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Business Terms and Conditions

 

of the trade company

svorto s.r.o.

with its registered office at Průběžná 30, Prague 10

company registration number: 26128667

registered in the Commercial Register kept at the Municipal Court in Prague, Section C, File 72666 for the sale of goods by means of an online shop at the following internet addresses:

www.svorto.cz, www.sidas.cz, www.therm-ic.eu, www.svorto.com, www.sidas.sk, www.therm-ic.sk

1.     introductory provisions

1.1.   These Business Terms and Conditions (hereinafter “Business Terms”) of the trading company svorto sro, with its registered office at Průběžná 30, Prague 10, company registration number: 26128667, registered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 72666 (hereinafter the “Vendor” ) govern the mutual rights and obligations of the parties arising out of or in connection with a Purchase Contract (hereinafter the “Purchase Contract”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) concluded between the Vendor and another natural person (the “Buyer”) by means of the Vendor’s Internet shop. The Internet shop is run by the Vendor on the web sites located at www.svorto.cz, www.sidas.cz, www.therm-ic.eu, www.svorto.com, www.sidas.sk, www.therm-ic.sk (hereinafter the “Website”), that being by means of the Website interface (hereinafter the “shop’s web interface”).

1.2.   The Business Terms do not relate to cases where a person intending to buy goods from the Vendor is a legal entity or a person who is negotiating when ordering goods in the course of their business or in the independent pursuit of their profession.

1.3.   Provisions differing from the terms and conditions may be negotiated in the Purchase Contract. Differing arrangements in the Purchase Contract take precedence over the provisions of the terms and conditions.

1.4.   The provisions of the Business Terms are an integral part of the Purchase Contract. The Purchase Contract and the Business Terms are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

1.5.   The Vendor may change or supplement the wording of the Business Terms. This provision does not affect the rights and obligations arising during the period in which the previous wording of the terms and conditions was valid.

2.     User account

2.1.    On the basis of the Buyer registering on the Website, the Buyer can access their user interface. The Buyer can order goods from the user interface (hereinafter the “User Account”). If the shop’s web interface so allows, the Buyer can also order goods directly from the shop’s web interface without registration.

2.2.    During registration to the web page and whilst ordering goods, the Buyer is obliged to enter all data correctly and truthfully. Any change in the details given in the User Account must be updated by the Buyer. The Vendor deems the details provided by the Buyer when ordering goods in the User Account to be correct.

2.3.    Access to the User Account is secured by a user name and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his/her User Account

2.4.    The Buyer is not authorized to allow third parties use of the User Account.

2.5.    The Vendor may cancel the User Account, especially if the Buyer does not use his/her User Account for more than 6 months or if the Buyer breaches his/her obligations arising from the Purchase Contract (including the Business Terms).

2.6.    The Buyer is aware that the User Account may not be constantly available, especially with regard to the necessary maintenance of the Vendor’s hardware and software or the need to maintain the hardware and software by third parties.

3.     Concluding a Purchase Contract

3.1.    The entire presentation of the goods in the web interface is of an informative character and the Vendor is not obliged to conclude a Purchase Contract with regards to these goods. The provisions of Section 1732 (2) of the Civil Code do not apply.

3.2.    The shop’s web interface contains information about the goods, including the prices of the individual goods and the costs for returning the goods if, due to their nature, these goods cannot be returned by the normal postal route. The prices of the goods include VAT. The prices of the goods remain valid for as long as they are displayed in the shop’s web interface. This provision does not limit the Vendor’s option to conclude a Purchase Contract for individually negotiated terms.

3.3.    The shop’s web interface also includes information on the cost of packaging and delivering the goods. The information on the costs associated with packaging and delivering the goods provided on the shop’s web interface is only valid in cases when the goods are delivered within the territory of the Czech Republic.

3.4.    To order the goods, the Buyer completes the order form in the shop’s web interface. The order form primarily contains information about:

3.4.1. the goods ordered (the Buyer “puts” the goods ordered into the electronic shopping cart of the shop’s web interface),

3.4.2. the manner of paying the purchase price of the goods, details of the manner of delivering the goods ordered and

3.4.3. the costs associated with delivering the goods (hereinafter jointly referred to as the “Order”).

3.5.    Prior to sending the Order to the Vendor, the Buyer is able to check and alter the data that the Buyer has placed in the Order, that being also with regard to the Buyer’s ability to identify and correct any mistakes that occurred when entering the data into the Order. The Buyer sends the Order to the Vendor by clicking on the “CONFIRM ORDER” button. The Vendor considers the data given in the Order to be correct. Upon receiving the Order the Vendor immediately confirms receipt by sending an e-mail to the Buyer’s e-mail address in the User Account or in the Order (hereinafter the “Buyer’s e-mail address”).

3.6.    The contractual relationship between the Vendor and the Buyer arises with the delivery of receipt of the Order (acceptance) which the Vendor sends to the Buyer by an e-mail to the Buyer’s e-mail address

3.7.    The Buyer agrees to use remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Contract (the costs for the internet connection, telephone calls) are borne by the Buyer, whilst these costs do not differ from the basic rate.

