substantially, technical parameters, used materials or the look of the offered goods. Prices of the offered goods include also the value-added tax. The goods offer and the prices of these goods remain valid for the time during which they are displayed on the shop web interface. This provision does not limit the chance of the Seller to conclude a Purchase Contract under individually agreed terms and conditions.
3.3. The shop web interface includes also information on the costs related to the goods delivery.
3.4. When ordering goods, a Purchaser fills in the order form on the shop web interface. The ordering form includes mainly the following information:
- The ordered goods (the ordered goods are “inserted” by the Purchaser to the electronic trolley on the shop web interface).
- The way of the purchase price payment related to the price of the goods and the data about the required way of delivery of the ordered goods.
- About the Purchaser, including the telephone and email contact data.
3.5. Prior the order submission to the Seller, the Purchaser may control and change the inserted data, including the Purchaser’s chance to find and correct any mistakes made during the order form filling in. Purchasers send their orders to the Seller by clicking on the pushbutton “Confirm order and pay”. The data submitted within the order are considered as the correct ones by the Seller. The Seller, after receiving an order, sends the order confirmation note to the Purchaser by the electronic mail to the address of the electronic mails presented by the Purchaser on the user’s interface or within the order form (hereinafter referred to as the “Purchaser’s electronic address” only). The Contractual Relation between the Seller and a Purchaser occurs by the delivery of this order confirmation note to the Purchaser.
3.6. The Seller is always authorised, depending on the order character (the goods amount, the level of the purchase price, or the expected delivery costs), to ask Purchasers for an additional order confirmation (e.g. in writing or over the telephone).
3.7. The Seller is authorised to withdraw from a Purchase Contract without specifying any reasons till the moment of the ordered goods expedition to the Purchaser, or till the time of the ordered goods picking up, when they are picked up in person. In the case when a Purchaser has already paid a part or the whole amount of the purchase price, the sum is transferred back to his or her account or to the address as soon as possible.
3.8. Purchasers agree with the use of remote communication means when concluding Purchase Contracts. The costs incurred by Purchasers, when using the remote communication means when concluding Purchase Contracts (the costs of the Internet connection or the costs of phone calls), are covered by the Purchasers themselves.
4. PRICES OF GOODS AND THE PAYMENT TERMS AND CONDITIONS
4.1. Prices of goods and any possible costs related to the goods delivery, following a Purchase Contract, could be paid to the Seller by Purchasers in the following ways:
- With cash at the correspondence address of the Seller;
- By a credit card (MasterCard, VISA, Diners Club, American Express) through the Internet;
- By wire to the Bank account of the Seller No. 4012077855 at the
Československá obchodná banka, a.s., Ľ. Zúbka 4, 901 01 Malacky, Slovakia
IBAN: SK76 7500 0000 0040 1207 7855
Bank code: 7500
(hereinafter referred to as the “Seller’s Account” only).
4.2. Purchasers must pay to the Seller, together with the purchase price, also the costs of the goods delivery. If not defined otherwise, purchase prices include the costs of the goods delivery.
4.3. When payments are made in cash, purchase prices are payable at the time of the goods delivery. In the case of a payment made by wire, the purchase price is payable within five (5) working days from the conclusion of the Purchase Contract. When a purchase price is not deposited into the Seller’s Account within this period, the Seller will be authorised to withdraw from the Purchase Contract.
4.4. In the case of payments made by wire, Purchasers are obliged to pay the goods purchase price together with the presentation of variable payment symbols, presented on the order confirmation notes, identifying the order confirmation. When payments are made by wire, the obligation of the Purchaser to pay the purchase price is fulfilled at the moment when the relevant sum is deposited into the Seller’s Account.
4.5. The Seller is authorised to ask for the payment of the whole purchase price even before sending the goods to Purchasers, especially when the Purchasers have not additionally confirmed their orders (Article 3.5). In such a situation, purchase prices are payable within five (5) working days from the delivery of a call, to the Purchasers, to additionally confirm their orders.
