Terms of trade

TERMS AND CONDITIONS

of trading company Singltrek Distribuce s.r.o., based in Mechová 17, 466 04 Jablonec nad Nisou, ID: 47785047.
Company is registered in the commercial register of the Regional Court in Ústí nad Labem,  section C, part 4203 for sale of goods through an online store located at: www.themudhugger.eu.


PRELIMINARY PROVISIONS

1.1.
These terms and conditions („Terms and Condition“) of Singltrek Distribuce s.r.o. based Mechová 17, 466 04 Jablonec nad Nisou, Czech Republic, ID: 47785047, registered in the Commercial Register of the Regional Court in Ustí nad Labem, section C 4203 (hereinafter reffered to as „Seller“) govern in accordance with § 1751 paragraph 1 of Act no. 89/2012, Civil Code ( The „Civil Code“) mutual right and obligations arising in connection both parties with each other in connection or based on purchase agreement („Contract“) concluded between the seller and another civil person (hereinafter The „Buyer“) through the seller online store. Internet store is operated by the seller placed on the website with internet domain www.themudhugger.eu (hereinafter The „Website“), and via the website (hereandafter  just „web-based commerce“).

1.2.
Terms and conditions do not apply to cases where a character of person who intends to purchase goods from seller is a kind of business company, or that person who tends to buy goods like a subject of his official business or person who is ordering goods in the course of their business or in their independent business activity.

1.3.
Provisions derogating from the terms and conditions can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms and conditions.

1.4.
Provisions of the conditions are an integral part of the purchase contract. The purchase agreement and the terms and conditions are written in Czech language. Contract about purchase is possible to be concludet in the Czech language.

1.5.
Text of terms and conditions can be changed by seller. This provision shall not affect the right and obligations arising during the effective period of the previous version of business conditions.

 

USER ACCOUNT

1.6.
Based on the registration by the purchaser on the website the buyer can access their user interface. From its user interface of the buyer can order goods (hereinafter „user account“). In the case that web interface allows that, buyer can make orders without registration straight from web interface business.

1.7.
Buyer is obligated to provide correct and true informations when he make a registration on the web interface. Data presented in the user account is a buyer obligated to update when any changes happened. Data presented in the user account are considered as correct by seller.

1.8.
Acces to a buyer account is secured by user name and password. The buyer is obligated to keep discretion about informations needed to acces to his user account.

1.9.
Buyer is not allowed to provide his user account to third parties.

1.10.
Seller may cancel some user account, especially if the buyer do not use his account for period longer more than one year or in case if buyer breaches its obligations under the purchase contract. ( including Terms and conditions).

1.11.
Buyer acknowledges that the user account may not be available continuously all the time, especially when a necessarity of maintenance of hardware or software is there and it will be switched off as long as is necessary to make changes or repairs of the software or hardware by third party.

 

ENTERING INTO A PURCHASE AGREEMENT

1.12.
All presentation of goods placed in the web interface of e-shop has a informational character and seller is not obliged to conclude a purchase agreement of this product. The provision of § 1732 article 2 of the Civil Code shall not apply.

1.13.
The web interface provides information on trade of goods, including the prices of individual goods. Prices are inclusive of VAT and all relative charges of individual goods. Prices of goods remains actual are relevant as long as they are displayed in the web interface of e-shop. This provision is not limitation to the seller for a purchase contract under individually negotiated conditions.

1.14.
Prices of goods are including the costs of packaging and delivery.

1.15.
To order chosen goods buyer have to fill out an order form in the website interface of e-shop. Order form contains informations about:

1.15.1.
Ordered goods ( the buyer insert ordered goods into an electronic shopping cart which is part of website of the e-shop)

1.15.2.
Method of payment for the purchase price, data about the desired method of delivery buyers shipment

1.15.3.
Information on the cost associated with delivery og goods (hereinafter collectively as the  „order“).

1.16.
Before sending the order to the seller, the buyer is allowed to check and modify data in order, even considering the option that buyer can detect and correct errors made during making order. The order buyer sends by clicking on the button „Payment / Next“. Data presented in the order by the seller are considered correct.

1.17.
Sending the order is considered such an buyers act, which without any doubts  identify the ordered goods, the purchase price, and is mutually binding draft contract. The condition of  order, which could be accepted as mandatory is filling out all required datas in the form,  reading and accepting these terms and conditions on the website and confirmation of the buyer that he accepted these conditions.

1.18.
Seller immediatelly after order is delivered, confirms, that order was accepted by email on the address which buyer specified in the user interface of website. (hereinafter reffered as „buyers elektronic address“).