4.     Price of the goods and payment terms

4.1.    The Buyer may pay the Vendor for the goods and any costs associated with the delivery of the goods, pursuant to the Purchase Contract, in any of the following ways:

in cash upon delivery at the place specified by the Buyer in the order;

by a cashless transfer to the Vendor’s account number 1021005729/5500, kept at Raiffeissenbak (hereinafter the “Vendor’s Account”);

by using a cashless payment card;

4.2.    Together with the purchase price, the Buyer is also required to pay the Vendor the agreed amount for the cost of packaging and delivering the goods. Unless explicitly specified otherwise, it is further understood to be the purchase price and the costs associated with delivery of the goods.

4.3.    The Vendor does not ask the Buyer for a deposit or other similar payment. This does not affect the provisions of Article 4.6 of the Business Terms with respect to the obligation to pay the purchase price of the goods in advance.

4.4.    In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 5 days of concluding the Purchase Contract.

4.5.    In the case of a non-cash payment, the Buyer is required to pay the purchase price of the goods whilst stating the variable payment symbol. In the case of a non-cash payment, the Buyer’s obligation to pay the purchase price is met when the relevant amount is credited to the Vendor’s account.

4.6.    The Vendor is entitled to demand the full purchase price be paid before the goods are sent to the Buyer.

4.7.    Any discounts on the price of goods provided by the Vendor to the Buyer cannot be combined.

4.8.    If it is customary in the business relationship or if it is stipulated by generally binding legal regulations, the Vendor shall issue a tax document - invoice - to the Buyer with regards to the payments made on the basis of the Purchase Contract. The Vendor is a value added tax payer. The Vendor issues the Buyer with a tax document - invoice - after the price of the goods have been paid and sends it in electronic form to the Buyer’s e-mail address.

5.     Withdrawing from the Purchase Contract

5.1.    The Buyer is aware that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods which has been adjusted according to the wishes of the Buyer or on his/her behalf, from a purchase contract for the delivery of goods that are rapidly perishable, as well as for goods that were irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging which the consumer removed from the packaging and they cannot be returned for reasons of hygiene.

5.2.    If it does not concern the case referred to in Article 5.1 or another case where it is not possible to withdraw from the Purchase Contract, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, that being within 14 days from receipt of the goods, whereas, in the case that the Purchase Contract concerns several types of goods or the delivery of several parts, this period runs from the date of receiving the last delivery of the goods. The withdrawal from the Purchase Contract must be sent to the Vendor, together with the goods, within the time limit specified in the previous sentence. The Buyer must send the withdrawal from the Purchase Contract, along with the goods, to the Vendor’s address svorto s.r.o. U letiště 1037, Otrokovice 765 02.

5.3.    In the case of a withdrawal from the Purchase Contract according to Art. 5.2 of the Business Terms, the Purchase Contract is cancelled from the beginning. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with returning the goods to the Vendor, even if the nature of the goods means they cannot be returned by the normal postal route.

5.4.    Withdrawal from the contract is only possible if the Buyer returns the goods packaged in the intact original packaging, undamaged, not worn, unsoiled and unused.

5.5.    In the event of withdrawal from the contract pursuant to Article 5.2 of the Business Terms, the Vendor shall return the pecuniary means received from the Buyer by a transfer to his/her account, that being within fourteen (14) days of the date when the Buyer returned the goods. If the Buyer withdraws from the Purchase Contract, the Vendor is not obliged to return the pecuniary means received from the Buyer before the Buyer returns the goods.

5.6.    The Vendor is unilaterally entitled to deduct reimbursement for damages from the Buyer’s claim for a refund of the purchase price.

5.7.    The Vendor is entitled to withdraw from the Purchase Contract at any time until the goods are received by the Buyer. In such a case, the Vendor shall return the purchase price to the Buyer without undue delay, that being by cashless payment to the Buyer’s account.

5.8.    If the Buyer is provided with a gift together with the goods, the gift agreement between the Vendor and the Buyer is concluded with the cancellation condition that if the Vendor withdraws from the Purchase Contract, the gift agreement is forfeit and the Buyer is obliged to return the goods to the Vendor together with the gift.

6.     Transport and delivery of goods

6.1.    If the mode of transport is agreed upon on the basis of a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.

6.2.    If, pursuant to the Purchase Contract, the Vendor is obliged to deliver the goods to a place specified by the Buyer, the Buyer is obliged to receive the goods upon delivery.

6.3.   If, on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.

6.4.    When receiving the goods from the haulier, the Buyer is obliged to check the goods’ packaging is intact and, in the event of any defects, to notify the haulier of this immediately. In the event of a disruption to the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take delivery of the consignment from the haulier.

6.5.    Other rights and obligations of parties in the carriage of goods may alter the Vendor’s special delivery terms, if issued by the Vendor.

7.     Rights from Defective Performance

7.1.    The rights and obligations of the contracting parties with regards to the rights from Defective Performance are governed by the pertinent generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).

