Terms and Conditions
These terms and conditions apply to purchases made in the online shop www.weldingacademyeu.com, operated by Dilibees s.r.o. with registered office at Korunní 2569/108, Vinohrady, 101 00 Prague, ID: 11848987.
The company is registered in the Commercial Register maintained by C 354307/MSPH Municipal Court in Prague
Email: info@weldingacademyeu.com
INTRODUCTORY PROVISIONS
- These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of the company Dilibees s.r.o., registered office Korunní 2569/108, Vinohrady, 101 00 Prague ID No.: 11848987.
The company is registered in the Commercial Register maintained by C 354307/MSPH Municipal Court in Prague (hereinafter referred to as the “Seller”) regulates the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store.
The online shop is operated by the Seller on the internet address www.weldingacademyeu.com, through a web interface (hereinafter referred to as the “web interface of the shop”). - The Terms and Conditions further regulate the rights and obligations of the parties when using the Seller’s website located at www.cannio.cz (hereinafter referred to as the “Website”) and other related legal relations.
The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business when ordering goods. - Provisions deviating from the terms and conditions may be agreed in the purchase contract.
Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions. - The provisions of the terms and conditions are an integral part of the purchase contract.
The Purchase Contract and the Terms and Conditions are drawn up in the Czech language.
The contract of sale can be concluded in the Czech language. - The Seller may change or supplement the wording of the Terms and Conditions.
This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions. - Based on the buyer’s registration made on the website, the buyer can access their user interface.
From his/her user interface, the Buyer can order goods (hereinafter referred to as “user account”).
The Buyer can also order goods without registration directly from the web interface of the shop. - When registering on the website and when ordering goods, the buyer is obliged to provide correct and truthful information.
The buyer is obliged to update the information provided in the user account in case of any change.
The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller. - Access to the user account is secured with a username and password.
The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer. - The buyer is not entitled to allow third parties to use the user account.
- The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 2 years or if the Buyer violates his/her obligations under the Purchase Agreement (including the Terms and Conditions).
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment, or.
necessary maintenance of hardware and software equipment of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
- The web interface of the shop contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered.
The prices of the goods offered are inclusive of value added tax and all related charges.
The offer for sale of goods and the prices of such goods shall remain valid for as long as they are displayed in the web interface of the shop.
This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
All offers for sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract in respect of these goods. - The web interface of the shop also contains information on the costs associated with packaging and delivery of goods.
The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic. - To order goods, the buyer fills in the order form in the web interface of the shop.
The order form contains in particular information about:
– the goods ordered (the goods ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the store),
– the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods
– information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”). - Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered into the order, including with regard to the Buyer’s ability to detect and correct errors arising from the data entered into the order.
The Buyer shall send the order to the Seller by clicking on the “Complete Order” button.
The data provided in the order is considered correct by the Seller.
The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “Buyer’s e-mail address”). - Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.
- The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
- By concluding the purchase contract, the buyer declares that he/she is over 18 years of age!
The Seller reserves the right to cancel the order in case of doubts about the fulfilment of the condition of the Buyer’s age of majority, mainly when purchasing goods containing alcohol and tobacco products. - The buyer agrees to the use of remote communication means in concluding the purchase contract.
Costs incurred by the Buyer 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 Buyer.
PRICE OF GOODS AND PAYMENT TERMS
- The prices of the goods are valid at the time of ordering.
This price will be indicated in the order and in the email confirming receipt of the order of goods.
The price is always inclusive of the applicable VAT rate. - The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
– by wire transfer to the seller’s account no. 5794265002/5500, kept at Raiffeisenbank, a.s. (hereinafter referred to as the “Seller’s account”);
– Cashless payment by card online using Stripe, PayPal, ApplePay or GooglePay.
- Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods.
Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. - In case of cash payment, the purchase price is payable upon receipt of the goods.
In the case of non-cash payment, the purchase price is due within 14 days of the conclusion of the purchase contract. - In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment.
In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account. - Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- The Seller shall issue a tax document – an invoice to the Buyer in respect of payments made under the Purchase Agreement.
The Seller is a payer of value added tax.
DELIVERY OF GOODS AND DELIVERY CONDITIONS
- The seller will confirm the receipt of the order to the customer by e-mail.
The goods are usually dispatched within five working days of receipt of the order (or in the case of prepayment, after the amount has been credited to the seller’s account).
