Terms and Conditions

Commercial conditions companies Diametral a.s.

with registered office at Václava Špačka 1759, 193 00 Prague 9 - Horní Počernice

Identification number: 04434374, VAT number: CZ04434374

registered in business registry led by MS in Prague under file stamp ​B20964

and society Diametral obchodní společnost s.r.o.

with registered office at Václav Špaček 1759, 193 00 Prague 9 - Horní Počernice

Company ID: 07716435, VAT number: CZ07716435

registered in business registry led by MS in Prague under file stamp ​C 306165

for sale goods through the online store placed on internet at "www.hobbytechnik.cz"

1. INTRODUCTORY PROVISIONS

1.1. These business conditions ( further just “ business terms “ ) business companies Diametral a.s. , with registered office at Václava Špačka 1759, Prague 9 - Horní Počernice , identification number : 04434374, registered in the commercial registry led by MS in Prague under file stamp ​B20964, a commercial companies Diametral obchodní společnost s.r.o. , with registered office at Václava Špačka 1759, Prague 9 - Horní Počernice, identification number : 07716435, registered in the commercial registry led by MS in Prague under file stamp ​C306165 ( further only " seller " ) adjust in accordance with the provisions of § 1751 par . 1 of Act No. 89/2012 Coll., civil code ( further just " civil code " ) mutual rights and obligations contractual hillside arising in connection or on basis purchase contracts ( further only " purchasing contract ") concluded between the seller and another physical person ( further just “ buyer ”) through internet trade the seller . Internet the store is the seller operated on web page placed on internet address ( further just " web page “ ), through interface web pages ( below just " web interface trade ').

1.2. Commercial conditions do not apply on cases where​ person who​ he intends​ buy goods from of the seller , is a legal entity person whose by a person who acts at ordering goods within​ yours entrepreneurial activities or within​ your own independent performance profession .

1.3. Provision deviant from commercial conditions is possible to arrange in the purchase contract . Deviant purchase agreement​ contract they have preference before provisions commercial conditions .

1.4. Provision commercial conditions they are indivisible included purchase contracts . Buying contract and commercial conditions they are made in Czech language . Buying contract you can conclude in Czech language .

1.5. Wording commercial conditions can the seller to change whose to supplement With this provision they are not affected rights and obligations formed over time effectiveness the previous one wording commercial conditions .

2. user account

2.1. Based​ registration the buyer performed on web page can buyer access your own user interface . Of your own user interface can buyer to perform ordering goods ( further just " user account " ). If it 's web​​ interface trade allows , can buyer to perform ordering goods also without registration directly from the web interface trade .

2.2. At registration on web page and at ordering the goods are the buyer obligated state correctly and truthfully all data . Data specified in the user the account is the buyer at any their change obligated update . Data listed by the buyer in the user account and at ordering goods they are by the seller considered correct .​

2.3. Access to the user account is secured user name and password . The buyer is obliged to preserve secrecy regarding information necessary to access it​ user account .

2.4. Buyer it isn't authorized enable exploitation user account the third persons .

2.5. Seller can cancel user account , especially in the case when buyer its user account longer than does not use , or in case when buyer will violate yours purchase obligations​ contracts ( incl commercial conditions ).

2.6. Buyer takes on awareness that​ user account doesn't have to be available continuously , especially with regard to on necessary maintenance hardware and software equipment the seller , or necessary maintenance hardware and software equipment third parties persons .

3. closing purchase contracts

3.1. All of them presentation goods placed in web interface the store is informative character and seller it isn't obligated conclude purchase contract regarding this goods . The provisions of § 1732 par . 2 civil the Code does not apply .

3.2. Web interface trade contains information about the goods , including induction prices individual goods . Prices goods they are said including taxes on added values and all related fees . Prices goods remain in effect for as long as they are displayed in web interface trade . With this provision it isn't limited possibility the seller conclude purchase contract for individually agreed upon conditions .

3.3. Web interface trade contains also cost information​ associated with packaging and delivery goods . Cost information​ associated with packaging and delivery goods listed in web interface trade applies only in cases where the goods are delivered within​ area Czech of the Republic .

3.4. To order goods will fill buyer order form in web interface trade . Made to order form contains especially information about:

• 3.4.1. ordered goods ( ordered the goods are " inserted " by the buyer into the electronic shopping basket web interface store ),
• 3.4.2. way payments purchase prices goods , information about the requested way delivery ordered goods a
• 3.4.3. cost information​ associated with delivery goods ( further together just as " order " ).

