1. Introductory provisions
These terms and conditions define and specify the rights and obligations of the seller and the buyer within the framework of contractual relationships concluded through the online store www.gun.cz.
With these terms and conditions, the customer has the option to acquaint in advance - before sending his order. By submiting of my order I agree with these business requirements and confirming them.
The seller and operator of the online store www.gun.cz is: NEXT COMPANY s.r.o. Trnitá 373/14, Brno 602 00, IČ: 27812669 VAT number: CZ27812669 The place of fulfillment of all contractual relationships is at Trnitá 373/14, Brno 602 00.
All contractual relationships are governed by the legal system of the Czech Republic.
2. Definition of terms
3. Conclusion of the purchase contract
Properly filled out and sent through the online store www.gun.cz or the buyer's order placed over the phone is a binding proposal to conclude a purchase contract with the seller, while the buyer is bound by his proposal to conclude a purchase contract for a period of 21 days from the sending of the order. Alternatively, you will receive the received order within the meaning of § 1827 paragraph 1 of the Civil Code by e-mail to the e-mail address indicated with the acceptance mail, while this confirmation is not a proposal to conclude a purchase contract. The purchase contract itself is an acceptance proposal for the conclusion of the purchase contract by the seller, whereby acceptance is considered to be the sending of the goods by the seller to the buyer or the express acceptance of the proposal for the conclusion of the purchase contract by the seller via e-mail or telephone. The consumer has the right to cancel the order, i.e. withdraw his proposal to conclude a purchase contract, without penalties until the moment the goods are dispatched. The consumer is obliged to notify the seller of this fact by e-mail or by telephone. If the buyer wants to cancel an order for goods that were specially ordered for him by agreement, a fee of 50% of the purchase price of the goods is set. The purchase contract is concluded in the Czech language. After conclusion, the purchase contract is archived only for the time necessary for its processing, during which time it is possible to make it available at the consumer's written request. You can change the order and correct errors at the time the goods are sent for shipment. The seller has the right to cancel the order without issue, if the goods have already been discontinued, are unavailable for a long time or sold out. In the event that this situation occurs, the seller will be contacted in order to agree on the next course of action. In cases where the stock availability of the goods "on request" is indicated for the product, it is considered that the consumer asks the seller of the means of communication remotely or in another way about the availability of the goods, or the current price. The seller has the right to cancel the order if the buyer requests to deliver goods whose availability is indicated "on request", although the goods are not physically in stock.
4. Withdrawal of the consumer from the contract according to § 1829 paragraph 1 of the Civil Code
The consumer has the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of the goods (in the case of a purchase contract, the subject of which is several types of goods or the delivery of several parts, from the date of receipt of the last delivery of goods; in the case of a purchase contract, the subject of which is regular repeated delivery goods, from the date of acceptance of the first delivery of goods).
