General Terms and Conditions
These General Terms and Conditions of Business (hereinafter referred to as the "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code")
FilaFox s.r.o. - Swissten.eu
VAT Reg.No.: CZ07079745
Registered Office: Jaurisova 515/4, Michle, 140 00 Prague 4
Registered with the Municipal Court in Prague, Section C, Insert 294308
Phone no.: +420 777 223 121
Web address: www.swissten.eu
(hereinafter referred to as "Seller")
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and a natural person who concludes a purchase contract outside his business activity as a consumer or within his business activity (hereinafter referred to as: "Purchaser") through the web interface located on the website available at www.swissten.eu (hereinafter referred to as the "E-shop").
- The Business Terms and Conditions are an integral part of the purchase agreement. Any deviating provisions in the purchase agreement shall prevail over the provisions of these Terms and Conditions.
- These Terms and Conditions and the purchase agreement are expressed in the Czech/English language.
Information on goods and prices
- Information concerning goods, including the prices of the individual goods and their main features, is provided for each item in the catalogue of the e-shop. The prices of the goods are inclusive of VAT, any related charges and the cost of returning the goods if they cannot, by their nature, be returned by normal postal delivery. The prices of the goods remain valid for the period of time they are displayed in the e-shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
- All presentations of goods in the catalogue of the e-shop are for information purposes only and the Seller is not obliged to conclude a purchase contract in respect of these goods.
- Information on the costs associated with the packaging and delivery of the goods is published in the e-shop.
- Any discounts on the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Purchaser.
Order and purchase contract
- The costs incurred by the Purchaser when using remote means of communication in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the Purchaser. These costs do not differ from the basic call rate.
- The Purchaser orders the goods in the following ways:
- via his customer account if he has previously registered in the e-shop,
- by filling in the order form without registration.
- When placing an order, the Purchaser selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the Purchaser is allowed to check and change the data they have entered in the order. The Purchaser sends the order to the Seller by clicking on the Send Order button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Purchaser's confirmation that they have read these Terms and Conditions.
- Immediately upon receipt of the order, the Seller shall send the Purchaser a confirmation of receipt of the order to the e-mail address provided by the Purchaser when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the Seller and notification of acceptance of the order delivered to the Purchaser's e-mail address.
- In the event that Seller cannot meet some of the requirements stated in the order, they will send the Purchaser an amended offer to their e-mail address. The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Purchaser's confirmation of acceptance of this offer to the Seller at his e-mail address specified in these Terms and Conditions.
- All orders accepted by the Seller are binding. The Purchaser may cancel an order until the Purchaser has received notification of acceptance of the order by the Seller. The Purchaser may cancel an order by calling the telephone number or e-mail of the Seller specified in these Terms and Conditions.
- If there is an obvious technical error on the part of the Seller when indicating the price of the goods in the e-shop or during the ordering process, the Seller is not obliged to deliver the goods to the Purchaser for this obviously incorrect price. The seller shall inform the Purchaser of the error without undue delay and send the Purchaser an amended offer to their e-mail address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Purchaser to the Seller's e-mail address.
- Based on the Purchaser's registration in the e-shop, the Purchaser can access his customer account. From his customer account, the Purchaser can order goods. The Purchaser can also order goods without registration.
- When registering for a customer account and when ordering goods, the Purchaser is obliged to provide correct and truthful information. The Purchaser is obliged to update the information provided in the user account in the event of any change. The information provided by the Purchaser in the customer account and when ordering goods shall be deemed correct by the Seller.
- Access to the customer account is secured by a username and password. The Purchaser is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller shall not be liable for any misuse of the customer account by third parties.
- The Purchaser is not entitled to allow third parties to use the customer account.
- The Seller may cancel the user account, in particular if the Purchaser no longer uses his account, or if the Purchaser violates their obligations under the purchase agreement or these Terms and Conditions.
- The Purchaser acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software installations of the Seller, or the necessary maintenance of hardware and software installations of third parties.
Payment terms and product delivery
- The price of the goods and any costs associated with its delivery under the purchase agreement may be paid by the Purchaser in the following ways:
- by bank transfer to the Seller's bank account No. 70797457/2010, at Fio banka
- by payment card,
- by bank transfer to the Seller's account through a payment gateway
- in cash or by payment card upon personal collection at the dispatch office......
