General Terms and Conditions
I. Basic provisions
These general business conditions regulate the relations between the contracting parties to the purchase contract, where on the one hand the operator of the e-shop Cover King Group sro, Areal ZD, Rokytnice nad Rokytnou 675 25, IČO29301912 as the seller and on the other is the buyer, who can also be a consumer. .
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a purchase contract with the seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.
Legal relations between the seller and the consumer not explicitly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both in the valid and effective wording, as well as related regulations.
a person registered in the Commercial Register,
a person who conducts business on the basis of a trade license,
a person who conducts business on the basis of a license other than a trade license in accordance with special regulations.
a person who carries out agricultural production and is registered in accordance with a special regulation.
Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.
By placing an order, the Buyer confirms that he has read these GTC, an integral part of which is the Complaints Procedure and the document "Mode of Transport", and that he agrees with them, as amended and effective at the time of sending the order.
The buyer is aware that the purchase of products that are in the seller's business offer does not create any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order by the buyer consumer and the acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative email to the specified email, but this confirmation does not affect the formation of the contract. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds. For an exception to this procedure, see section V. Ordering.
If the buyer is an entrepreneur, the proposal for concluding the purchase contract is the sent order of goods by the buyer entrepreneur and the purchase contract itself is concluded at the moment of delivery of the seller's binding consent to the buyer entrepreneur with this proposal.
Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the applicable law of the Czech Republic and will be resolved by the courts of the Czech Republic. This does not affect cases where the buyer is a consumer and has his habitual residence in a state other than the Czech Republic and the choice of law or court prorogation will not be permissible.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the needs of the buyer, it applies that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
The concluded contract is archived by the seller for at least five years from its conclusion, but no longer than for the period according to the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These GTC are available on the websites www.misutonida-shop.cz, www.misutonida-shop.sk, www.misutonida-shop.eu and thus their archiving and reproduction by the buyer is enabled.
The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer.
II. 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 marketing events of the Seller and will not be otherwise disclosed, provided to a third party, etc. except in situations related to distribution or payment relating to the ordered goods delivery address). The seller shall act in such a way that the data subject does not suffer damage to his rights, in particular the right to respect for human dignity, and also takes care to protect against unauthorized interference with the data subject's private and personal life. Personal data that is provided voluntarily by the buyer to the seller in order to fulfill the order and marketing events of the seller are collected,processed and stored in accordance with the valid laws of the Czech Republic, in particular with Act No. 101/2000 Coll., on the protection of personal data, as amended and effective. The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the purchase contract and use for marketing purposes of the seller (especially for sending commercial messages, telemarketing, sms), until his written disagreement with such processing sent to the address Cover King Group sro, Areal ZD, Rokytnice nad Rokytnou 675 25. In this case, the electronic form is also considered to be a written statement, especially through the contact form on the websites www.misutonida-shop.cz, www.misutonida-shop. sk, www.misutonida-shop.eu. The buyer has the right to access his personal data and the right to correct them (via the quoted contact form), including the right to request an explanation and removal of the defective condition and other legal rights to this data.
III. Opening hours
Orders through the seller's online stores: 24 hours a day, 7 days a week
All prices are negotiable. There are always current and valid prices in the online e-shop. The special prices are valid until the stock is sold out, stating the number of pieces of special offer goods or for a specified period of time.
The buyer will receive the goods at the price valid at the time of ordering. The buying consumer has the opportunity to get acquainted with the total price, including VAT and all other fees, before placing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods. The buying consumer has the opportunity to get acquainted with the fact before placing the order, for how long the offer or price remains valid.
You can order in the following ways:
through the electronic shop at www.misutonida-shop.cz, www.misutonida-shop.sk, www.misutonida-shop.eu (hereinafter referred to as "e-shop")
by e-mail at firstname.lastname@example.org
The seller recommends that the buyer place orders through the e-shop.
VI. Withdrawal from the contract
Withdrawal from the contract by the buyer, who is a consumer
The purchasing consumer has the right in accordance with § 53 par. 7 civ. withdraw from the contract within 14 days of receipt of the goods, if the contract was concluded by means of distance communication. If the consumer decides to exercise this right, he must deliver the withdrawal from the contract to the seller no later than the 14th day after receipt of the goods. The seller has the right to compensation for the costs actually incurred in connection with the return of the goods, as well as to compensation for any mechanical damage to the product.
Withdrawal from the contract - the goods must be delivered to the address:
Cover King Group s.r.o., Areal ZD, Rokytnice nad Rokytnou 675 25, Czech Republic
The buyer-consumer should return the goods complete, with complete documentation, undamaged, clean, unused, if possible including the original packaging, in the condition and value in which he received the goods. In the event that the returned goods are incomplete or damaged, the seller may reduce the returned purchase price by the corresponding amount (in accordance with § 458 paragraph 1 of the Civil Code).