For the purpose of exercising the right to withdraw from the contract, the consumer must inform the seller, which is NEXT COMPANY s.r.o., about his withdrawal from this contract. Trnitá 373/14, Brno 602 00, tel. 777 811 888, email: firstname.lastname@example.org, in the form of unilateral legal action (for example, by letter sent through a postal service provider or by e-mail). In order to comply with the deadline for withdrawing from this contract, it is sufficient to send the withdrawal from the contract before the expiry of the relevant deadline. If the consumer withdraws from the purchase contract, all payments received from the consumer, including delivery costs (except for additional costs incurred as a result of of the chosen delivery method, which is different from the cheapest standard delivery method offered by the seller). To refund payments, the seller uses a bank transfer to the consumer's bank account. The seller will return the payment to the consumer only after receiving and checking the returned goods or if the consumer proves that he sent the goods back. The consumer must send the goods back or deliver them to the address Trnitá 14, Brno 602 00 without undue delay, no later than 14 days from the date of withdrawal from the purchase contract, and the consumer will bear the direct costs associated with returning the goods. The deadline is considered to have been met if the consumer sends the goods back to the seller before the expiry of 14 days. The consumer is responsible for the reduction in the value of the goods as a result of handling these goods in a way other than that which is necessary to familiarize himself with the nature and properties of the goods, including their functionality. The consumer acknowledges that if the returned goods are damaged or worn, the seller is entitled to compensation for the damage caused to the buyer. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for a refund of the purchase price. In accordance with § 1837 of the Civil Code, the consumer cannot withdraw from the contract:
• provision of services, if they were fulfilled with his prior express consent before the expiration of the period for withdrawal from the contract and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract,
• the supply of goods or services, the price of which depends on fluctuations in the financial market, regardless of the entrepreneur's will, and which may occur during the period for withdrawing from the contract,
• delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the entrepreneur's will,
• the delivery of goods that have been modified according to the wishes of the consumer or for his person,
• delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• repair or maintenance carried out at the place designated by the consumer at his request; however, this does not apply in the event of subsequent repairs other than requested or delivery of spare parts other than requested,
• delivery of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it,
• the delivery of an audio or video recording or a computer program, if it has violated their original packaging,
• delivery of newspapers, periodicals or magazines,
• accommodation, transport, catering or use of free time, if the entrepreneur provides these services within the specified period,
• concluded on the basis of a public auction in accordance with the law regulating public auctions, or
• delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such case he does not have the right to withdraw from the contract. It is not possible to withdraw from the contract without giving a reason if the goods have already been partially consumed. It is also not possible to withdraw from the contract for goods whose nature precludes this, especially for hygienic reasons. If the returned goods are incomplete, damaged or visibly worn, the seller can claim damages.
5. Withdrawal from the contract by a buyer who is not a consumer (purchase with ID number/VAT)
In the case of a buyer who is not a consumer, it is not possible to withdraw from the contract.
The cost of postage, which you bear and buy for this postage and packaging, is governed by the seller's current price list, which can be found on the website www.gun.cz.
7. Payment terms
• Cash on delivery - the buyer pays the money for the goods only when the goods are received by the postman (courier) or at the post office.
• Bank - after receiving the order (proposal for concluding a purchase contract), it sends the seller the amount of the purchase price, the account number and the variable payment symbol. The buyer will pay the goods to the seller's bank account before sending the goods, otherwise the goods will not be sent or handed over. This method of payment of the purchase price is considered an advance payment for the purchase price.
• Cash on delivery (personal collection) - I will pay for the goods in cash upon receipt of the goods at the seller's branch, after confirmation by the seller that the goods are ready in stock.
8. Right from defective performance
The buyer's right from defective performance is based on the fact that the item has a defect when the risk of damage is transferred to the buyer, only to be manifested later. The buyer's right is also based on a defect that arose later, which the seller caused by breaching his obligation. If defective performance constitutes a material breach of contract, the buyer has the right to:
The buyer shall inform the seller of the right he has chosen upon notification of the defect, or without undue delay after notification of the defect. The choice made cannot be changed without the seller's consent; this does not apply if the buyer requested repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the buyer that he will not remove the defects, he may demand a reasonable discount from the purchase price instead of removing the defect, or he may withdraw from the contract. If the buyer does not choose his right in time, he has the same rights as in the case of an immaterial contract. If the defective performance is an insignificant breach of the contract, the buyer has the right to have the defects removed, or to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a discount on the purchase price or withdraw from the contract, the seller can supply what is missing or remove the legal defect. Other defects can be removed by the seller at his option by repairing the item or delivering a new item; must not cause disproportionate costs. If the seller does not remove the item's defect in time or refuses to remove the item's defect, he may demand a discount from the purchase price, or he may withdraw from the contract. The choice made cannot be changed without the seller's consent. I want to withdraw from the contract, nor can you ask for new items if he cannot return the item in the condition in which he received it.