In the event of the goods being sold out, the Seller will notify the Buyer and agree on the next course of action. - The method of delivery of the goods and the associated charges are defined in the section on transport information, which is an integral part of these terms and conditions.
- In the case of sending ordered goods through Zásilkovna, the maximum weight of one shipment is 15 kg.
- The buyer is obliged to take over the goods from the carrier properly, check the integrity of the packaging and immediately notify the carrier of any defects.
In the event of damage to the packaging indicating unauthorized entry into the shipment or its obvious damage by rough handling, the buyer is advised not to accept the shipment.
NON-ACCEPTANCE OF ORDERED GOODS
By concluding the purchase contract, the buyer is obliged to take over the ordered goods.
If the buyer violates this obligation, he is liable for damages incurred by the seller, including payment of additional costs for delivery of the goods back to the seller.
WITHDRAWAL FROM THE CONTRACT
- The buyer is entitled to withdraw from the contract within 14 days of receipt of the goods by the buyer or a third party designated by the buyer (other than the carrier) for any reason or without giving any reason.
If multiple items of goods are ordered within one order and delivered separately, or if the goods consist of several items or parts, the cancellation period begins upon receipt of the last piece, item or part of the delivery of goods.
If the contract provides for regular delivery of the goods over an agreed period of time, the withdrawal period shall commence upon receipt of the first delivery.
The first day of the 14-day withdrawal period is always the day following the day on which the goods are taken over.
For the period to be valid, it is sufficient if the notice of withdrawal is sent before the expiry of the period. - It is not possible to withdraw from a contract whose subject matter is perishable goods or goods with a short shelf-life, as well as goods which, by their nature, have been irretrievably mixed with others after delivery.
In addition, the buyer may not withdraw from the contract if the contract concerns goods which have been delivered in sealed packaging, which the buyer has removed from the packaging and which, for hygiene reasons, are not suitable for return. - The buyer may withdraw by any unequivocal statement addressed to the seller.
For example, the buyer can use the model withdrawal form, but this is not obligatory.
When withdrawing from the contract, the name of the buyer must be stated.
To speed things up, it is advisable for the buyer to provide proof of purchase.
The buyer must make it clear to the seller that they are withdrawing from the contract, simply returning the goods to the seller is not sufficient. - The buyer undertakes that if he exercises his right to withdraw from the contract, he shall hand over the goods or send them to the seller’s address without undue delay, within 14 days at the latest, secured in such a way that they cannot be damaged during transport.
The time limit shall be deemed to have been observed if the goods are dispatched before the expiry of the 14 days.
Goods cannot be sent on delivery.
The buyer is responsible for the cost of returning the goods. - The Seller is obliged to return to the Buyer all funds received from the Buyer (including the cost of delivery of the goods to the Buyer) without undue delay, no later than 14 days after the withdrawal from the contract, in the same manner as the payment received from the Buyer.
However, if the seller offers a particular delivery method or more than one delivery method, the seller is only obliged to reimburse the buyer for the delivery costs in the amount corresponding to the cheapest delivery method offered.
The buyer shall be liable for any diminution in the value of the goods as a result of the goods being handled in a manner other than that necessary for the buyer to become acquainted with the nature, characteristics and functionality of the goods, and the trader shall be entitled to claim compensation from the buyer for the diminution in the value of the goods.
The trader shall not be obliged to refund the buyer before he has received the goods or before the buyer has proved to him that he has already dispatched the goods to the seller. - The Seller is entitled to withdraw from the contract until the moment of dispatch of the goods, in the event of unavailability of the goods, a significant change in the price of the goods or doubt about the Buyer’s age of majority in the case of ordering goods containing alcohol or ordering tobacco products.
RIGHTS AND OBLIGATIONS ARISING FROM DEFECTIVE PERFORMANCE
- The seller is liable for defects that the goods had upon receipt, even if the defects appear after receipt.
The buyer is not entitled to any rights arising from defective performance if the defect was caused by the buyer.
A defect is not wear and tear caused by normal use. - The buyer may complain about defects within two years of receipt of the goods.
This time limit does not run for the period during which the buyer cannot use the goods, if the buyer has rightfully pointed out the defect.
For a period of one year from receipt of the goods, it is presumed that the defect in the goods already existed when the goods were received, unless the nature of the goods or the defect precludes this. - The buyer should file a claim with the seller or the person designated to repair the defect without undue delay after the defect is discovered.