4.6. Any discounts related to the prices of goods provided to Purchasers by the Seller cannot be mutually combined.
4.7. Tax documents – the invoices are issued to Purchasers by the Seller only after the payment of the prices of goods. They are sent in an electronic form to the Purchasers’ electronic addresses, or they are transferred to the purchasers when goods are picked up in person. The Seller is a value-added tax payer. The Purchaser agrees with the issue of the electronic invoice according to §26 Section 3 Act No. 235/2004, Coll. regarding the value added tax, as amended. The Purchaser agrees with the electronic issue of the receipt.
5. WITHDRAWALS FROM PURCHASE CONTRACTS BY PURCHASING CONSUMERS
5.1. Purchasing Consumers are aware that they have the right to withdraw from their Purchase Contracts within fourteen (14) days from the goods delivery. A withdrawal from a Purchase Contract must be delivered in a proving way to the Seller, at his correspondence address, within fourteen (14) days from the goods delivery.
5.2. Purchasing Consumers are aware that in the result of the provision in § 1837 in the Civil Code, withdrawals from Purchase Contracts related to deliveries of the goods adjusted in accordance with a wish of the Purchaser or the goods threatened by fast deterioration, by fast wear or becoming obsolete are not possible. The same applies on Purchase Contracts related to deliveries of audio or video recordings and computer software, when their original packaging was disturbed by the Consumer.
5.3. When a withdrawal from a Purchase Contract has taken place, according to Article 5.1 in the Trading Terms, the Purchase Contract becomes cancelled from its beginning. The goods must be received back by the Seller at his correspondence address within fourteen (14) days from the time of sending the withdrawal from the Contract to the Seller.
5.4. Purchasing Consumers acknowledge that in case of withdrawal from the Purchase Contract, the Purchasing Consumers will cover the expenses related to the return of the product, even in the case of the usual postal method not being applicable due to the character of the product.
5.5. If the Purchasing Consumer withdraws from the agreement, the Seller will without undue delay within fourteen (14) days at the latest from the day of the withdrawal return all funds including the shipping fee which the Seller received on the basis of the Purchase Contract. The funds will be returned in the same manner they were received. The Seller will return the financial amount to the Purchasing Consumer in a different manner only provided that the Purchasing Consumer agrees and no further expenses are thus incurred.
5.6. If the Purchasing Consumer chose a different shipping method than the cheapest one offered by the Seller, the Purchasing Consumer is entitled to receive only the amount equal to the expenses for the cheapest shipping method available.
5.7. If the Purchasing Consumer withdraws from the Purchase Contract, the Seller is not entitled to return the received funds to the Purchasing Consumer any sooner than the Purchasing Consumer returns the product to the Seller or supplies a proof of having shipped the product to the Seller.
5.8. The Purchasing Consumer is liable to the Seller for the decreased value of the product caused by using the product in a different manner than the way it is intended to be used with regard to its character and properties. The Seller is entitled to offset the claim according to the previous sentence against the claim of the Purchasing Consumer for the return of the purchase price.
5.9. The Seller is entitled to withdraw from the Purchase Contract any time in the period before the receipt of the product by the Purchasing Consumer. In that case, the Seller returns to the Purchasing Consumer the purchase price without undue delay via bank transfer to an account designated by the Purchasing Consumer.
5.10. If the Purchasing Consumer receives a gift along with the purchased product, the donation agreement between the Seller and the Purchasing Consumer contains a cancellation clause which provides that if the Purchasing Consumer withdraws from the Purchase Contract, the donation agreement concerning this gift expires and the Purchasing Consumer is obliged to return the gift along with the returned product.
6. GOODS’ TRANSPORT AND DELIVERY
6.1. The Seller organises goods’ deliveries by a Courier Service.
6.2. The Seller sends ordered goods to the address determined by the Purchaser in his or her order within five working (5) days from the time when the purchase price was deposited into the Seller’s Account. If the Seller cannot send the goods within this period, he will immediately inform the Purchaser about it and tries to agree on the following process. In such a situation, the Purchaser is authorised to withdraw from the Contract.