- Together with the purchase price, the Purchaser is obliged to pay the Seller the costs associated with the packaging and the delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
- In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
- In the case of payment via a payment gateway, the Purchaser shall follow the instructions of the relevant electronic payment provider.
- In the case of non-cash payment, the Purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's bank account.
- The Seller does not require any deposit or other similar payment from the Purchaser in advance. Payment of the purchase price before shipment of the goods is not a deposit.
- According to the Sales Records Act, the Seller is obliged to issue a receipt to the Purchaser. At the same time, he is obliged to register the received sale income with the tax authorities online, and in the event of technical failure, within 48 hours at the latest.
- The goods are delivered to the Purchaser:
- to the address specified by the Purchaser in the order
- via a dispatch centre to the address of the dispatch centre designated by the Purchaser
- The choice of delivery method is made during the ordering process.
- The cost of delivering goods depending on the method of shipment and receipt of the goods is specified in the Purchaser's order and in the confirmation of the order by the Seller. In the event that the method of delivery is agreed upon at the Purchaser's specific request, the Purchaser shall bear the risk and any additional costs associated with this method of delivery.
- If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Purchaser in the order, the Purchaser is obliged to take possession of the goods upon delivery. In the event that for reasons on the part of the Purchaser, it is necessary to attempt to deliver the goods repeatedly, or in a different manner than specified in the order, the Purchaser is obliged to pay the costs associated with the repeated attempts to deliver the goods, or the costs associated with a different method of delivery.
- Upon receipt of the goods from the carrier, the Purchaser is obliged to check the state of the packaging and in the event of any defects, to notify the carrier immediately. In the event of any damage to the packaging, indicating unauthorised intrusion into the shipment, the Purchaser may refuse delivery from the carrier.
- The Seller shall issue a tax document - invoice to the Purchaser. The invoice is sent to the Purchaser's e-mail address.
- The Purchaser acquires the ownership right to the goods by paying the full purchase price for the goods including the delivery costs, but first by taking delivery of the goods.
- Liability for accidental destruction, damage or loss of the goods passes to the Purchaser at the moment of receipt of the goods, or at the moment when the Purchaser was obliged to accept the goods but failed to do so in breach of the purchase agreement.
Withdrawal from the contract
- A Purchaser who has concluded a purchase contract outside his business activity, as a consumer, has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of acceptance of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts,
- from the date of acceptance of the first delivery of the goods if the subject-matter of the contract is a regular recurring delivery of goods.
- The Purchaser may not, however, withdraw from the purchase contract in the event that:
- the provision of services, if they have been performed with his/her prior explicit consent before the expiry of the withdrawal period, and the Seller has informed the Purchaser prior to the conclusion of the contract that he has no right to withdraw from the contract in such a case,
- the supply of goods or services, whose price depends on financial market conditions, independent of the Seller's will, and which may occur during the withdrawal period,
- the delivered goods have been adapted to the wishes of or for the Purchaser,
- the delivery of goods in sealed packaging, from which the internal packaging has been removed by the Purchaser and cannot be returned for hygiene reasons,
- the goods are an audio or visual recording or computer programme if the original packaging has been damaged,
- in other cases referred to in Article 1837 of the Civil Code.
- In order to meet the withdrawal deadline, the Purchaser must send the withdrawal declaration within the withdrawal period.
- To withdraw from the purchase contract, the Purchaser may use the sample withdrawal form provided by the Seller. The Purchaser shall send the withdrawal form to the e-mail or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Purchaser.
- The Purchaser who has withdrawn from the Contract shall return the goods to the Seller within 14 days of withdrawal from the Contract. The Purchaser shall be liable for the costs of returning the goods to the Seller, even if the goods cannot be returned by normal postal delivery due to their nature.
- If the Purchaser withdraws from the Contract, the Seller shall reimburse the Purchaser immediately, but not later than within 14 days of the withdrawal from the Contract, all money, including delivery costs, received from the Purchaser in the same way. The Seller shall only return the funds received to the Purchaser by other means if the Purchaser agrees to this and if no additional costs are incurred.
