(Fill in the form and send it back only if you want to claim the goods within the statutory period. The form should be printed, signed, scanned and sent to the following e-mail address or inserted into the package along with claimed goods).
Online shop: www.dixiegear.cz
Company: Martin Pesek
Registered Office: Čechovo nábřeží 516, 530 03 Pardubice
IR / Taxpayer ID: 67479821 / CZ67479821
E-mail address: firstname.lastname@example.org
Phone number: 602622400
My phone and e-mail:
Exercising the right of defective performance (complaint)
Dear Sir or Madam,
On (day-month-year) I created an order (order specifications see below) in your store (which store). My purchased product, however, has the following defects (detailed description of the defect needed). I demand to settle a complaint as follows:
(detailed description of desired method of execution, for example - "because it is a removable defect, I demand a reparation of the product, and no later than the legal limit of 30 calendar days). At the same time, I ask you to issue me a written confirmation of a complaint stating that I exercised the right of the complaint along with my demand for repair / replacement, and then confirm the date and method of settling the complaint, including confirmation of repair and its duration (in the case of a repair, not replacement).
1. The date of order (*) / receipt (*)
2. Number of orders:
3. Funds for ordering, possibly for delivery, were sent via (*) and will be returned back via (in the case of transfer to an account please send me the account number) (*)
4. Name and surname of the consumer:
5. Address of the consumer:
7. Phone: (*) Delete or add data as appropriate.
In (fill in where), on (fill in date)
Name and surname of the consumer
List of attachments:
The first invoice for the goods ordered No. (*)
General guidance for complaints.
You, as a consumer, must prove the purchase of the goods with the submission of purchase document or in some other sufficiently credible manner. As a consumer, you cannot exercise the rights of the defects which you yourself have caused, or about which you knew during the purchase. As well as for defects for which we as the seller and the buyer agreed to a price reduction. We are not responsible neither for normal wear and tear of the goods. Complaint must be made within the 24-month period. Complaint must be applied immediately to prevent the spread of the defect and the consequent rejecting of the complaint. Timely report of defect or defects can ensure the smooth settlement of the complaint. Complaints are handled only when we notify you about it. If a legal deadline expires, consider it a fundamental breach of the purchase agreement and you may withdraw from the contract.
Phone: +420 602 622 400
Correspondence and billing address:
Martin Pešek, Čechovo nábřeží 516, Pardubice, 530 03
Account Number: 670100-2213012127/6210
Martin Pešek - the owner and chief editor of the web magazine
Phone: +420 602 622 400
Petr Jirásek - music editor and head of broadcast
When handling data, we commit ourselves to follow the law no. 101/2000 Coll. About Protection of privacy.
We declare that all personal data are treated as strictly confidential and handled in accordance with law no. 101/2000 Coll. In any case, we do not provide such information to third parties.
Terms and conditions of the eshop
Residence: Čechovo nábřeží 516, 530 03 Pardubice
Identification Number: 67479821
registered in the Trade Register maintained by the City of Pardubice for the sale of goods through an online store located on the web at www.dixiegear.cz
1. Introductory provisions
1.1 These Terms and Conditions (hereinafter „the Terms and Conditions“) of the natural person Martin Pešek, place of residence Čechovo nábřeží 516, 530 03 Pardubice, identification number: 67479821, registered in the Trade Register administered by the Pardubice City Hall (hereinafter „the Seller“) govern in accordance to the provision § 1751 paragraph 1 of Act no. 89/2012 Coll., Civil Code (hereinafter „the Civil Code“) mutual rights and contractual obligations of the Parties arising in connection with or pursuant to the purchase agreement (hereinafter „the Purchase agreement“) concluded between the seller and any other natural person (hereinafter „the Buyer“) through the eshop of the seller. Eshop operated by the seller is placed on a Web page on the Internet at www.dixiegear.cz (hereinafter „the Web Page“) through the web site interface (hereinafter „the Web interface“).
1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
1.3 Provisions derogating from the Terms and Conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the terms and conditions are written in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5 The Terms and Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising from the effective period of the previous version of business conditions.
2. The User Account
2.1 On the basis of the registration of the Buyer on the website, the Buyer can access their user interface. From its user interface Buyer can order goods (hereinafter "the User account"). In the event that the web interface allows it, buyers can also order goods without registration directly from the web interface business.
2.2 While registering on the website and while ordering goods, the buyer is obliged to provide correct and true data. The data referred to by the Buyer in the user account are required to be updated by the Buyer if ever amended. The data referred to by the Buyer in the user account and ordering goods by the seller are deemed correct.
2.3 Access to the user account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access the user account.
2.4 The Buyer is not entitled to allow usage of the user’s account to third parties
2.5 The Seller may cancel the user account, especially when the Buyer did not use his user account for more than 36 months, or if the Buyer breaches its obligations under the Purchase agreement (including the Terms and Conditions).
2.6 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, respectively necessary maintenance of hardware and software equipment of third parties.
3. Purchase agreement
3.1 Any presentation of the goods placed in the web interface of the eshop is simply informative and the Seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.