6.3. Purchasers are obliged to take over the goods at the address presented in their orders. When the goods must be delivered repeatedly because of reasons on the side of a Purchaser, the Purchaser must pay any costs related to the repeated delivery of the goods. When goods cannot be delivered at the address determined by a Purchaser in his or her order because of reasons on his or her side, the Seller is authorised to withdraw from the Contract. In such a situation, the Purchaser is obliged to pay to the Seller any costs incurred in relation to the unsuccessful delivery.
6.4. When taking over goods from a Courier Service, the Purchaser is obliged to inspect the not disturbed packing of the goods and when there are any problems, they must be immediately reported to the transporting party. When disturbed packing suggests the mishandling of the shipment, Purchasers do not have to take over the shipment. Purchasers certify, by signing the delivery note of the transporting party, that the goods’ shipment fulfilled all terms and conditions. Any later claims related to disturbed shipment packages cannot be taken into the account.
7. RESPONSIBILITIES FOR DEFECTS, THE WARRANTY
7.1. The Purchasing Business Person’s rights and obligations related to the Seller’s responsibility for defects are governed by the generally binding regulations (especially the provision in § 2099 and the following ones in the Civil Code).
7.2. The Purchasing Consumers rights and obligations related to the Seller’s responsibility for defects, including the Seller’s warranty responsibilities, are governed by the following paragraphs in this Article and by the relevant generally binding regulations (especially the provision in § 2161 and the following ones in the Civil Code).
7.3. The Seller is responsible, towards Purchasing Consumers, for the fact that sold items conform, at the time of taking over, to Purchase Contracts, specifically that they are not faulty. Conformity to a Purchase Contract means that sold items are of the quality and useful features required by the Purchaser within the Purchase Contract and described by the Seller, the manufacturer or his or her representative, or expected on the basis of promotion organised by them, or of the quality and useful features usual for this kind of goods, that they correspond to requirements by legal regulations, that they are of the expected quantity, level or weight and that they serve the purpose presented by the Seller in connection with the use of the items and the usually used purpose.
7.4. The provisions listed in Article 7.2 of The Trading Terms will not apply in the case of products sold for a lower price due to a defect for which the discount was settled, in the case of used goods which were used in the intended manner, in the case of used goods whose defects correspond to the extent of their use or in the case of signs of wear the product already bore at the time of receipt by the Purchasing Consumer or if this corresponds to the nature of the product.
7.5. If the defect shows within twelve months from the receipt of the product, it is assumed the product was already defective when received.
7.6. The Purchasing Consumer is entitled to exercise their right to claim a defective product if the defect appears within 24 months from the receipt of the product.
7.7. The Purchasing Consumer is not entitled to the claim of a defective product if the defect was caused by an external event after the risk of damage to the product is transferred to the Purchasing Consumer. This does not apply if the defect was caused by the Seller. The Purchasing Consumer acknowledges that the right to claim a defective product does not arise especially in the case of rough handling of the product, in the case of insufficient upkeep of the product or in the case of not following the user's instructions as well as in the case of the product being damaged after it was received by the Purchasing Consumer.
7.8. If the product does not possess the properties described in Article 7.2 of The Trading Terms, the Purchasing Consumer is entitled to demand the delivery of a new product without defects unless this is unreasonable due to the nature of the defect, but if the defect concerns only a component of the product, the Purchasing Consumer may demand only the replacement of the component; if this is not possible, the Purchasing Consumer may withdraw from the Purchase Contract. However, if this is disproportionate to the extent of the defect, especially if the defect can be removed without undue delay, the Purchasing Consumer is entitled to having the defect removed free of charge.
7.9. The Purchasing Consumer is entitled to the right to the delivery of a new product or to the replacement of a component even in the case of a removable defect provided the product cannot be properly used due to a repeated occurrence of the defect following the repairs or due to a greater number of defects. In such a case, the Purchasing Consumer is also entitled to withdraw from the agreement.
