Terms and Conditions of the shop Sinium.cz, operated by the company Sinium, s.r.o.,,
I. INTRODUCTORY PROVISIONS
These business conditions (hereinafter referred to as “business conditions”) of the business company Sinium, sro, with its registered office at Mariánské náměstí 617/1 Komárov, 617 00 Brno, IČ: 07757484. Hereinafter referred to as the “seller”) or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller at the internet address www.sinium.cz, via a web interface (hereinafter referred to as the “web interface of the shop”).
The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller’s website located at www.sinium.cz (hereinafter the “Website”) and other related legal relationships. The Terms and Conditions do not apply to cases where the person who intends to buy goods from the seller, acts when ordering goods within its business activities.
Provisions deviating from the business conditions can be agreed in the purchase contract.
The provisions of the terms and conditions are an integral part of the purchase agreement.
The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
Based on the buyer’s registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as “user account”). The buyer can also order goods without registration directly from the web interface of the store.
When registering on the website and re-ordering the goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for breach of this obligation by the buyer.
The buyer is not entitled to allow the use of the user account by third parties.
The seller may cancel the user account, especially if the buyer has not used his user account for more than 2 years, or if the buyer violates his obligations under the purchase agreement (including business conditions).
The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
II. CONCLUSION OF THE PURCHASE AGREEMENT
The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including value added tax and all related fees. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.
The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
– the ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface),
– the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods
– information on the costs associated with the delivery of the goods (hereinafter collectively referred to as “orders”).
Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer’s ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the “Completion of the order”. The data provided in the order are considered correct by the seller. only “buyer’s email address”).
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 (for example, in writing or by telephone).
The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including business conditions).
By concluding the purchase contract, the buyer declares that he is over 18 years of age. The seller reserves the right to cancel the order in case of doubts about the fulfillment of the age of majority of the buyer, mainly when buying tobacco products.
The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.
III. PRICE OF GOODS AND PAYMENT TERMS
1. The price for the goods is known to the customer in advance. The price of each product is listed on the web interface www.sinium.cz. The final price of the order is the sum of the prices of the products that the buyer has chosen and the fees for the method of payment and method of delivery. All fees are listed in the order form and enter the final price. All prices include VAT.
2. The customer has the option to choose the method of payment and the method of delivery in the order form. If the method of payment or the method of delivery affects the final price, the amount of the fee is stated in the order form and the fee enters the final price.
3. The buyer can pay in cash on delivery upon receipt of the goods. Furthermore, the buyer has the option to pay cashless by transfer to the seller’s account or through a payment gateway.
4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
5. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
IV. DELIVERY OF GOODS AND TERMS OF DELIVERY
The seller will confirm the receipt of the order to the customer by e-mail. The goods are usually shipped within five working days of receiving the order (or in the case of payment in advance from the crediting of the amount to the seller’s account). In the event that the goods are sold out, the seller will notify the buyer and agree on the next step.
The method of delivery of goods and the associated fees are defined for each individual order form. The customer has the option to select the method of payment and the method of delivery in the order form. If the method of payment or the method of delivery affects the final price, the amount of the fee is stated in the order form and the fee enters the final price.
In the case of sending the ordered goods via the Czech Post, the maximum weight of one shipment is 20 kg. When picking up in person in Prague, the weight of the ordered goods is not limited.
The buyer is obliged to take over the goods from the carrier properly, check the integrity of the packaging and immediately notify the carrier of any defects. In case of finding a violation of the packaging indicating unauthorized entry into the consignment or its obvious damage due to careless handling, the buyer is advised not to accept the consignment.
By concluding the purchase contract, the buyer is obliged to take over the ordered goods. If the buyer violates this obligation, he is liable for any damage caused to the seller. The buyer and the seller hereby agree that in the event that the buyer does not accept the shipment sent by cash on delivery and it will be returned, the seller will pay compensation to the seller only in the lump sum of CZK 500. The seller declares that he will not claim compensation in the actual amount consisting of labor costs, removal, packaging, invoicing, shipping, postage, unpacking, issuing a credit note, storage, lost profit, etc., but only the agreed flat rate compensation. The above agreed amount of CZK 500 is payable within 15 days from the moment the ordered shipment was handed over to the first carrier.
V. Information security and protection
The seller declares that all personal data is confidential, will be used only to perform the contract with the buyer and will not be otherwise disclosed, provided to a third party, etc., except for situations related to distribution or payment relating to the ordered goods (name and delivery address) ).
The e-shop operator as a controller of personal data (hereinafter referred to as the “Administrator”) hereby complies with the provisions of Article 13 of Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 hereinafter referred to as the “Regulation”), informs its customers (hereinafter referred to individually as the “Data Subject”) that:
1. Personal data of the Data Subject, which will be handed over to the Administrator when sending the order, will be processed for the purpose of concluding the purchase contract and its subsequent performance, including the settlement of any claims of the Data Subject from defective performance. The legal basis for the processing of the Data Subject’s personal data is therefore the fulfillment of the purchase contract established by the Data Subject’s order and at the same time the fulfillment of the Administrator’s legal obligations under legal regulations governing rights and obligations in connection with consumer protection and bookkeeping.
2. The reason for providing personal data to the Data Subject to the Administrator is the identification of the contracting parties necessary for the conclusion and performance of the purchase contract, which would not be possible without the provision of such data.
