Terms and Conditions
📜 TERMS AND CONDITIONS
Widetrade s.r.o. Registered office: Rostislavovo nám. 25, Brno, Czech Republic Identification Number: 60714573 Registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 15937 For the online sale of goods
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms") of the business company Widetrade s.r.o., with its registered office in Brno, Identification Number: 60714573, registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 15937 (hereinafter referred to as the "Seller"), regulate, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on the Purchase Agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the Internet addres
1.2. The Terms do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or a person who acts within the scope of their business activity or within the scope of their independent professional practice when ordering the goods.
1.3. Provisions deviating from the Terms may be agreed upon in the Purchase Agreement. Deviating stipulations in the Purchase Agreement shall take precedence over the provisions of the Terms.
1.4. The provisions of the Terms are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller may change or supplement the wording of the Terms. This provision does not affect the rights and obligations that arose during the period of validity of the previous version of the Terms.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer may access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly from the Web Interface of the Store.
2.2. 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 data provided in the User Account upon any change. The data provided by the Buyer in the User Account and when ordering goods are considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use their User Account for a longer period, or if the Buyer breaches their obligations under the Purchase Agreement (including the Terms).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially considering the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of th
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the Web Interface of the Store is of an informative nature, and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs of returning goods if the goods cannot, by their nature, be returned by the usual postal route. The prices of the goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's possibility to conclude a Purchase Agreement under individually negotiated conditions. If the price, for whatever reason (database error, employee entry error), is higher, the Buyer is explicitly notified of this change. The Buyer may accept the new, higher price or refuse the delivery of the goods.
3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods listed in the Web Interface of the Store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills in the order form in the Web Interface of the Store. The order form contains especially information about: 3.4.1. the ordered goods (the Buyer "places" the ordered goods in the electronic shopping cart of the Web Interface of the Store), 3.4.2. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods, and 3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer into the Order, also with regard to the Buyer's ability to detect and correct errors arising from data entry. The Buyer sends the Order to the Seller by clicking the "Objednat" (Order) button. The data provided in the Order are considered correct by the Seller. The Seller shall immediately confirm the receipt of the Order to the Buyer by electronic mail, to the Buyer's electronic mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's Electronic Address").
3.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, expected transport costs), to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established upon the delivery of the Order acceptance (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's Electronic Address.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) are borne by the Buyer, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement to the Seller in the following ways:
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in cash at the Seller's premises at Rostislavovo nám. 25;
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in cash upon delivery (cash on delivery) at the place specified by the Buyer in the Order;
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by cashless transfer to the Seller's account no. 2700123027/2010, maintained by Fio bank (hereinafter referred to as the "Seller's Account");
4.2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also mean the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or any similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 10 days of the conclusion of the Purchase Agreement.
4.5. In the case of cashless 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 cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment the re
4.6. The Seller is entitled, especially in the event that the Buyer fails to provide additional confirmation of the Order (Article 3.6), to demand payment of the entire purchase price before the goods are shipped to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
4.8. If it is customary in the business relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue the tax document - invoice to the Buyer after the payment of the price of the goods and send it electronically to the Buyer's Electronic Address.
4.9. Pursuant to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than within 48 hours.
4.91. Sale of knives and goods of a similar nature The sale of knives, swords, bows, etc., is only possible to persons over 18 years of age.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a Purchase Agreement for the supply of goods that have been adjusted according to the Buyer's wishes or for the Buyer's person, from a Purchase Agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery, from a Purchase Agreement for the supply of goods in a
5.2. Unless it is a case specified in Article 5.1 of the Terms or another case where withdrawal from the Purchase Agreement is not possible, the Buyer has the right, in accordance with the provisions of Section 1829 (1) of the Civil Code, to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods. If the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the Purchase Agreement, the Buyer may use the model form provided by the Seller, which forms an appendix to the Terms. The Buyer may send the withdrawal from the Purchase Agreement, inter alia, to the address of the Seller's premises or to the Seller's electronic mail address info@widetrade.cz.
5.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms, the Purchase Agreement is cancelled from the outset. The goods must be returned by the Buyer to the Seller within fourteen (14) days of the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even in the event that the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms, the Seller shall return the monetary funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement, in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in another manner, if the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to the Seller or proves that the Buyer has sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally offset the claim for damages incurred on the goods against the Buyer's claim for the refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the don
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that, due to reasons on the Buyer's side, the goods need to be delivered repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the different method of delivery.
6.4. Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. In the event of finding a breach of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
6.5. Further rights and obligations of the parties during the transport of goods may be governed by the Seller's special delivery terms, if issued by the Seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act N
7.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer took over the goods: 7.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, such properties that the Seller or the manufacturer described or which the Buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them, 7.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this kind are usually used, 7.2.3. the goods correspond to the quality or design of the agreed sample or template, if the quality or design was determined according to the agreed sample or template, 7.2.4. the goods are in the appropriate quantity, measure, or weight, and 7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions listed in Article 7.2 of the Terms shall not apply to goods sold at a lower price for a defect for which the lower price was agreed upon, to wear and tear of the goods caused by their usual use, in the case of used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective already upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The Buyer exercises the rights from defective performance with the Seller at the address of their premises, where the acceptance of the complaint is possible with regard to the assortment of the goods sold, or also at the registered office or place of business.
7.6. Further rights and obligations of the parties related to the Seller's liability for defects may be governed by the Seller's Complaint Procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
8.3. The Seller handles consumer complaints through the electronic address info@widetrade.cz. The Seller shall send information about the handling of the Buyer's complaint to the Buyer's Electronic Address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address:
8.5. The European Consumer Centre Czech Republic, w
8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out by the relevant Trade Licensing Office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, within the defined scope, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, among other things.
8.7. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR Regulation") relating to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase Agreement, for the purposes of negotiating this agreement, and for the purposes of fulfilling the Seller's public law obligations, through a separate document.
10. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to the sending of information related to the Seller's goods, services, or business to the Buyer's Electronic Address and furt
10.2. The Buyer agrees to the storage of so-called cookies on their computer. In the event that a purchase on the Website can be made and the Seller's obligations under the Purchase Agreement can be fulfilled without the storage of so-called cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11. DELIVERY
11.1. The Buyer may be delivered to the Buyer's Electronic Address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. The choice of law according to the previous sentence does not deprive the Buyer who is a consumer of the protection afforded to them by the provisions of the legal order from which it is not possible to deviate contractually, and which would otherwise apply in the absence of a choice of law pursuant to Article 6 (1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms is or becomes invalid or ineffective, the provision whose meaning is closest to the invalid or ineffective provision shall replace the invalid provisions. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement, including the Terms, is archived by the Seller in electronic form and is not accessible.
12.4. A model form for withdrawal from the Purchase Agreement forms an appendix to the Terms.
12.5. Seller's contact details: delivery address Widetrade s.r.o. Rostislavovo nám. 25, 612 00 Brno, electronic mail address info@widetrade.cz, phone +420 774 444 281.
You can download the contract withdrawal form here.
In Brno, on May 21, 2018