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0 Items - 0,00 KčGeneral Terms and Conditions
Basic provision
1. These General Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”)
Premisa TZB s.r.o.
ID: 05645107
Tax ID: CZ05645107
headquarters: Podolská 401/50, Podolí, 147 00 Prague 4
registered at the Municipal Court in Prague, section C, liner 268209
Contact information:
email: info@inteligentni.house
Phone: +420773647244
www: inteligentni.house
(hereinafter referred to as "Seller")
2. These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who concludes the Purchase Contract outside of his business as a consumer or in as part of its business activities (hereinafter referred to as the "Buyer") via the web interface available on the Website at the internet address smart-building.store (hereafter "e-shop").
3. Terms and conditions of business are an integral part of the purchase contract. Different arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase Agreement are concluded in English language, but in case of discrepancies or doubts, the Czech language version of these Terms and Conditions is the decisive document.
Information about goods and prices
1. Information about the goods, including the indication of the prices of the individual goods and its main characteristics, are given for the individual goods in the online store catalog. The prices of the goods are clearly shown both with and without VAT, include also all related fees and the cost of returning the goods if, by their nature, cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not exclude the conclusion of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the internet shop catalog is of informative character and the seller is not obliged to conclude a purchase contract regarding this goods.
3. Information about the costs of packaging and delivery of goods is published in the online store.
4. Any purchase price discounts of the goods cannot be combined with one another discounts, unless the seller agrees to otherwise.
Order and purchase contract
1. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (the cost of Internet connection, the cost of telephone calls) pays the buyer himself. These costs do not differ from the base rate.
2. The buyer orders the goods in the following ways:
3. When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data entered into the order. The buyer sends the order to the seller by clicking on the button "I confirm my order". The data entered while placing the order are considered correct by the seller. The order is only valid if all mandatory data in the order form are filled in and after the buyer's confirmation that he / she has become acquainted with these Terms and Conditions.
5. Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract conclusion. The purchase contract is only concluded upon receipt of the order by the seller. The order receipt is delivered to the buyer's email address.
6. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the Buyer's confirmation of acceptance of this offer to the Seller at his / her email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received the Seller's receipt of the order. The Buyer may cancel the order by telephone to the seller's telephone number or email address listed in conditions.
8. In case of an obvious technical error on the part of the Seller regarding the price of the goods in e-shop or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously wrong price. The Seller informs the Buyer of the error without delay and sends the Buyer to his email address a modified offer. The modified offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by a confirmation of receipt by the Buyer to the Seller's email address.
Customer's account
1. Upon registration by the Buyer made in the online store, the Buyer can access his customer account. Buyers can order goods from their customer account. The Buyer can also order goods without registration.
2. When registering for a customer account and ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the Buyer in the customer account and when ordering goods is considered by the Seller to be correct.
3. Access to the customer account is secured by user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The Buyer is not entitled to allow the use of the Customer Account to third parties.
5. The Seller may cancel the User Account, especially if the Buyer does not use the User Account longer, or if the Buyer breaches its obligations under the Purchase Agreement and these Terms and Conditions.
6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software of the Seller or necessary maintenance of hardware and software of third parties.
Terms of payment and delivery of goods
1. 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 in the following ways:
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed amount. Unless expressly stated otherwise below, the purchase price shall be understood to include also the costs associated with the delivery of the goods.
3. In the case of payment via the payment gateway, the buyer shall follow the instructions of the electronic payment provider of the e-shop.
4. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's bank account.
5. The Seller does not require the Buyer to make any advance payment or other similar payment in advance. Payment of the purchase price before shipment is not a deposit.
6. Goods are delivered to the Buyer to the address specified by the Buyer in the order.
7. Cost of delivery of goods, depending on the method of shipment, are listed in Buyer's Order and in the order confirmation by Seller. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
8. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery. In the event that the goods must be delivered repeatedly, or in any other way than stated in the order, for reasons that the Buyer is responsible for, the Buyer is obliged to pay any costs associated with the repeated delivery of the goods and other costs associated with other means of delivery.
9. Upon receiving of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer is not obliged to receive the consignment from the carrier.
10. The Seller issues a tax document - invoice - to the buyer. The tax document is sent to the email address of the buyer / The tax document is attached to the delivered goods.
11. The Buyer acquires the title to the goods by paying the entire purchase price for the goods, including delivery costs, but not before physical acceptance of the goods. Liability for accidental destruction, damage or loss of goods passes to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to accept the goods but, contrary to the contract, didn’t do so.
