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Trading Terms and Conditions

TRADING TERMS AND CONDITIONS


by the company

EURO SECURITY PRODUCTS s.r.o. (Ltd.)

of the official address in Bašť 178, 250 65  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
Fax: +420 272 660 616
Email: info@security-eshop.eu

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 Bašť 178, 250 65  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.  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 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. Any offers of goods placed on the shop web interface are not binding and the Seller is not obliged to conclude a Purchase Contract related to the goods.

3.2.  The shop web interface includes also information on the costs related to the goods delivery.

3.3.  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,
  • Costs related to the goods delivery, when the Seller accounts for them
    (hereinafter referred to as the “order” only).

3.4.  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 “Completion of the order”. 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.

3.5.  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).

3.6.  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.

3.7.  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
    BIC/SWIFT: CEKOSKBX
    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.  According to the electronic sales evidence act, the seller is required to issue a receipt to the buyer. At the same time the seller must immediately register the incoming payment online with the tax administration; in the case of technical failure within 48 hours from the payment.

4.8.  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. 235/2001, 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 in the result of the provision in § 53 (7) in the Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code” only) 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 § 53 (8) 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 ten (10) working days from the time of sending the withdrawal from the Contract to the Seller.

5.4.  Purchasers are aware that in the result of the provision in § 53 (10) in the Civil Code the Seller is authorised to get covered all costs really incurred in relation to the returned goods. Purchasers are thus obliged to pay to the Seller the costs which he incurred in relation to the ordered goods’ transport and packing, but also the sum by which the returned goods lost their value because of their damage, wear, a partial consumption, missing parts or the missing packing materials, or because of some other reasons influencing the value of the returned goods. The Seller is authorised to set off his claims related to the previous sentence against the Purchasing Consumers’ rights to get back their purchasing prices.

5.5.  When a withdrawal from a Contract took place following Article 5.1 in the Trading Terms, the Seller returns back the purchase price (without his costs related to the returned goods as described in the previous paragraph) to the Purchasing Consumer not later than within ten (10) working days from the return of the goods by wire to the account determined by the Purchasing Consumer. The Seller is also authorised to return the purchase price in cash at the moment when the goods are returned back to the Seller by the Purchasing Consumer.

 

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 § 420 and the following ones in the Commercial 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 § 612 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.  When an item does not conform to a Purchase Contract at the time of its taking over by a Purchasing Consumer (hereinafter referred to as the “conflict with the Purchase Contract” only), the Purchasing Consumer is authorised to ask the Seller for free of charge item correction, which makes the item conform to the Purchase Contract, without any unnecessary delay. This should take place following the Purchasing Consumer’s requirement by either an exchange of the item or its repair; if this is impossible, the Purchasing Consumer can ask for the appropriate item price discount or he or she can withdraw from the Contract. However, this does not apply when the Purchasing Consumer knew about the conflict with the Purchase Contract before the taking over the item, or when he or she caused the conflict with the Purchase Contract himself/herself. A conflict with the Purchase Contract occurring within the first six months from the date of taking over the item is considered as the conflict existing at the time of the taking over it unless that is in dispute with the item nature (especially when the item presents significant signs of wear, when a significant consumption of operating fillings took place, or when the repair is simple) or when it was proved otherwise.
7.5.  The Seller is responsible towards Purchasing Consumers for defects shown as conflicts with their Purchasing Contracts after the taking over the goods but within the warranty period (the warranty). The warranty period lasts for 24 months and it starts running at the time of the taking over by Purchasing Consumers. The warranty does not cover items worn by their usual use. The warranty does not cover defects of the goods sold at lower prices because of the known defects.
7.6.  When there is a defect which can be removed, the Purchasing Consumer has got the right for the defect removal free of charge, in time and done properly and the Seller is obliged to remove the defect without any unnecessary delay. When the nature of the defect suggests it as an inappropriate or the defect relates to a part of the item only, Purchasing Consumers can ask for the item exchange or for the exchange of the faulty part. If this is impossible, the Purchasing Consumers can ask for an appropriate item price discount or they can withdraw from their Contracts.
7.7.  When there is a defect which cannot be removed and which prevents the proper use of the item, which might be expected from a faultless item, Purchasing Consumers have the right for the item exchange or for the withdrawal from their Contracts. The same rights apply for Purchasing Consumers on removable defects when the Purchasing Consumers cannot use the goods properly because of repeated occurrence of the repaired defects or because of a larger number of defects. When there are other not removable defects and an exchange of the item is not required, Purchasing Consumers have got the right for an appropriate price discount or they can withdraw from their Contracts.
7.8.  When an item sold for a lower price or a used item shows a defect for which the Seller is responsible, Purchasing Consumers have the right to ask for an appropriate price discount instead of the item exchange.
7.9.  A defect caused by the not professional assembly or by some other non professional putting into operations is considered as the item defect unless the assembly or the putting into operations was agreed on in a Purchase Contract and that was organised by the Seller or some other party on the Seller’s responsibility. This applies also when the assembly or some other putting the item into operations was done by the Purchasing Consumer and the defect was caused by incorrect instructions presented in the Assembly or Putting into Operations’ Instructions.
7.10.  Rights resulting from the responsibilities for defects must be utilised at the correspondence address of the Seller: Hyacintová 3181/20, 106 00  Praha 10 – Záběhlice, Czech Republic unless specified otherwise in the warranty document. Purchasing Consumers are obliged to present a purchasing document or the warranty document when making a claim, they must identify and specify the item defects, describe how they present themselves and how they impact on the item functionality. At the same time, they must inform the Seller in which way they prefer to solve their claims. If a Purchasing Consumer does not inform the Seller about the preferred solution way, the Seller will determine the claim solution way.
7.11.  The Seller must provide a written certificate to Purchasing Consumers indicating when a Purchasing Consumer utilised his or her right, what is the claimed subject and which solution way the Purchasing Consumer prefers; the certificate should also indicate the date when and in which way the claim was resolved, including a certificate confirming the repair execution and its duration, or the written reasoning why the claim was rejected. The Seller of his authorised worker must decide on claims immediately, or, within three working days when the claim is complicated. This period does not include an appropriate time depending on the kind of the goods or service necessary for the expert assessment of the claimed defect. The claim, including the defect removal, must be resolved without any unnecessary delay, but not later than within 30 days from the submission of the claim unless the Seller agrees with the Purchasing Consumer on a longer period. Purchasing Consumers have the same rights after the expiry of this period as if the defect cannot be removed.
7.12.  Purchasing Consumers are aware that the Seller’s responsibilities for conflicts with Purchase Contracts do not exist when defects were caused by a neglected handling of the products, their neglected maintenance or by not following the use instructions, or in the situation in which the goods were damaged after they were taken over by the Purchasing Consumers.
7.13.  The rights resulting from responsibilities for the goods defects, covered by the warranty period, expire when they were not claimed within the warranty period.
7.14.  The period from the date in which the rights resulting from responsibilities for defects were claimed to the date in which the Purchasing Consumer has to take over the repaired goods is not considered as a part of the warranty period. The Seller is obliged to provide a certificate to the Purchasing Consumer indicating when the rights were utilised, that the item was repaired and how long the repair took place.
7.15.  When there is an exchange, the warranty period starts again on the date when the new item is taken over. The same applies when a part, covered by the warranty, was exchanged.