1.19.
The seller is always entitled to, depending on the nature of the order ( quantity of the goods, purchase price, estimated shipping cost) ask the buyer for additional confirmation of the order (for example by email or phote call).

1.20.
Contract proposal in the form of an order is valid for fifteen days.

1.21.
The contractual relationship between seller and buyer arises when the order is delivered and accepted by the seller and is sent confirmation about it to buyer by email on buyerss email address.

1.22.
In the case that any of  requiremenst specified in the order can not be satisfiable, the seller sends on the buyers email address changed offer with the possible variants of the order and request the oppinion of the buyer.

1.23.
The ammended offer is considered like a new draft conctract of sale and purchase agreement in this case is closed until acceptance of the buyer via e-mail. 

1.24.
Buyer agrees to the use of communication ways in concluding the purchase contract. Costs which are caused by this alternative way of making new contract and by using communication ways on the distance (like is the cost of internet access, telephone costs, etc.) are paid by the buyer hinself, these costs do not differ from the standart rate.

 

PRICE AND PAYMENT TERMS

1.25.
The price of goods according to the contract the buyer can pay to the seller by a cashless payment  by card.

1.26.
The buyer is obligated to pay the cost associated with packing and delivery. These costs are included in the price of goods.

1.27.
The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provision of art. 1.29 od bussines conditions regarding the obligation to pay the purchase price in advance.

1.28.
In the case of cashless payment, the buyer is obligated to pay the purchase price of the goods and mark this payment with variable symbol. In the case of cashless payment by the buyer is commintment filled when is payment of appropriate amount accepted to the sellers account.

1.29.
The seller is entitled, in particular in the event that the Buyer do not confirm order aditionally, ( art. 1.19), to reqire payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 art. 1 of the Civil Code shall not apply.

1.30.
Any discounts the price of goods by the seller to the buyer can not be combined.

1.31.
If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document – invoice. The seller is payer of value added tax. The tax document – invoice is made after accepting payment from buyer and it is sended to buyer like a enclosure of shipment on the address of buyer.

 

CANCELATION OF CONTRACT

1.32.
The buyer is in accordance with § 1829 art. 1 of the civil code, the right to withdraw from the contract, within fourteen(14) days of receipt of goods, in which case the contract of sale are several types of goods or the supply of several parts, runs the period from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the deadline mentioned in the previous sentence.

1.33.
For withdrawal from the contract the buyer used a form provided by the seller, the form is part of terms and conditions. Withdrawal from the contract buyer can send on the address of registered office of seller. For delivery of the contract withdrawal pays provisions of Art. 11 of these terms and conditions.

1.34.
In the case of withdrawal from the contract pursuant to art. 5.1 of these terms and conditions thr purchase agreement from the begining. The goods must be returned to the seller within fourteen (14) days from the withdrawal. If the buyer withdraws from the contract, the buyer bears the of returning the goods to the seller, even in the case where goods can not be returned because of its character usual poste route.

1.35.
In case of withdrawal pursuant to Art. 5.1 hereof, the seller returns funds recieved from the buyer within fourteen (14) days from the withdrawal from the contract in the same way as the seller from the buyer recieved. The seller is also entitled to return the benefits provided by the buyer has been the return of goods by the buyer or otherwise, unless the buyer will agree to and do not create additional cost to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds recieved to the buyer before buyer  returns goods or demonstrate that the goods was sent.

1.36.
Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the buyers claim for refund of the purchase price.

1.37.
Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the buyer without undue delay, and bank transfer to an account designated by the buyer.

1.38.
If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract the buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods also return provided gift to the seller.

 

TRANSPORT AND DELIVERY

1.39.
In the case that the mode of transport is negotiated on the base of special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

1.40.
If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

1.41.
In the event that the reason for which the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively cost associated with other delivery method.

1.42.
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 the event of a breach of the reunion package indicative of unauthorized intrusion into consigment buyer may not take shipment from the carrier.
rights of defective fulfillment

1.43.
The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular the provisions of § 1914 - 1925, § 2099 - 2117 and § 2161 - 2174 Civil Code).

1.44.
The seller is liable to the buyer that the goods on delivery no defects. In perticular, the seller is liable to the purchaser at the time when the buyer took the goods:

1.44.1.
The goods are qualities that the parties have negotiated and if there is no agreement, it has characteristics which the seller or manufacturer has described or that buyers expect with regard to the nature of the goods and based on advertising they carry.