7.2.    The Vendor is liable to the Buyer that the goods are free of defects upon receipt. In particular, the Vendor is liable to the Buyer that at the time the Buyer receives the goods:

7.2.1. the goods have the properties that the parties have arranged and, if an arrangement is lacking, have the properties that the Vendor or the manufacturer described or which the Buyer expected with regard to the nature of the goods and the advertising made for them,

7.2.2. the goods are fit for the purpose which the Vendor stated or for which goods of this type are normally used,

7.2.3. the goods correspond to the quality or design of the conventional sample or model if the quality or design was determined on the basis of a conventional sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight and

7.2.5. the goods comply with legal requirements.

7.3.    The provisions of Article 7.2 of the Business Terms shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, for wear and tear of the goods due to its normal use, in the case of second-hand goods, the corresponding degree of use or wear and tear which the goods had at the time of receipt by the Buyer, or if it results from the nature of the goods.

7.4.    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 at the Vendor’s premises svorto s.r.o. U letiště 1037, Otrokovice 765 02. The moment of making the complaint is taken to be the moment the Vendor receives the goods from the Buyer.

8.     Other rights and obligations of the contracting parties

8.1.    The Buyer acquires ownership of the goods by paying the full purchase price for the goods.

8.2.    The Vendor is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) the Civil Code.

8.3.    The Vendor ensures an out-of-court settlement of a consumer complaint by means of the electronic address svorto@svorto.cz. The Vendor sends the Buyer information on settling the complaint to the Buyer’s electronic address.

8.4.   The Vendor is authorized to sell the goods on the basis of a trade licence. The relevant Trade Licensing Office carries out an inspection of the trade licence within the scope of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of the observance of Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.5.    The Buyer hereby takes on the risk of a change in circumstances in accordance with Section 1765 (2) of the Civil Code.

9.     Personal data protection

9.1.    The protection of the personal data of a Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2.    The Buyer agrees to the processing of the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as “personal data”).

9.3.    The Buyer agrees to the Vendor processing the personal data for the purpose of exercising the rights and obligations of the Purchase Contract and for the purpose of maintaining the User Account. If the Buyer does not choose another option, he/she agrees to the Vendor also processing personal data for the purposes of sending the Buyer information and commercial communications. Consent to the processing of personal data to the full extent pursuant to this Article is not a condition that would in itself make it impossible to conclude a Purchase Contract.

9.4.    The Buyer is aware that he/she is required to correctly and truthfully state his/her personal details (when registering, in his/her user account, when ordering from the shop’s web interface) and is obliged to inform the Vendor of any change in his/her personal data without undue delay.

9.5.    The Vendor may assign the processing of the Buyer’s personal data to a third party as a processor. Apart from persons transporting goods, the Vendor will not pass on the Buyer’s personal data to third parties without the Buyer’s prior consent.

9.6.    Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner

9.7.    The Buyer confirms that the personal data provided are accurate and that he/she has been advised that this concerns a voluntary provision of personal data.

9.8.    If the Buyer believes that the Vendor or processor (Article 9.5) processes his/her personal data in a manner that contravenes the protection of the Buyer’s private and personal life or contravenes the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, he/she may:

9.8.1. demand an explanation from the Vendor or processor,

9.8.2.demand the Vendor or processor remove the resulting state of affairs.

9.9.    If the Buyer demands information about the processing of his/her personal data, the Vendor is required to pass on this information. For providing the information under the preceding sentence the Vendor has the right to an appropriate reimbursement not exceeding the costs necessary to provide the information.

10.  Sending commercial communications and storing cookies

10.1. The Buyer agrees to being sent information related to the Vendor’s goods, services, or business that being to the Buyer’s electronic address, and also agrees to the Vendor sending commercial communications to the Buyer’s electronic address.

10.2. The Buyer agrees to cookies being saved on his/her computer. If the purchase can be made on the website and the Vendor’s obligations under the purchase agreement are met without the cookies being saved on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time

11.  Delivery

11.1. The shipment will be delivered to the buyer at the address indicated in the electronic order.

12.  Final Provisions

12.1. If a relationship based on the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights under generally binding legal regulations.

12.2. If any provision of the Business Terms is invalid or ineffective, then such a provision will be introduced to the extent that its meaning is as close as possible to the purpose of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.3. The Purchase Contract, including the Business Terms, is archived by the Vendor in electronic form and is not accessible

12.4. Contact details for the Vendor: Delivery address svorto s.r.o. Průběžná 30, Postcode 100 00, Praha 10, e-mail address svorto@svorto.cz, telephone: 241740339

 

If a consumer dispute occurs between svorto s.r.o. and a consumer arising from a Purchase Contract or a service contract which cannot be settled by mutual agreement, the consumer may submit a proposal for an out-of-court settlement for such dispute to the designated body for out-of-court settlements to consumer disputes, which is

The Czech Trade Inspection Authority - Central Inspectorate - ADR Department Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Web:adr.coi.cz

The consumer can also use the platform for resolving disputes online, which was set up by the European Commission athttp://ec.europa.eu/consumers/odr/

In Prague on 15.1.2018