- If the Purchaser has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Purchaser for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery offered.
- If the Purchaser withdraws from the purchase contract, the Seller shall not be obliged to return the funds received to the Purchaser until the Purchaser has handed over the goods to the Seller or proved that he has dispatched the goods to the Seller.
- The Purchaser must return the goods to the Seller undamaged, unused and clean and, if possible, in their original packaging. The Seller shall be entitled to deduct compensation for damage to the goods unilaterally against the Purchaser's claim for reimbursement of the purchase price.
- The Seller is entitled to withdraw from the purchase contract due to out of stock, unavailability of the goods or when the manufacturer, importer or supplier of the goods has discontinued production or import of the goods. The Seller shall promptly inform the Purchaser via the e-mail address specified in the order and shall return all funds, including delivery costs, received from the Purchaser under the contract within 14 days of notification of withdrawal from the purchase contract in the same manner or in the manner specified by the Purchaser.
Rights arising from defective performance
- The Seller shall be liable to the Purchaser for the goods being free from defects upon receipt. In particular, the seller warrants to the Purchaser that at the time the Purchaser took possession of the goods, that they have the characteristics agreed between the parties and, in the absence of any such other agreement, have the characteristics described by the Seller or the manufacturer or expected by the Purchaser in view of the nature of the goods and on the basis of the advertising carried out by Seller or the manufacturers,
- Seller warrants that the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- Seller warrants that the goods correspond in quality or condition to the agreed sample or specimen, if the quality or condition was determined by reference to an agreed sample or specimen,
- Seller warrants that the goods are in the appropriate quantity, measure or weight; and that
- the goods comply with the requirements of any appropriate legislation.
- The seller has obligations arising from defective performance, at least to the extent to which the manufacturer's obligations arising from defective performance still apply. The Purchaser shall otherwise be entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.
- If the period of time for which the goods may be used is indicated on the goods sold, on their packaging, in the instructions, accompanying the goods, or in the advertising in accordance with other legal provisions, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the Seller guarantees that the goods shall be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Purchaser has rightfully notified the Seller of a defect in the goods, neither the period for exercising rights under the defective performance terms, nor the warranty period shall run for the period during which the Purchaser cannot use the defective goods.
- The provisions referred to in the previous paragraph of the Terms and Conditions shall not apply to goods sold at a lower price owing to the defect for which the lower price was agreed, in relation to the wear and tear of the goods caused by their normal use, or in the case of second-hand goods, to the defect corresponding to the level of use or wear and tear that the goods had when taken over by the Purchaser, or if the defect results from the nature of the goods. The Purchaser is not entitled to any rights arising from defective performance if they knew before taking over the goods that they were defective, or if the Purchaser himself caused the defect.
- In the event of a defect, the Purchaser may submit a claim to the Seller and demand:
- an exchange for new goods,
- repair of the goods,
- a reasonable discount from the purchase price,
- withdrawal from the contract.
- The Purchaser has the right to withdraw from the Contract,
- if the goods have a material defect,
- if they cannot use the goods properly because of the recurrence of the defect or any defects after repair,
- in the event of multiple defects in the goods.
- A material breach of contract is a breach of contract in which the party breaching the contract already knew, or must have known at the time of the conclusion of the contract, that the other party would not have concluded the contract if they had foreseen the breach.
- In the case of a defect which is a marginal breach of the contract (regardless of whether the defect is repairable or irreparable), the Purchaser is entitled to have the defect repaired or to a reasonable reduction in the purchase price.
- If a repairable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the Purchaser has the right to claim a discount on the purchase price, to have the goods replaced or to withdraw from the contract.
- When making a claim, the Purchaser is obliged to tell the Seller under what right s/he has made the claim. A change of choice without the Seller's consent is only possible if the Purchaser has requested the repair of a defect that proves to be irremediable. If the Purchaser fails to elect his right under a material breach of contract in time, he shall have the same rights as in the case of a marginal breach of contract.
- If repair or replacement of the goods is not possible, the Purchaser may claim a full refund of the purchase price upon withdrawal from the contract.