1.44.2.
The goods are fit to for the purpose which for its use or selling list to which goods of the same type are normally used

1.44.3.
Products corresponds to the quality or making the agreed sample or template, if it was determined the quality or performance contracted by sample or template,

1.44.4.
The goods is appropriate quantity, measure or weight

1.44.5.
The coods comply with the legal requirments.

1.45.
The provisions referred to in Art. 1.44 business conditions do not apply to goods sold at a lower price to the defect for which the lower price was negotiated to wear and tear caused by its common use, for used goods for defects caused by use or wear that goods had to take over buyer or if it appears that the nature of the goods.

1.46.
If the deffect appears within six months of receipt, it is considered that the product was defective already upon receipt.

1.47.
The rights of the purchaser excercises defective performance by the seller at his establishment, which is possible taking into account the assortment of goods sold, possibly at the place of business. In a moment claim is considered to be the moment when the seller receives from the buyer claimed goods.

1.48.
Other rights and obligations of the parties relating to the liability of the seller for defects can modify the coplaints procedure of the seller.
other rights and obligations of the parties

1.49.
The buyer ackquires ownership of the goods by paying the entire purchase price

1.50.
Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 art. 1 point e) of the Civil Code.

1.51.
Court complaint provides for consumer seller via e-mail sales@themudhugger.eu. Information on the settlement of the complaint of  buyer sends the seller to the buyers email address.

1.52.
The seller is entitled to sell goods on the basis of trade licence. Trade control is carried out within the scope of their respective trade office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade inspection performs in a limited scope, inter alia, supervision over compliance with Act. No. 634/1992 Coll. about customer protection, as amended.

1.53.
The buyer takes over the danger of changing circumstances within the meaning of § 1765 art. 2 of Civil Code.
protection of personal data

1.54.
The protection of personal data provided by buyer to the seller is provided by law č. 101/2000 Sb., about Personal Data Protection, as amended.

1.55.
Buyer agrees to the processing of personal data: name, mailing address, identification number, tax identification number and electronic email address, telephone number (hereinafter collectivelly reffered to as personal data).

1.56.
Buyers agrees with the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not select another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirely by this article is not a requirment that would in itself made it impossible to conclude a purchase contract.

1.57.
Buyer acknowledges that it is obligated to your personal data (for registration, in user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in this personal data.

1.58.
Processing of personal data of the buyer the seller may appoint a third party as a processor. In addition to persons transporting goods are not personal without prior consent of the seller the buyer passed on to third parties.

1.59.
Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in printed form non-automated way.

1.60.
The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.

1.61.
In the case tha the buyer thought that te seller or processor (art. 1.58) performs the processing of his personal data that is inconsistent with protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccureta with regard the purpose of processing, can:

1.61.1.
Ask the seller or processor for explanation

1.61.2.
Require the seller or processor to correct the situation

1.62.
If the buyer information about the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.          SENDING OF BUSINESS COMUNICATION AND STORING COOKIES

1.63.
Buyer agrees to recieve information related to goods, services or company tof the seller to the buyers email address and agrees to recieve commercial communications by the seller to the buyers email address.

1.64.
Buyer agrees with saving cookies on his computer. In the event that the purchase on the website can be made and obligations of the seller to perform the contract of sale, without storage cookies on the computer of the buyer, the buyer nay consent under the preceding sentence at any time.

 

DELIVERY

1.65.
Notice concerning the relationship of the seller and the buyer, especially regarding the withdrawal from the contract, must be recieved by mail by registered letter, unless the purchase contract states otherwise. The notification shall be delivered to the appropriate contact address of the other party and shall be deemed recieved and effective if the buyer notice of the deadline for withdrawal sent.

1.66.
As delivered is considered the announcement which was rejected by the addressee, which was not picked up in the time deposit, or which were returned as undeliverable. 

1.67.
The parties may mutualy deliver regular corespondence by email, at the email address specified in the user account of the buyer or buyers specified in the order, respectively to the address indicated on the website of the seller.
final provisions

1.68.
If the relationship of the purchase agreement includes an international (foreign) element, than the parties agree that the relationship is governed by Czech law. This does not affect the consumers right arising from generally binding legislation.

1.69.
If any provision of the Terms and Conditions is invalid or inneffective, or becomes, istead of the invalid provision come  a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and suplements to the purchase agreement or terms and conditions require written form.

1.70.
The purchase contract including terms and conditions the seller is archived in electronics form and is not accesible.

1.71.
Attachment of the business condition form a model form for withdrawal from the contract.

1.72.
Contact details of the seller: postal address Mudhugger EU, Singltrek pod Smrkem, Plovárenská 1056, 463 65 Nové Město pod Smrkem, Czech republic, email address: sales@mudhugger.eu.

 

At Novém Městě pod Smrkem   On  28.2.2017

Tomáš Kvasnička
Singltrek Distribuce s.r.o.
General manager