The money for the returned goods will be returned to the buyer consumer within 30 days of withdrawal.
Except where withdrawal is expressly agreed, the consumer may not withdraw from the purchase contract:
for the provision of services, if their performance was started with his consent before the expiry of the period of 14 days from the acceptance of the performance,
for the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller,
for the delivery of goods tailored to the consumer's wishes or for him - custom-made goods (hardtops and superstructures painted in the color of the car, protective frames, treads and all Misutonida products made to order), as well as goods that are subject to rapid destruction, wear or obsolescence ,
for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging,
for the supply of newspapers, periodicals and magazines,
consisting of a game or lottery,
If the buyer decides to withdraw within the specified period, we recommend to expedite the settlement of the goods to the seller's address together with the attached cover letter with possible reason for withdrawal from the purchase contract (not a condition), purchase document number and bank account number or , whether the amount will be withdrawn in cash or whether it will be drawn for the next purchase.
The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract is concluded between the seller and the buyer on the condition that if the consumer's right to withdraw from the contract is exercised under § 53 paragraph 7 of the Civil Code. z., the gift contract loses its effect and the buyer is obliged to return the gifts provided in connection with the returned goods. In the event that these are not returned, these values will be understood as unjust enrichment of the buyer.
When all the above conditions are met for a refund the consumer is the buyer, the moment of taking over the goods by the consumer from the seller resp. acceptance from the carrier.
As proof of warranty (warranty card), the seller issues a purchase document (invoice or seller - hereinafter warranty card) for each purchased goods with all the necessary data for the application of warranty (especially the name of goods, length of warranty, price, quantity, or and the serial number of the product, if the product is equipped with it).
II. Length of warranty
The warranty period generally begins on the day the goods are taken over by the buyer, ie on the day stated on the warranty card.
When selling consumer goods, the statutory warranty period is 24 months * for consumers **, unless a special legal regulation stipulates a longer period. The seller may extend this statutory period. The length of the warranty period is always marked on the warranty card. The warranty period consists of the statutory period (24 months) and, if applicable, the extended warranty period. The warranty period is further extended by the time for which the goods were in the complaint. The rights from the liability for defects of the goods for which the warranty period applies shall expire if they have not been exercised during the warranty period.
If the buyer is a consumer, within the statutory warranty period, the complaint is governed by Act No. 40/1964 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection, both acts in the valid and effective wording, taking into account specification in these Complaints Rules. In the case of an extended period, the complaint is governed exclusively by these Complaints Rules.
* An exception may be made for goods sold at a discount (damaged, used, incomplete goods, etc. - such a characteristic is always given for the goods - if not, they are considered to be new, undamaged and complete goods). If the buyer is a consumer and if the goods are used, the seller is not liable for defects corresponding to the degree of use or wear that the thing had when taken over by the buyer, and the rights from liability for defects of the thing expire if not exercised within 12 months from receipt buyer. This time shall be stated by the seller in the document on the sale of the item and sufficiently significantly also in the offered goods and in the order confirmation. For items sold at a lower price due to a defect or incompleteness, the warranty does not apply to defects for which a lower price has been agreed.
III. Warranty conditions
I. When sending the goods, the buyer is recommended to immediately check the condition of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) together with the carrier according to the enclosed consignment note. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract, provided that the shipment is, for example, incomplete or damaged. If the buyer accepts such a damaged shipment from the carrier, it is necessary to describe the damage in the handover protocol of the carrier and to obtain photo documentation.
II. Incomplete or damaged shipment must be reported immediately by e-mail to the address: email@example.com, write a damage report with the carrier and send it without undue delay by fax, e-mail or mail to the seller. An additional claim for incompleteness or external damage to the shipment does not deprive the buyer of the right to complain about the item, but gives the seller the opportunity to prove that this is not a breach of the purchase contract.
III. The buyer can send defective goods for complaint by transport service to the address of the seller's office or authorized service. The claimed goods should be thoroughly secured to prevent damage during transport, the package should be visibly marked "COMPLAINTS" and contain: the claimed goods (including complete accessories), we recommend enclosing a copy of the purchase document, detailed description of the defect and sufficient contact information buyer (especially return address and phone number). Without the above, it is impossible to identify the origin and defects of the goods. This procedure is also recommended to the buyer consumer, unless he proves and documents the stated facts otherwise. Address for sending a complaint Cover King Group s.r.o., Areal ZD, Rokytnice nad Rokytnou 675 25
In the case of a discount, the goods cannot be claimed later for the defect for which the discount was provided.
In the event of a complaint about defects in the product caused by assembly or installation, the buyer is obliged to file a complaint with the seller who performed the assembly.
IV. Final Provisions
This complaint procedure is valid from July 25, 2015 and cancels the validity of previous complaint procedures. This complaint procedure is available as a document at www.misutonida-shop.cz, www.misutonida-shop.sk, www.misutonida-shop.eu
General Terms and Conditions