Withdrawal from the contract
1. The Buyer who has concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
3. The Buyer may not, inter alia, withdraw from the Purchase Agreement:
4. To comply with the withdrawal deadline, the Buyer must send a withdrawal declaration within the withdrawal period.
5. For withdrawal from the contract, the Buyer can use the standard form to withdrawal from the contract provided by the Seller. Withdrawal from the Purchase Contract shall be sent by the Buyer to the Seller's email or delivery address specified in conditions. The Seller shall confirm to the Buyer without delay the receipt of the form.
6. The Buyer who has withdrawn from the contract is obliged to return the goods to the Seller within 14 days of withdrawal from the contract to the Seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their usual postal route due to their nature.
7. If the Buyer withdraws from the Contract, the Seller shall return to the Buyer all funds, including the delivery costs, received by the Seller immediately and at the latest within 14 days of withdrawal, in the same manner as they were received. The Seller shall return the received money to the Buyer in a different way only if the Buyer agrees with it and it does not incur additional costs.
8. If the Buyer has chosen a method other than the cheapest delivery method offered by the Seller, the Seller will return to the Buyer the cost of delivering the goods in the amount of the cheapest delivery method.
9. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer passes the goods or proves that the goods were sent to the Seller.
10. The goods must be returned by the Buyer to the Seller intact, unused and unpolluted and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for damages for the goods against the Buyer's claim for refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to the sellout of the goods, the unavailability of the goods, or when the manufacturer, importer or supplier of goods has interrupted the production or import of goods. The Seller shall immediately inform the Buyer via the e-mail address specified in the Order and shall return all funds, including delivery costs, received from him under the Contract in the same manner as the funds were received or in a manner determined by the Buyer within 14 days of notification of withdrawal.
Rights from defective performance (Warranty claim)
1. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the goods were received by the Buyer:
2. If the defect manifests itself within six months of receipt of the goods by the Buyer, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect (warranty claim) that occured within 24 months after receipt. This provision shall not apply to goods sold at a lower price due to a defect for which the lower price has been agreed, to the wear and tear of the goods caused by its normal use, in case of used goods to a defect corresponding to the degree of use or wear and tear the goods have had on receipt by the purchaser, or if this is due to the nature of the goods.
3. In the event of a defect occurring, the Buyer may submit a claim to the Seller and request:
4. The buyer has the right to withdraw from the contract:
5. The Seller is obliged to accept a complaint in any establishment in which acceptance of the claim is possible, including the registered office or place of business. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what manner of settlement of the complaint the Buyer requires, as well as a confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration, or a written justification rejection of the complaint.
6. The Seller or an employee authorized by him / her decides on the complaint immediately, in complex cases within three working days. This period does not include the period of time appropriate to the type of product or service required for the expert assessment of the defect. Complaints, including removal of defects, must be handled promptly, no later than 30 days from the date of claim, unless the Seller and the Buyer agree on a longer period. Vain expiry of this period is considered a substantial breach of the contract and the Buyer has the right to withdraw from the contract. The moment of making a complaint is considered to be the moment when the Buyer's will is manifested (exercise of the right from defective performance) to the Seller.
7. The Seller shall inform the Buyer in writing of the result of the claim.
8. The Buyer is not entitled to the right of defective performance if the Buyer knew before receiving the goods that the goods have a defect or if the Buyer himself caused the defect.
9. In the case of a justified complaint, the Buyer has the right to compensation of the costs incurred in connection with the claim. The Buyer may exercise this right within one month after the expiration of the warranty period.
10. The Buyer has the choice of the method of complaint.
11. Rights and Obligations of the Parties with respect to the Rights from defective performance (Warranty claim) is governed by Czech law, specifically by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by Act no. 634/1992 Coll., On Consumer Protection.
Delivery
1. The Contracting Parties may deliver all written correspondence by e-mail.
2. The Buyer delivers correspondence to the seller to the e-mail address specified in these conditions. The Seller delivers correspondence to the Buyer at the email address specified in his customer account or order.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority, based in Štěpánská 567/15, 120 00 Praha 2, IČ (identification number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer from the purchase contract.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point of the European Parliament and Council Regulation (EU) No. 524/2013 of 21 May 2013 on online consumer dispute resolution and Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (on online consumer dispute resolution).
3. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection Authority performs supervision of compliance with Act no. 634/1992 Coll., On Consumer Protection.
Final Provisions
1. All arrangements between the Seller and the Buyer are governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
2. The Seller is not bound by any codes of conduct in relation to the Buyer Pursuant to § 1826 (1) (a) e) of the Civil Code.