3. Personal data of the Data Subject will be processed for the period during which the Administrator is obliged to store this data in accordance with generally binding legal regulations, ie for at least 5 years according to the Accounting Act or for 10 years according to the VAT Act.
4. There will be no automated decision-making or profiling when processing personal data of the Data Subject.
5. The controller has not appointed a data protection officer or appointed a representative to perform the obligations under the Regulation. The data subject’s personal data may be provided to the delivery service provider selected by the data subject, as well as to persons who provide legal and accounting services to the Administrator in order to ensure proper fulfillment of obligations stipulated by generally binding legal regulations. The Controller does not intend to transfer the personal data of the Data Subject to other persons, to a third country, to an international organization or to other third parties.
6. The data subject has the right to request from the Controller access to his personal data, their correction or deletion, or restrictions on processing, and to object to the processing, has the right to transfer this data to another controller, as well as the right to file a complaint with the Office for Personal Data Protection. data, if he considers that the Controller is processing the personal data in violation of the Regulation.
VI. WITHDRAWAL FROM THE CONTRACT
The consumer is entitled to withdraw from the contract within 14 days of taking over the performance in accordance with the provisions of § 1829 para. 1 NOZ.
The buyer undertakes that if he exercises his right to withdraw from the contract, he will send undamaged goods showing no signs of use to the seller’s address, in the original packaging and with all accessories and documentation, secured so that it cannot be damaged during transport. The seller recommends insuring the shipment. It also explicitly states that parcels sent by cash on delivery cannot be accepted. In this case, the transport costs are borne by the customer.
Before sending any goods back, the customer is obliged to inform the supplier of this fact by e-mail to the e-mail address firstname.lastname@example.org.
When withdrawing from the contract, it is necessary to state your name and surname, order number and contact (e-mail or telephone) and submit the original or a copy of the proof of purchase. Shipments that do not show why they were sent to us will be returned to the sender.
After receiving the returned goods, the seller undertakes to send the purchase price back to the customer’s bank account or invoicing address, no later than within 30 days.
The seller is entitled to withdraw from the contract until the time of dispatch of the goods, in case of unavailability of goods, significant changes in the price of goods. However, before withdrawing, the seller is always obliged to contact the buyer in order to agree on further action.
In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer, the procedure is in accordance with the provisions of Section 616 of the Civil Code.
VII. WARRANTY AND COMPLAINTS
The warranty for goods sold through the e-shop is governed by and complies with applicable law. If the buyer is a consumer and if the period is not specified in the warranty card, the warranty period is 24 months from receipt of the goods. If the period of use of the item is marked on the item sold, its packaging or the instructions attached to it in accordance with special legal regulations, the warranty period expires at the end of this period.
The warranty does not cover wear and tear caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed.
Depending on the nature of the defect, the buyer has the following rights when making a complaint:
If it is a defect that can be removed, the buyer has the right to have it rectified free of charge, in a timely and proper manner, and the seller is obliged to eliminate the defect without undue delay. If this is not disproportionate due to the nature of the defect, the buyer may request the replacement of the item, or if the defect concerns only a part of the item, the replacement of the part. If such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract.
In the case of an irremediable defect preventing the proper use of the goods, the right to exchange defective goods or withdrawal from the purchase contract, the buyer has the same rights if the defects are remediable, but if the buyer can not use the thing properly. A recurrence of a defect is considered to have occurred if the same defect preventing proper use, which has already been rectified at least twice during the warranty period, occurs again. A larger number of defects is understood if the item has at least three defects preventing its proper use at the same time.
If other defects are irremediable and the consumer does not request an exchange of the item, he is entitled to a reasonable discount on the purchase price or withdrawal from the purchase contract.
In the event of a complaint, the buyer is obliged to submit proof of purchase and fill in the accompanying letter.
In the case of a justified complaint, the buyer has the right to reimbursement of costs associated with the complaint (especially postage, which he paid when sending the claimed goods). In the event of withdrawal from the contract due to a defect, the consumer is also entitled to reimbursement of the costs of such withdrawal. In the event of an unjustified complaint, the goods will be sent back to the customer at his expense. The costs associated with the transport of goods to the customer after the settlement of a justified complaint are paid by the seller.
If the goods are exchanged under warranty, the warranty period starts again from the receipt of the new product. After the settlement of a justified complaint, the warranty period is extended by the duration of the complaint procedure (this period begins on the day following receipt of the goods and ends on the day of settlement of the complaint – not the date of collection of the goods by the customer).
I agree to the processing of my contact details (name, surname, address, telephone, e-mail, IP address) by Sinium, s.r.o ,. in order to offer the services and products of Sinium, s.r.o.
I confirm the acquaintance with the content of the Principles of Personal Data Processing and with the instruction on how Sinium, s.r.o. processes my personal data, about my rights, about the possibility to revoke this consent and that I can obtain the current version of the rules at any time on the website, www.sinium.cz
IX. FINAL PROVISIONS
The seller reserves the right to change the terms and conditions. The changed conditions will be announced in a suitable way on the website www.sinium.cz.
All orders that are sent by the buyer to the online store www.sinium.cz are considered binding. By sending the order, the buyer voluntarily and unconditionally accepts and agrees with all provisions of these general terms and conditions and warranty and is aware of all rights and obligations arising from them.
These conditions take effect on 11.11.2019