 

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 § 53a (1) 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 the Purchasers, who are natural persons, is provided by the Act No. 101/2000 Coll. on the protection of personal data as amended.
9.2.  Purchasers agree with the processing of their personal data like the name and the surname, the living address, the identification number, the tax file number, the electronic mail address, and the telephone number (hereinafter referred together as the “Personal Data” only).
9.3.  Purchasers agree with the processing of their Personal Data by the Seller for purposes of the utilisation of rights and obligations resulting from Purchase Contracts and for the purpose of the distribution of information and commercial communications by the Seller.
9.4.  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 ordering while using the shop web interface) correctly and truthfully and that they must inform the Seller about changes in their Personal Date without any unnecessary delay.
9.5.  The Seller can assign the processing of Purchasers’ Personal Data to a third party in the position of a processing party. Aside from people transporting the goods and the Seller’s head accountants, the Personal Data will not be transferred to third parties without the prior Purchasers’ consents. This does not affect the right of the Seller to transfer the Purchasers’ Personal Data in connection with an assignment, pledging or enforcing claims against Purchasers or with some other handling of such a claim.
9.6.  Personal Data will be processed for the indefinite period. Personal Data will be processed in an electronic form automatically or in hard copies’ form by a not automatic way.
9.7.  Purchasers certify that the provided Personal Data are precise and they acknowledge that their Personal Data were provided voluntarily. Purchasers declare that they were informed about the possibility to recall their agreement with the processing of their Personal Data within the relation with the Seller using a written notification delivered to the Seller’s address.
9.8.  In the situation in which a Purchaser might believe that the Seller or the processing party (Article 9.5) processes his or her Personal Data in dispute with the protection of the Purchaser’s private or personal life or in dispute with a law, especially when the Personal Data are not precise in connection with the purpose of their processing use, he or she can:
  • Ask the Seller or the processing party for an explanation,
  • Request that the Seller or the processing party removes the occurring situation. This might relate especially to the blocking, a repair execution, supplementing, or liquidation of the Personal Data. When the request by the Purchaser, according to the previous sentence, is found as entitled, the Seller of the processing party must remove the erroneous situation without any delay. If the Seller or the processing party does not comply with the request, the Purchaser can turn directly to the Office for personal data protection. This provision does not affect the Purchaser’s right to turn directly to the Office for personal data protection with his or her input.
9.9.  When a Purchaser asks for information about the processing of his or her Personal Data, the Seller is obliged to provide the information to him / her. The Seller has got the right to ask for an appropriate payment for the provision of the information, according to the previous sentence, but the payment must not exceed his necessary costs of the information provision.
9.10.  Purchasers agree with the sending of information related to the goods, services or the Seller’s business to the Purchasers’ electronic address by the Seller and they also agree with the sending of commercial communications by the Seller to their electronic addresses. Purchasers are authorised to refuse their agreements at any time.

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 1st of March 2017.

 

 
In Prague on the 1st of March 2017

 

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Any possible disputes between the Seller
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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/.

 

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