 

3.5. Before by sending orders the seller is the buyer enabled check and change data that to the order buyer inserted , even with regard to on possibility the buyer find out and to repair mistakes originated at entering data in the order . Order will send buyer to the seller by clicking on " " button . Data specified in the order they are by the seller considered correct .​

3.6. Dispatch order is considered as such act the buyer who undoubted way identifies ordered goods , purchase price , person buyer 's method payments purchase prices , and is for contractual parties binding by design purchase contracts . A condition validity the order is filled all of them mandatory data in the order forms , familiarization with these business conditions on web page and confirmation the buyer about being with these business conditions introduced .

3.7. Seller immediately upon receipt order this receipt to the buyer will confirm electronic by post , to address electronic mail the buyer specified in the user interface or in the order ( further only " electronic address buyer's " ).

3.8. The seller always is entitled in dependence on character orders ( quantity goods , above purchase prices , assumed costs on transport ) request the buyer for additional confirmation orders ( eg in writing whose by phone ).

3.9. Proposal purchase contracts in form orders has validity fifteen days .

3.10. Contractual relationship between seller and buyer arises by delivery adoption order ( acceptance ), which is the seller sent to the buyer electronic by post , to address electronic mail the buyer .

3.11. In case that​ any of the requirements specified in the order can not the seller fulfill , will send to the buyer on electronic address the buyer amended offer with indication possible order variants and requests you are opinion the buyer .

3.12. Amended the offer is considered new proposal purchase contracts and purchases the contract is in such the case closed until acceptance the buyer through electronic mail .

3.13. Buyer agree to use communication resources on distance at closing purchase contracts . Costs originated to the buyer at use communication resources on distance in connection with the closing purchase contracts ( costs on internet connection , costs on telephone calls ) si pays buyer himself , while these costs do not vary from basic rates .

4. price goods and Payment conditions

4.1. The price goods and any costs associated with delivery goods according to purchase contracts can buyer defray to the seller the following ways :

• 4.1.1. in cash at the establishment the seller on address ;
• 4.1.2. in cash on cash on delivery on site designated by the buyer in the order ;
• 4.1.3. cashless transfer on account the seller number 272097176/0300, maintained by ČSOB as ( hereinafter just “ account of the seller " );
• 4.1.4. cashless through payment system ;
• 4.1.5. cashless payment by card ;
• 4.1.6. through loan provided third by a person .

4.2. Along with the purchase the price is the buyer obligated pay to the seller also costs associated with packaging and delivery goods in contracted the amount of . If not specified expressly otherwise , is understood below purchase price and costs associated with delivery goods .

4.3. Seller does not require from the buyer deposit whose other similar payment . With this it isn't affected provision Art . 4.6 commercial conditions regarding responsibilities defray purchase price goods in advance .

4.4. When​ cash payments​ or in case payments on cash on delivery is a purchase price payable at taking over goods . When​ cashless payment is purchase price due within days from closure purchase contracts .

4.5. When​ cashless payment is made by the buyer obligated reimburse purchase price goods together with introduction variable symbol payments . When​ cashless payment is a liability the buyer defray purchase price fulfilled moment attribution respectively amounts on account the seller .

4.6. The seller is entitled , especially if by​​​ the buyer there will be no additional confirmation order ( Article 3.6), request reimbursement whole purchase prices still before by sending goods to the buyer . The provisions of § 2119 par . 1 civil the Code does not apply .

4.7. Eventual price discounts​ goods provided by the seller to the buyer can't each other to combine

4.8. If it is in business intercourse usually or if so established in general binding legal regulations , will issue the seller regarding payments carried out on basis purchase contracts to the buyer tax document - invoice . Seller payer taxes on added values . Taxable document - invoice will expose the seller to the buyer after payment prices goods and sends it in electronic form on electronic address the buyer .

5. withdrawal from the purchase contracts

5.1. Buyer takes on awareness that​ according to provisions of § 1837 civil of the Code , it is not possible outside other resign from purchase contracts :

• 5.1.1. about delivery the goods of which price it depends on deviations financial market independently on the will the seller and to whom can milk during deadlines for withdrawal from contracts ,
• 5.1.2. about delivery alcoholic drinks that​ they can be delivered only after the expiry thirty days and whose price it depends on deviations financial market independent on the will the seller ,
• 5.1.3. about delivery goods which​ was adjusted according to washing the buyer or for his person
• 5.1.4. about delivery goods which​ subject to fast destruction , as well and goods which​ was after delivery irreversible mixed with another goods ,
• 5.1.5. about delivery goods in closed packaging which​ buyer from the package exempted from hygiene reasons him it isn't possible to return
• 5.1.6. about delivery audio or pictorial recordings or computer program if​ violated their original cover ,
• 5.1.7. about delivery newspapers , periodicals or magazines ,
• 5.1.8. about delivery digital content if​ he wasn't delivered on material carriers and was supplied with the previous one explicit I agree the buyer before expiration deadlines for withdrawal from contracts and the seller before closing contracts he communicated to the buyer that in such the case doesn't have right on cession from contracts .