3.2 Web interface provides information about the goods as well as prices of individual goods. Prices of the goods are inclusive of value added tax and all related charges. Prices of the goods remain valid as long as they are displayed in the web interface of the eshop. This provision does not limit the seller to conclude a Purchase agreement under individually negotiated conditions.
3.3 Web interface also contains information about the costs associated with packaging and delivery. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the eshop applies only in cases where the goods are delivered within the Czech Republic.
3.4. To order the goods, the Buyer fills an order form in the web interface of the eshop. Order form contains especially information about:
3.4.1. ordered goods (ordered goods are "inserted" by the buyer into an electronic shopping cart in the web interface of the eshop)
3.4.2. method of payment of the price of the purchase, details of the desired method of delivery of the goods ordered and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as „the Order“).
3.5 Before sending the order to the Seller, the Buyer is allowed to check and modify data which he filled in the order form, even considering the option of the Buyer to detect and correct errors made during data entry into the order form. The buyer sends the order to the seller by clicking on "order". The data specified in the order form are deemed correct by the seller.
3.6 Sending order is regarded as such an act of the buyer who undoubtedly identified the ordered goods, the purchase price, the buyer person, method of payment of the purchase price, and is mutually binding draft of the purchase agreement. The condition of validity of the order is to fill all the mandatory data in the order form, to become familiar with these terms and conditions on the website and to confirm that the buyer familiarized himself with these terms and conditions.
3.7 Seller immediately upon receipt of the order confirms the receipt of the order to the buyer via e-mail, at the e-mail address the buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the buyer").
3.8 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (such as in writing or by telephone).
3.9 The draft of the purchase agreement is valid for fifteen days.
3.10 The contractual relationship between the seller and the buyer arises from the delivery of order acceptance, which is sent to the buyer by e-mail on the electronic mail address of the buyer.
3.11 In the event that the seller cannot meet any of the requirements specified in the order, the seller sends the buyer on the buyer's email address the amended offer, stating the possible variants of the order and requests the opinion of the buyer.
3.12 The amended offer is considered a new draft of the purchase agreement and the purchase agreement is in this case not concluded until the acceptance of the buyer is send via e-mail.
3.13. The buyer agrees to the use of means of distance communication in concluding the purchase agreement. The costs incurred by the buyer by using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) are covered by the buyer while these costs do not differ from the standard rate.
4. The Price of goods and Payment Terms
4.1 The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:
• Cash on delivery at the place designated by the buyer in the order;
• cashless bank transfer on delivery at the place designated by the buyer in the order;
• cashless bank transfer to the seller's account no. 670100-2213012127 / 6210, held by mBank SA, branch (hereinafter „the Seller Account");
• cashless by a payment card.
4.2 Along with the purchase price, the Buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with delivery of goods
4.3 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions concerning the obligation of the buyer to pay the purchase price in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable within 7 days from the conclusion of the purchase agreement.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price together with the variable symbol of the payment. In the case of cashless payment, the obligation of the buyer to pay the purchase price is met in the moment of the payment being transferred to the seller’s account.
4.6 The seller is entitled, especially if the buyer does not provide the additional confirmation of the order (Art. 3.8), to require payment of full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8 If it is customary in trade relations or if it is determined by generally binding legal regulations, the seller will issue the buyer a tax document regarding payments made under the purchase agreement – the invoice. The seller is a payer of the value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and is sent electronically to the buyer's email address.
5. Withdrawal from the purchase agreement
1.5 The buyer acknowledges that according to § 1837 of the Civil Code, among other things, cannot withdraw from the contract:
5.1.1. the supply of goods whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period of withdrawal,
5.1.2. the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of financial markets beyond the control of the seller,
5.1.3. the supply of goods that has been modified according to the wishes of the buyer or for him
5.1.4. the supply of goods subject to rapid deterioration, as well as goods which after delivery irreversibly mixed with other goods,
5.1.5. the supply of sealed goods that the buyer unsealed and for hygienic reasons it is not possible to return,
5.1.6. the supply of audio or video recordings or computer program, if the buyer breached their original packaging,
5.1.7. the supply of newspapers, periodicals or magazines,
5.1.8. the supply of digital content, if not delivered on a tangible medium and delivered with the prior express consent of the buyer before the deadline for withdrawal and the seller told the buyer before concluding the purchase agreement that in such a case is not entitled to withdraw from the purchase agreement.
5.2 If this is not a case under Article 5.1 or some other case in which you you cannot withdraw from the contract, the buyer has in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract, within fourteen days from receipt of goods, in which case the subject of the agreement are several kinds of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the previous sentence.
5.3 For withdrawal from the contract the buyer may use a model form provided by the seller, attached to the terms and conditions. The buyer may send the withdrawal from the purchase agreement off to the address of the registered office or the headquarters of the seller. For the delivery of the withdrawal, the provisions of art. 11 of these terms and conditions are used.
5.4 In case of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Contitions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen days from the withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned due to their character by the usual postal route.