7.10. If the Purchasing Consumer does not withdraw from the Purchase Contract or does not exercise the right to have a new product without defects delivered, or to have its component replaced or to have the product repaired, the Purchasing Consumer is entitled to demand a reasonable discount. The Purchasing Consumer is also entitled to a reasonable discount if the Seller cannot supply a new product without defects, replace its component or repair the product as well as in the case of the Seller not being able to arrange the repairs in a reasonable time period or if such an arrangement would cause significant difficulties to the Purchasing Consumer.
7.11. The Purchasing Consumer is not entitled to the right to claim a defective product if the Purchasing Consumer was aware of the product's defect before its receipt or if the Purchasing Consumer caused the defect.
7.12. If the product has a defect by which the Seller is bound and if the product is sold for a lower price or if it is a used product, the Purchasing Consumer is entitled to exercise the right to a reasonable discount instead of the right to have the product replaced.
7.13. The right to claim a defective product can be exercised at the Seller's headquarters which is located at the address Hyacintová 3181/20, 106 00 Praha 10 – Záběhlice, unless the warranty states otherwise. When enforcing the claim, the Purchasing Consumer is obliged to supply a proof of purchase or a warranty certificate, to designate and specify the defect or defects of the product, to describe how the defects are manifested and how they influence the product's functionality. At the same time, the Purchasing Consumer is obliged to inform the Seller which method of enforcing the right to claim a defective product the Purchasing Consumer has chosen. The Purchasing Consumer cannot change this choice without the Seller's agreement. This does not apply if the Purchasing Consumer demands the repair of a defect which is then shown to be irreparable. If the Seller does not remove the defects in a reasonable time period or if the Seller inform the Purchasing Consumer the defects will not be removed, the Purchasing Consumer is entitled to demand a reasonable discount from the purchase price instead of the removal of the defect, or the Purchasing Consumer can withdraw from the Purchase Contract.
7.14. The Seller is obliged to issue a written confirmation to the Purchasing Consumer of when the Purchasing Consumer enforced the claim, what the content of the claim is and what method of settling the claim the Purchasing Consumer demands; furthermore the Seller will supply a written confirmation of the date and method of the claim's settlement including the confirmation of having performed the repairs and their duration, or if need be, the written justification of the claim's rejection.
7.15. The Seller or an employee authorized by the Seller will assess the claim immediately, in complex cases within three work days. The time necessary for a professional assessment of the defect according to the type of the product or service is not counted as part of this period. The claim including the removal of the defect must be settled without undue delay, within 30 days from the enforcement of the claim at the latest, unless the Seller and the Purchasing Consumer agree on a longer period. The expiry of this period is considered a significant breach of the Purchase Contract.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
8.1. Purchasers are aware that the software and other parts making up the shop web interface (including the photos of offered goods) are covered by a copyright. Purchasers undertake that they will not perform any activities which could allow to them or to third parties unauthorised interventions or use of the software or other parts making up the shop web interface.
8.2. Purchasers are not authorised, when using the shop web interface, to use any mechanisms, software or other processes, which could have a negative impact on operations of the shop web interface. The shop web interface can be utilised only within the scope not detrimental to rights of other customers of the Seller and which corresponds to its determined purpose.
8.3. The Seller is not bound in his relations to Purchasers by any behavioural codes as described in the provision of § 1826 (1e) in the Civil Code.
8.4. Any possible disputes between the Seller and the Purchasing Consumer can be settled through an out-of-court settlement. The Purchasing Consumer has the right to start an out-of-court settlement online through the ODR platform available at the website ec.europa.eu/consumers/odr.
8.5. Purchasers are aware that the Seller is not responsible for errors caused in the result of third parties’ interventions into the web page or in the result of the web page use in dispute with its determined purpose.