This does not apply if
a) there was a change in condition as a result of an inspection for the purpose of detecting a defect in the item,
b) if he used to buy the item before the defect was discovered,
c) if the buyer did not cause the impossibility of returning the item in an unchanged state of action or by omission, or
d) if the buyer sold the thing before the discovery of the defect, if he used it, or if he changed the thing during normal use;
if this happened only in part, the buyer will return to the seller what he can still return, and will give compensation to the seller up to the amount in which he benefited from the use of the item. If the buyer does not report the defect in time, he loses the right to withdraw from the contract. Defect rights apply to the seller at the following address: To send goods: Trnitá 373/14, Brno 602 00 For personal delivery: Trnitá 373/14, Brno 602 00.
Rights from defective performance and warranty for quality in the case of a buyer who is a consumer The seller is responsible to the buyer who is a consumer 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 item,
a) the item has the properties agreed upon by the parties, and in the absence of an agreement, such properties that the seller or manufacturer wrote or expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b) the item is suitable for the purpose that the seller states for its use or for which the item of this type is usually used,
c) the quality or design of the item corresponds to the contracted sample or design, or the quality or design determined according to the contracted sample or design,
d) is the thing in the corresponding quantity, measure or weight and
e) the matter complies with the conditions of legal regulations.
The buyer is entitled to exercise the right to a defect within 24 months of receiving the goods. If the item does not have the above-mentioned characteristics, it may also require a new item delivered without defects, if this is not due to the nature of the defect, but if it concerns only for the parts of the item, it may only require the replacement of parts; if this is not possible, he can withdraw from the contract. However, if it is due to the fact that the defects are disproportionate, in particular to remove the defect without unnecessary delay, he has the right to remove the defects free of charge. The buyer has the right to the delivery of a new item or the replacement of parts even in the case of a removable defect, if he cannot use it properly due to the repeated occurrence of defects after repair or for a larger number of defects. In such a case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. the buyer has the right to a reasonable discount even if the seller cannot deliver the item without defects, replace its part with a new one or repair the item, as well as in the event that the seller does not remedy the situation in an appropriate time or that the remedy would cause significant difficulties for the consumer.
Defect rights apply to the seller at this address: To send the goods: Trnitá 14, Brno 602 00 For personal delivery: Trnitá 14, Brno 602 00 If you ask to buy it, confirm with the seller in writing, to what extent and after how long his obligations last in case of defective performance. If the nature of the item does not prevent this, it can be confirmed with a proof of purchase of the item containing the specified data. If the buyer exercises the right from defective performance, the seller will confirm to him in writing when the right was exercised, as well as the execution of the repair and its duration.
9. Warranty for quality in the case of a buyer who is not a consumer
The seller provides the seller, who is not a consumer, with a guarantee for the quality of the goods, unless it has been agreed between the contracting parties. The seller's liability for defects in such a case is governed by the Civil Code.
10. Prices and validity of the offer
All prices are listed with VAT, which is valid at the time the order is sent. In the event that the VAT before the conclusion of the purchase contract or send the goods changes, the buyer, taking into account the second payment chosen by the buyer, is obliged to pay the arrears of the purchase price or the seller will send the buyer a notification message by e-mail if it is possible to reimburse the buyer for the overpayment of the purchase price. A proper tax document is part of the delivery of the goods. All product prices, including promotional ones, are valid until canceled or stock is released.
11. Protection of personal data
All personal data communicated to the seller will not be provided to third parties or other entities without the consent of the buyer and will be handled in accordance with Act No. 101/2000 Coll., on the protection of personal data. The buyer can request their change or deletion by e-mail at any time.
12. Final Arrangement
After its delivery to the seller, the consumer's order is archived as a proposal for concluding a purchase contract for the purpose of its fulfillment and other evidence. The individual technical steps leading to the conclusion of the contract are clear to the consumer from their own ordering process. The buyer has the opportunity to ensure and correct errors made during data entry before placing the order. The cost of using remote means of communication (telephone, internet, etc.) to make the order itself is borne by the buyer. These terms and conditions of the consumer allow their archiving and reproduction. These terms and conditions are valid from 1 January 2014.