5.5 In case of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the seller returns the funds received from the buyer within fourteen days from the withdrawal from the contract by the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance provided by the buyer at the time of returning the goods by the buyer or otherwise, only if the buyer will agree to it and i fit will not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received from the buyer before the buyer returns goods to him or prove that the goods were sent to the seller.
5.6 The seller is entitled to add claims for damages caused to the goods unilaterally against the buyer's claim for refund of the purchase price.
5.7 Until the receipt of goods by the buyer, the seller may at any time withdraw from the purchase agreement. In this case, the seller returns the purchase price to the buyer without undue delay via bank transfer to an account designated by the buyer.
5.8 If a gift is provided to the buyer together with the goods, the gift agreement between buyer and seller is concluded with a subsequent condition that if there is a withdrawal from the purchase agreement, the buyer loses any claims towards the gift agreement and is required to return the gift together with the goods to the seller.
6. Transport and delivery of the goods
6.1 In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
6.2 If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
6.4 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding any damage on the package indicative of unauthorized intrusion into consignment, the buyer may reject the shipment from the carrier.
7. Rights of defective performance
7.1 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
7.2 The seller shall be liable to the buyer that the goods have no defects on delivery. In particular, the seller is liable to the buyer that when the buyer took the goods:
7.2.1. the goods have the properties that the parties have agreed on, and in the case of absence of an arrangement, the goods have the properties which the seller or manufacturer has described or which the buyer expects with regard to the nature of the goods and based on advertising the seller of the manufacturer carries,
7.2.2. the goods are fit for the purposes which are listed by the seller or to which the goods of the same nature are normally used,
7.2.3. the goods correspond to the quality or the performance of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4. the goods are in appropriate quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3 The provisions referred to in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, to used goods defected by use or wear that goods had in the moment of receipt by the buyer, or if it follows from the nature of the goods.
7.4 When a defect is exhibited within six months after the receipt, it is assumed that the goods were defective at the time of receipt.
7.5 Rights of defective performance puts the buyer in use with the seller at his place of business in which the receipt of complaint is possible taking into account the range of goods sold, possibly at the headquarters or place of business. A moment of complaint is considered to be the moment when the seller receives from the claimed goods.
7.6 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.
8. Other rights and obligations of the parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price.
8.2 The seller is not in relation to the purchaser bound by codes of conduct within the provisions of § 1826 paragraph 1, point e) of the Civil Code.
8.3 Extrajudicial complaints of consumers is processed through electronic address email@example.com. Information on the settlement of the complaint of the buyer sends the seller to the buyer's email address.
8.4 The seller is entitled to sell goods on the basis of his trade license. Trade inspection is carried out under the authority the Trade Office. Supervision of protection personal data is exercised by the Office for Personal Data Protection. Czech Trade Inspectorate exercises within the specified range, among other things, the supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
8.5 The buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
9. Protection of Privacy and Personal data
9.1 Protection of Privacy and Personal data of the buyer, who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
9.2 The buyer agrees to the processing of their personal data: name and surname, address, identification number, tax identification number, email address and phone number (hereinafter collectively referred to as "personal information").
9.3 The buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the purchase agreement and for the purpose of maintaining the user account. If the buyer does not choose another option, he is agreeing to the processing of personal data by the seller among other things for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase agreement.
9.3 The buyer acknowledges that he is obligated to fill in his personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and to, without undue delay, inform the seller about the change in his personal data.
9.5 The processing of personal data of the buyer may be appointed to a third party as a processor by the seller. Except to the person or persons transporting the goods, personal data of the buyer will not be passed on to third parties without the buyer’s approval.
9.6 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in an non-automated manner.
9.7. The buyer confirms that personal information he provided are accurate and that he was advised that it is voluntary provision of personal information.
9.8 In the event that the buyer would think that the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the buyer or against the law, especially if the personal data are inaccurate with regard to the purpose of their processing, can:
9.8.1. ask the seller or processor for an explanation
9.8.2. require that the seller or the processor rectifies the situation which arose.
9.9 If the buyer requests an information regarding the processing of their personal data, the seller is obliged to deliver this information. The seller has the right to demand a reasonable compensation not exceeding the costs of providing the necessary information for the provision of the information pursuant to the preceding sentence.
10. Sending of commercial messages and storage of Cookies
10.1 The buyer agrees to receive information related to goods, services or company of the seller to the buyer's email address and agrees to receive commercial messages from the seller to the buyer's email address.
10.2 The buyer agrees with saving so-called Cookies on his computer. In the event that a purchase on the website can be made, and the liabilities of the seller can be fullfilled without storage of so-called Cookies on the computer of the buyer, the buyer may take his consent under the previous sentence back at any time.
10.3 Explanation of Cookies. A Cookie is a small text file that is sent by website you visited to the browser. It allows the site to remember information about your visit, like your preferred language and other settings, so that the next visit to the site can be easier and more productive. Cookies are important. Without them, surfing the web would be far more complicated. Cookies are used for a wide variety of purposes. We use them, for example, to remember your safe search, to select relevant ads, to track the number of visitors to the site, to facilitate the registration of new services and to protect your data.
In Pardubice on October 1, 2015