5.2. If this is not the case mentioned in art . 5.1 or another​ the case when can't from purchase contracts resign , has the buyer in accordance with the provisions of § 1829 par . 1 civil the code right from purchase contracts withdraw within fourteen (14) days from taking over goods , while in the event that the subject purchase there are several contracts kinds goods or delivery several parts , runs this period from day taking over last supplies goods . Withdrawal from purchase contracts must be to the seller sent in deadline mentioned in the previous sentence .

5.3. For withdrawal from purchase contracts can buyer use exemplary form provided by the seller , who make up attachment commercial conditions . Withdrawal from purchase contracts can buyer send outside other on address establishments or headquarters the seller . For delivery cession from contracts applies provision Art . 11 of these commercial conditions .

5.4. When​ cession from purchase contracts according to Art . 5.2 commercial conditions are purchased contract from the beginning cancels . Goods must be to the seller returned within fourteen (14) days from cession from contracts to the seller . If the buyer withdraws from purchase contracts , carries buyer costs associated with the return goods to the seller , even in the case when goods can not be returned for his nature usual postal on the way

5.5. When​ cession from contracts according to Art . 5.2 commercial conditions will return the seller monetary means accepted from buyer within fourteen (14) days from cession from purchase contracts by the same buyer the way the seller is from the buyer accepted . The seller is also authorized return fulfillment provided by the buyer already at return goods by the buyer whose to others way if with that​ buyer will be agree and will not arise by that to the buyer next costs . If the buyer withdraws from purchase contract , seller it isn't obligated return accepted monetary means to the buyer before the buyer​​ goods will return or proves that​ goods to the seller sent by .

5.6. Claim on payment damage originated on the goods are the seller authorized unilaterally to count against claim the buyer on return purchase prices .

5.7. Until​ taking over goods the buyer is the seller authorized at any time from purchase contracts resign . In such the case will return the seller to the buyer purchase price without unnecessary postponement , without cash on account designated by the buyer .

5.8. If it is together with the goods provided to the buyer a gift is a gift contract between seller and buyer closed with a decoupling provided that​ if withdrawal occurs from purchase contracts to the buyer , forfeits donation contract regarding like that a gift effectiveness and the buyer is obliged together with the goods to the seller return and provided a gift .

6. Carriage and Delivery goods

6.1. If there is a way​ transport contracted on basis special request the buyer bears buyer risk and potential additional costs associated with this way transport .

6.2. If the seller according to purchase contracts obligated to add goods on place determined the buyer in the order is the buyer obligated assume goods at delivery .

6.3. If it is for reasons​ on side the buyer necessary goods deliver repeatedly or to others way than​ was stated in the order , is the buyer obligated defray costs associated with repeated by delivery goods , or costs associated with another way delivery .

6.4. At taking over goods from the carrier is the buyer obligated check integrity packaging goods and in case any fix this problem immediately announce carriers . When​ reunion violation packaging testifying to the unauthorized tampering with the shipment doesn't have to buyer shipment from transporter take over

7. Rights from Vadné fulfillment

7.1. Rights and obligations contractual hillside regarding rights from the defective one fulfillment is governed relevant in general binding regulations ( in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the civil of the Code ).

7.2. Seller he answers to the buyer that goods at taking over doesn't have defects . Especially the seller he answers to the buyer that at the time when buyer goods took over by :

• 7.2.1. has goods properties which​ you are parties have agreed , and if there is no agreement , it has such properties which​ the seller or manufacturer described or which buyer expected with regard on nature goods and on basis advertisements by them carried out
• 7.2.2. with goods fit for purpose which for his​ use the seller states or to to whom the goods this kinds usually using ,
• 7.2.3. goods he answers quality or implementation contracted sample or of the original , if the quality was or implementation determined according to contracted sample or templates ,
• 7.2.4. is the goods in the corresponding quantity , measure or weight a
• 7.2.5. goods suits requirements legal regulations .

7.3. Provision mentioned in art . 7.2 commercial conditions do not apply to goods sold for less price on defect for which she was lower price arranged , on wear and tear goods caused his usual by use , at used goods on defect corresponding measure usage or wear and tear which goods had at taking over by the buyer , or if it follows from nature goods .