- If the Seller proves that the Purchaser knew of the defect in the goods before acceptance or caused it himself, the Seller is not obliged to satisfy the Purchaser's claim.
- The Purchaser cannot claim for a defect in discounted goods for the very reason for which the goods are discounted.
- The Seller is obliged to accept the claim at any establishment where the claim can be accepted, possibly also at his registered office or place of business. The Seller is obliged to issue the Purchaser with a written confirmation of when the Purchaser exercised the right to claim, what is the content of the claim and what method of settlement the Purchaser requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.
- The Seller or an employee authorised by him will decide on the complaint immediately, or in complex cases within three working days. This time limit does not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, at the latest within 30 days from the date of the complaint, unless Seller and Purchaser agree on a longer period. The expiry of this period within a reasonable time, without remedy, shall be considered a material breach of contract and Purchaser shall have the right to withdraw from the purchase contract. The moment when Purchaser's expression of will (exercise of the right arising from defective performance) reaches Seller shall be considered as the moment when the claim is made.
- Seller shall inform Purchaser in writing of the outcome of the claim.
- Purchaser shall not be entitled to any right arising from defective performance if Purchaser knew that the item had a defect before taking over the item or if Purchaser caused the defect himself.
- In the event of a justified claim, Purchaser shall be entitled to compensation for reasonable costs incurred in connection with the claim. Purchaser may claim this right from Seller within one month after the expiry of the warranty period, otherwise the court may not grant it.
- Purchaser has the choice of the claim method.
- The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Other rights and obligations of the parties relating to Seller's liability for defects are regulated by Seller's Claim Policy.
- The Parties may deliver all written correspondence to each other by electronic mail.
- Purchaser shall deliver correspondence to Seller at the e-mail address specified in these Terms and Conditions. Seller shall deliver correspondence to Purchaser at the e-mail address specified in Purchaser's customer account or order.
- All information provided by Purchaser when working with Seller is confidential and will be treated as such. Unless Purchaser gives written permission to Seller, Seller shall not use Purchaser's data in any way other than for the purpose of performance under the Contract, except for the e-mail address to which commercial communications may be sent, as this is permitted by law, unless explicitly refused. These communications may only relate to similar or related goods and may be opted out of at any time by simple means (by sending a letter, e-mail or clicking on a link in the commercial communication). For this purpose, the e-mail address will be kept for 3 years from the conclusion of the last contract between the parties.
- We measure your satisfaction with your purchase by means of e-mail questionnaires in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information service company. We process personal data for the purpose of sending questionnaires on the basis of our legitimate interest, which is to determine your satisfaction with your purchase from us. We use an information service for sending questionnaires, evaluating your feedback and analysing our market position, which is an agent of the Heureka.cz and Zbozi.cz portals. We may pass on information about the goods you have purchased and your e-mail address to this processor for these purposes. Your personal data is not passed on to any third party for its own purposes when sending e-mail questionnaires. You can object to the sending of e-mail questionnaires at any time by refusing further questionnaires using the link in the e-mail with the questionnaire. If you object, we will not send you any further questionnaires.
Out-of-Court Dispute Resolution
- The Czech Trade Inspection Authority (Česká obchodní inspekce) with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Seller and Purchaser under the purchase contract.
- The European Consumer Centre in the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes, amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, within a defined scope.
- All agreements between Seller and Purchaser shall be governed by the laws of the Czech Republic. If the agreement contains an international element, the parties agree that the relationship shall be governed by the laws of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
- Seller is not bound by any codes of conduct in relation to Purchaser within the meaning of Section 1826(1)(e) of the Civil Code.
- All rights to Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of Seller.
- Seller shall not be liable for errors resulting from third party interference with the e-shop or its use contrary to its intended use. Purchaser shall not use any procedures in the use of the e-shop that could have a negative effect on its operation and shall not perform any activity that could enable him or third parties to interfere with, or make unauthorised use of, the software or other components forming the e-shop, nor use the e-shop or its parts or software in a manner that would be contrary to its purpose or intent.
- Purchaser hereby accepts the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The purchase contract, including the Terms and Conditions, is archived by Seller in electronic form and is not accessible.
- Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
- A sample withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions shall take effect on 21.06.2022.