9. PROTECTION OF PERSONAL DATA AND THE SENDING OF COMMERCIAL COMMUNICATIONS
9.1. Protection of personal data of Purchasers who are natural persons is provided by the Regulation 2016/679 of the European Parliament and the European Council on data protection of individuals in connection with personal data storage, processing and sharing, and on the cancellation of Regulation 95/46/ES (“General Data Protection Regulation“; hereinafter referred to as “GDPR“) and Act no. 110/2019 Sb. on the processing of personal data.
9.2. The Seller as the personal data administrator according to GDPR hereby informs the Purchasers that the following personal data will be processed: name and surname, address, business identification number, tax payer identification number, electronic email address and telephone number (hereinafter referred to as “Personal Data” only). The consent to provide personal data is a contractual obligation and the purchase contract cannot be closed without it.
9.3. The personal data is processed for the purpose of fulfilling the contract between the Seller and the Purchaser; the personal data of the Purchaser is processed on the basis of Article 6, Paragraph 1, Point b) of the GDPR, i.e. the processing of this data is necessary for the fulfilment of the contract whose contractual party is the subject of the data (the Purchaser) or it is necessary for the provisions made before the closing of the contract as requested by the subject of the data (the Purchaser). After the settlement of all mutual obligations the personal data is still processed for the purpose of meeting all legal requirements (especially tax evidence); the processing of personal data is therefore necessary to fulfil all legal obligations which concern the Seller. After the end of the period for which the Seller is legally obliged to process the personal data, the personal data is erased and will no longer be used. The personal data is not transferred to a third country or to an international organization.
9.4. The Purchaser as the subject of the data has the right to demand from the Seller access to, correction of or deletion of the personal data, or the limitation of its use; the Purchaser can object to the processing or transferring of the data. The subject has the right to submit a complaint to a supervising authority.
9.5. In case the Purchaser consented to the processing of the personal data by the Seller for the purpose of maintaining a user’s account or for sending commercial and marketing information to the Purchaser, then this consent alone is not a condition that would prevent the Purchaser from closing the purchase contract.
9.6. In the case that the personal data is processed on the basis of the consent granted by the data’s subject, the subject has the right to revoke the consent at any time. Personal data processed on the basis of the data’s subject’s consent will be processed for an indefinite period or until the consent is revoked. Personal data will be processed automatically in an electronic form or in hard copies in a non-automated way.
9.7. Purchasers are aware that they are obliged to submit their personal data (at the time of their registration, in their users’ accounts, and at the time of placing an order while using the shop‘s website) correctly and truthfully and that they must inform the Seller about changes in their personal data without any unnecessary delay.
9.8. The Seller can assign the processing of Purchasers’ personal data to a third party in the position of a processing party. Aside from the transport agent and the Seller’s head accountants, the personal data will not be transferred to third parties without prior consent of the Purchaser. This does not affect the right of the Seller to transfer the Purchaser’s personal data in connection with the enforcement, referral or the pledging of a financial claim against the Purchaser or any other such handling of such a claim.
10. FINAL PROVISIONS
10.1. When the relation connected with the use of the web page or the legal relation resulting from a Purchase Contract includes an international (foreign) element, the parties agree that their relation is governed by the Czech law.
10.2. Legal relations in between a Purchasing Consumer and the Seller not explicitly covered within the Trading Terms are governed especially by the Civil Code. Legal relations in between the Seller and a Purchasing Business Person not explicitly covered within the Trading Terms are governed especially by the Commercial Code. In the case that it is not an undertaking, according the provisions in the Commercial Code, The Seller and the Purchasing Business Person agree, according to § 262 in the Commercial Code, that their legal relations will be governed by the Commercial Code.
10.3. When any provision in the Trading Terms is or becomes invalid or inefficient, it will be replaced with a provision the meaning of which will be as close to the invalid provision as possible. The invalidity or inefficiency of a provision does not affect the validity of other provisions. Changes and additions to a Purchase Contract or to the Trading Terms require the written form.
10.4. Purchase Contracts, including the Trading Terms, are kept by the Seller in an archive in an electronic form and they are not accessible.
10.5. These Trading Terms become effective on the 6th of February 2023.
In Prague on the 6th of February 2023