7.4. If a defect occurs in the process six months from takeover , it is believed that goods was defective already at taking over .

7.5. Rights from the defective fulfillment applies buyer at seller on address his establishment in which reception is held complaint possible with respect on range of goods sold goods , possibly even at headquarters or place business . In a moment application the complaint is considered the moment when the seller he has received from the buyer claimed goods .

7.6. Next rights and obligations hillside related to liability the seller for defects can edit complaint order the seller .

8. next rights and obligations contractual hillside

8.1. Buyer acquires ownership to goods by paying whole purchase prices goods

8.2. Seller it isn't in relationship to to the buyer bound none codes behaviour in meaning the provisions of § 1826 par . 1 letter ​e) civil of the Code .

8.3. Extrajudicial processing complaints consumers ensures the seller through electronic addresses . Processing information​ complaints the buyer will send the seller on electronic address the buyer .

8.4. The seller is authorized to sell goods on basis business permissions . Business control performed within​ yours jurisdiction relevant commercial office . Supervision over areas protection personal data performs Office of Protection personal data . Czech commercial inspection performs in defined scope outside other supervision over compliance Act No. 634/1992 Coll., on protection consumers , in wording later ones regulations .

8.5. Buyer hereby takes over on myself danger changes circumstances in within the meaning of § 1765 par . 2 civil of the Code .

9. protection personal data

 

GDPR Statement

10. Submission commercial communication and storage of cookies

10.1 Buyer was familiar with the possibility sending commercial message , to by which it is necessary his agreement as justified persons . This consent is unconditional , unequivocal , revocable , free and they are in it all administrator information​ his personal data .

10.2 Buyer was familiar with Cookies, which they are small textual files that are stored on the device ( computer , mobile device or to another devices enabling internet access ) using​ whom using the hobbytechnik.cz e-shop buyer , and if it is after leaving ours pages doesn't delete , they are again used during his next visits . Cookies are used to improvement functionality pages and simplification his next visits , in particular then for these activities :

- storage preferences and settings which​ allow the web sites they worked correctly .
- login and authentication - if you don't want to still log in and log out , thanks to cookies you don't have to
- security - we use cookies for detection fraud and abuse web pages
- analysis - we use cookies to collect data for our analytical tools
- marketing - we use cookies for evaluation ours marketing campaigns or for outreach of customers
- social networks - any content from our pages can share with his friends
 Despite above mentioned on basis cookies you​ we are not able to identify on level specific physical persons .
10.3 Buyer was familiar with the possibility refusal usage cookie file which can delete help your own browsers . Instructions on how to handle cookies and how to delete them are possible found in the " Help " menu of the web browsers . In such case , but it is possible that some parts ours pages they won't display right , theirs browsing will be more complex and will not be displayed offer corresponding products​ I need the buyer .

10.4 If the buyer use ours sites without changes settings , we will use it for consent to the use of cookies on ours pages .

11. Delivery

11.1. Notification relating to relationships seller and buyer , in particular concerning cession from purchase contracts , must be delivered by mail form recommended letter , if not in the bill of sale contract established otherwise . Notifications are delivered on relevant contact address second parties and shall be deemed delivered and effective moment their delivery through mail , with the exception of notice of withdrawal from contracts done by the buyer when the withdrawal is made effective if the notice​ by the buyer in withdrawal period​ sent .

11.2. It is considered delivered and notice of which taking over was addressee rejected which​ it wasn't picked up in storage time , or which returned​ as undeliverable .

11.3. Contractual parties they can common correspondence each other deliver through electronic mail , and that at address electronic mail specified in the user account the buyer whose stated by the buyer in the order , or on address stated on web page the seller .

12. Final provision

12.1. If relationship founded purchase by contract contains international ( foreign ) element , then parties they agree that the relationship is governed Czech by right . With this they are not affected right consumers resulting from generally binding legal regulations .

12.2. If there is any provision commercial conditions invalid or ineffective , or with such becomes , instead of invalid provision gets on provision of which sense of the void provisions as much as possible approximates . Invalidity or ineffectiveness one provision it isn't affected validity others provisions . Changes and additions purchase contracts whose commercial conditions require in writing form .

12.3. Buying contract including commercial conditions is archived by the seller in electronic form and is not accessible .

12.4. Attachment commercial conditions make up exemplary withdrawal form​ from purchase contracts .

12.5. Contact data seller : Diametral as, Václava Špačka 1759, Prague 9 - Horní Počernice , zip code 19300, e-mail: info@diametral.cz, telephone : +420 222 360 423

( working hours: Monday - Friday from 8:00 a.m. to 4:00 p.m.)