When making a claim, the Buyer shall provide his/her contact details, a description of the defect and a request for how the claim should be handled.
The Buyer shall be obliged to prove the purchase of the goods (e.g. with a proof of purchase) and to hand over or deliver the item to be claimed to the Seller at the time of the claim or without undue delay thereafter. - If the defect is removable, the buyer has the right to demand that the defect be removed free of charge within a reasonable time so that the buyer does not incur undue hardship, either by repairing the item or by delivering a new item.
It is for the buyer to decide whether the defect shall be remedied by repairing the item or by supplying a new item – but this does not apply if the method chosen by the buyer would be impossible or disproportionately expensive compared to the other.
Whether the method chosen by the buyer to remedy the defect is impossible or unreasonably expensive is assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be remedied by the second method without significant difficulty for the buyer. - The complaint, including the removal of the defect, must be settled and the consumer must be informed of this within 30 days of the date of the complaint, unless the seller and the consumer agree on a longer period.
This does not apply if the buyer does not provide the seller with the required cooperation, without which the seller will not be able to settle the complaint (in particular if the buyer does not hand over the claimed item). - The seller may refuse to remedy the defect if it is impossible or unreasonably costly to do so, particularly in view of the significance of the defect and the value the item would have without the defect.
If the seller refuses to remedy the defect, or if it is apparent from the seller’s statement or the circumstances that the defect will not be remedied within a reasonable time or without reasonable hardship to the buyer, the buyer is entitled to withdraw from the contract or to demand a reasonable discount on the purchase price (to be determined as the difference between the value of the item without the defect and the defective item received by the buyer). - The buyer is also entitled to withdraw from the contract or to demand a reasonable discount if the defect is repeated, if it is a material defect or if the seller fails to settle the complaint and inform the consumer within the time limit set out above.
- However, the buyer is not entitled to withdraw from the contract if the defect is insignificant.
It is presumed that the defect is not insignificant until the seller proves otherwise.
If a defect occurs in the goods which constitutes a material breach of contract, the buyer is entitled to withdraw from the contract without first having to demand the removal of the defect or the delivery of a new item.
Upon withdrawal from the contract, the seller shall refund the purchase price to the buyer without undue delay after he has received the item or after the buyer has proved that he has sent the item. - The Seller is obliged to issue the Consumer with a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the complaint.
In the case of a justified complaint, the buyer is entitled to compensation for the costs associated with the complaint.
Until the seller fulfils his obligations under the defective performance, the buyer does not have to pay the outstanding purchase price or any part thereof.
DISPUTE RESOLUTION
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: http://www.coi.cz.
Out-of-court dispute resolution can only be initiated at the request of the buyer if the dispute could not be resolved directly with the seller.
The Buyer may file a motion within 1 year from the date on which he first asserted the right that is the subject of the dispute with the Seller. - The dispute can also be resolved online via a dedicated platform available at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=CS.
Buyers may also address a complaint to the Czech Trade Inspection Authority, the state supervisory authority for consumer protection.
DATA PROTECTION
- The Seller collects the personal data of the buyers, namely name, surname, home address, or delivery address, contact details (telephone, e-mail).
The data is processed and collected automatically through a form filled in by the buyer.
The Buyer undertakes to notify the Seller of any changes to these data so that the Seller complies with its obligation to process only valid and up-to-date data. - All personal data is stored in accordance with the legal regulations of the Czech Republic.
The operator is entitled to process personal data voluntarily provided by the buyer for the purpose of fulfilling the purchase contract and for the purpose of fulfilling obligations arising from other legal regulations (especially accounting and tax regulations) even without the buyer’s consent. - The Seller undertakes that buyers who unsubscribe will no longer receive commercial communications and information.
- We determine your satisfaction with your purchase by means of e-mail questionnaires within the framework of the Verified by Customers program, in which our e-shop is involved.
These are sent to you every time you make a purchase with us, if, within the meaning of § 7 para.
3 of Act no.
480/2004 Coll.
on certain information society services, you do not refuse to receive them.
The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us.
We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address to Heureka.cz for these purposes.
Your personal data is not passed on to any third party for its own purposes when sending email questionnaires.
You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire.
If you object, we will not send you the questionnaire any further.
FINAL PROVISIONS
- The Seller reserves the right to change the terms and conditions.
The Seller shall announce the amended terms and conditions in an appropriate manner on the website www.weldingacademyeu.com. - These terms and conditions come into force on 1.
1.
2024.
