General terms and conditions for purchase in this internet store.

Genereal provisions

The terms and conditions are part of the Contract of Sale and govern relations between the seller on the one hand and the buyer on the other. All contractual relations are concluded in accordance with laws of the Czech Republic. If the contractual party is a buyer who is a consumer, the reations between the seller and buyer in the Mirell eshop are governed by these terms and conditions and the mandatory provisions of Act No. 40/1964 Coll., the civil code and Act No. 634/1992 Coll. on consumer protection, all in the valid wording. If the contractual party is a buyer who is not a consumer, the relations between the seller and buyer are governed by these terms and conditions and Act No. 513/1991 Coll. on consumer protection, all in valid wording. 

Definition of terms

Consumer contract - Buying contract, possibly other contract according to civil code if contractual sides are consumer on the one side and the seller on the other.

Supplier (Seller) is a person who at the conclusion of contract is acting in the framework of their commercial or other business activities.

Consumer (Buyer) is a person who in the conclusion and performance of the contract is not acting in framework of their commercial or other business activities. They are a natural person who purchases products or services for purposes other than trading in such products or service.

Buyer who is not a consumer is a person who, in the conclusion and performance of the contract, is acting in the framework of their commercial or business activities and who buys products or uses services for their business.

Contract enclosure - Byuers purchase order is a draft of contract and the contract itself is enclosed in the moment of delivering obligatory agreement to this draft from seller to buyer. Mutual laws and commitments are applied since this moment.

Terms of delivery

Date of delivery will be always confirmed by email. In case of cashless payment, we will send the delivery after the transfer is done. In case the product is not available at the moment, you will be noticed. In case of product being sold out, seller is allowed to cancel the contract.
Consumer is always noticed via email including package number when you choose “cash on delivery” payment method.

Postage

Scale of charges for delivery and payment options on this information page.
Packing is not charged.

Guarantee and claims

Guarantee period for customers is according to civil code 24 months from goods acceptance. Procedure during goods reclamation is solved according to reclamation code. If the buyer is not a customer, guarantee period is 6 months according to commercial code.

Withdrawal from the contract made thru long distance communication means.

If the buyer is a consumer, he has the right under article 53 paragraph 7 of the civil code to return the goods to the seller within 14 days of their receipt without giving any reason, undamaged and in the following cases with the packaging intact at their own expense, thus they have the right to withdraw from the concluded contract without giving any reasons and without any penalty.
Please, make sure the goods are in original state. In case the packaging is damaged, the expanses on cover these damages will be on you.

If you are sending our good back, please use suitable flat card box, to prevent the damage during transport. We also advise to insure the goods. The buyer is committed to cover the damage made in consequence of choosing inappropriate casing. In that case the refunded amount will shorted equally to this expenses.

Do not send the goods back thru “cash on delivery” method - Goods sent this way will not be accepted!

14 days period is not available for buyer who is not a customer.

Claim policy

General provisions

The provision of a warranty, the warranty period and settlements of claims are governed by the Act No. 40/1964 Coll. the civil code and Act No. 634/1992 Coll. the consumer protection and other legislation governing this area. In case the buyer is enterpriser, it is governed by the Act No. 513/1991 Coll. commercial code.

Claim policy is able to apply only on damaged goods which is guarantee period, otherwise it is in dirrect conflict with contract of sale.

Guarantee

All our products are in 24 months guarantee period since delivery for consumers and 6 months guarantee period for non-consumer buyers. If the product happens to be flawed, send the product along with bill of delivery or any other document proving the purchase of product. State the flaws and you may also suggest manner of reclamation. Otherwise the claim will be solved according to the law.

Your reclamation will be processed in 30 days since its delivery. Guarantee is not applied to goods with passed guarantee period. Furthermore the guarantee is not applied to the goods worn-out  due to its usual usage and to damages caused by improper maintainance or handling. All products are going thru careful quality control. Seller is obliged to provide guarantee list if consumer asks for it. If longer then lawful guarantee is provided, its terms and extension will be described in the guarantee list. The customer has right to claim refund for postage in case of rightful reclamation. In case of unjustified reclamation, the customer has no right to claim refunds for reclamation expanses.

Rights resulting from rightful guarantee

Time the product spent in service is added to the guarantee period. In case of goods exchange, buyer gets new 24 months long guarantee.

Depending on the nature of flaw, consumer has following rights:

  • If the flaw is removable, consumer has right for early and thorough flaw removal free of charge. Consumer has also right to exchange flawed goods or flawed part if it is accurate due to its nature. If it is not possible, customer has right for discount from buying price or to withdraw from  contract.
  • If the flaw is irremovable and is preventing from proper usage, customer has right to exchange the product or to withdraw from contract.
  • If the flaws are removable and appearing in larger count or repeatedly preventing from proper usage, customer has right to exchange flawed goods or to withdraw from contract.
  • If the flaws are different nature, irremovable and customer do not request exchange of goods, he has right to accurate discount from buying price or to withdraw from contract.

Compliance with the Purchase Contract

The Supplier represents to the Customer that the item being sold is in compliance with the Purchase Contract at the time of its take over by the Customer, i.e. that it is namely free of any defects. Compliance with the Purchase Contract shall be understood namely that the item being sold is of the quality and utility properties specified by the Contract and described by the Supplier or the manufacturer, or expected based on the advertising conducted by them, that it is of the quality and utility properties usual for the item of the relevant type respectively and that it complies with the requirements of legal regulations and the purpose specified for the item by the Supplier or for which the item is usually used.
Should the item not be in compliance with the Purchase Contract (hereinafter only „a conflict with the Purchase Contract“) at the time of its take over by the Customer, the Customer shall be entitled to restoration of the item into a condition complying with the Purchase Contract by the Supplier free of charge and without any undue delay, either by replacement of the item or its repair, per the Customer’s request. Should such a process be impossible, the Customer may claim an adequate discount from the price of the item or he/she may withdraw from the Contract. This shall not be applicable should the Customer be aware of the conflict with the Purchase Contract before the item take over or should he/she cause the conflict with the Purchase Contract himself/herself.

Personal data safety

All personal data are treated in accordance with  privacy policy protection Act No. 101/ 2000 coll.  Customer with his free choice (clicking “finish registration” button) signs, that he is aware of all above mentioned circumstances and agrees with further personal data processing by keeper of these webpages for business activity.
Providing your personal data is voluntary, you have full access and protection in extension stated by the law.
This agreement can be void with written statement anytime.
Keeper of this webpages (who is also online store-keeper) is administrator and processor of personal data in above mentioned Act. These webpages contains valid online store-keeper I.D. as well as updated customer contact list.

Terms of  trade in accordance with customer association.
Modification in terms of trade, transport rate and claim policy reserved in accordance with valid law.
 


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25. 11. 2013

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