3. All rights to Seller's website, in particular copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and features, belongs to the Seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors arising as a result of third party interference in the Internet shop or as a result of its use contrary to its purpose. The Buyer may not use any practices that could adversely affect its operation and may not engage in any activity that might allow him/her or third parties to tamper with or unauthorize use of the software or other components of the e-shop and use the e-shop, its parts or software in such a way that is contrary to its purpose or function.
5. The Buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 (2) of the Civil Code.
6. The Purchase Agreement including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
7. The Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
These Terms and Conditions become effective on 10.5.2019
Special Terms and Conditions for Advertising on smart-building.store in the "Second-hand store" section
1. Introduction
Company Premisa TZB s.r.o., based in Prague 4, Podolská 401/50, postal code: 147 00, ID: 05645107, VAT ID: CZ05645107, registered in the Commercial Register maintained by the Municipal Court in Prague, file no.: C 268209 is an internet server operator of smart-building.store and second-hand advertising that the server allows ("Operator"), available on the Internet (URL): http://www.smart-building.store ("Smart-building.store" or "Server") and through which offers of goods and / or services (hereinafter referred to as "Advertisements" or individually only "Advertisement") of advertisers of the Server (hereinafter referred to as "Advertisers" or individually only "Advertiser") under the terms and conditions (hereinafter referred to as "Terms").
In cases where the user is in consumer relationship to the company Premisa TZB s.r.o., based in Prague 4, Podolská 401/50, postal code: 147 00, ID: 05645107, VAT ID: CZ05645107, registered in the Commercial Register maintained by the Municipal Court in Prague, file no.: C 268209 and a consumer dispute arises that cannot be resolved by mutual agreement, the user may, as a consumer, submit for out-of-court settlement of the consumer dispute to the Czech Trade Inspection Authority (Central Inspectorate - ADR Department, located at Štěpánská 15, 120 00 Prague 2, e-mail: adr@coi.cz, web: adr.coi.cz). In such cases, user may also use the online consumer dispute resolution platform set up by the European Commission and available at: http://ec.europa.eu/consumers/odr/
2. Description of the "Second-hand store" service on Smart-building.store
The server offers an option to post Advertisers' Advertisements for the offer and sale of goods and / or services to those interested in such goods and / or services (hereinafter referred to as "Prospective buyers" or "Prospective buyer"), and allowing Prospective buyers to search for individual Advertisements posted on the Server.
3. The Advertiser's Requirements
3.1. Advertisements may only be uploaded to the Server by legal persons holding a Person Identification Number ("ID") and / or Tax Identification Number ("TIN") / Value added tax identification number ("VAT ID").
3.2. User input is considered correct, complete, and true.
3.3. A user - legal entity - can also create a user account where his / her data will remain.
3.4. The Operator shall not be liable for misuse of the Advertiser's user account or the Advertiser's personal data by a third party if the Advertiser has disclosed his / her user account and password to a third party or has allowed such third party access.
4. Rights and obligations of the parties
4.1. The Advertiser can post to the Server only Advertisements approved by the Operator.
4.2. Advertiser is responsible for the content of the advertisement. The Operator takes no responsibility for the content of the Advertisement. The Advertiser is obliged to adhere to these Terms and Conditions and applicable laws when posting the Advertisement.
4.3. The Advertiser is responsible for ensuring that the rights of third parties are not affected by the content of the Advertisement and / or photographs or other files attached to the Advertisement. The Operator is not responsible for interference with the rights of third parties by the Advertiser.
4.4. In the event that the Advertiser attaches photographs to the Advertisement of which is he / she the author, a non-exclusive license to use the photos is granted at the time when the Advertisement is posted posted to the Server and is granted to the Operator for the time of publication of the Advertisement on the Server and is subject to the methods of use determined by the Server and will be used in accordance with these Terms and Conditions.
4.5. Advertiser may not attach photos from Advertisements of other Advertisers that the other Advertisers are author of and that capture the concrete products the other Advertisers are selling.
4.6. The Operator reserves the right to remove photographs from the Server that do not comply with the rules set forth in these Terms and Conditions and the Advertising Rules.
4.7. The Advertiser is obliged in the Advertisement to provide complete and truthful information about the offered goods and / or service, including information on the functionality of the goods, possible damage, wear, defects and conditions of sale of goods / services.
4.8. Only one type of goods or service can be advertised in one Advertisement. The Advertiser is entitled to advertise the same type of goods or services in multiple pieces in one Advertisement.
4.9. Advertiser is not authorized to upload duplicate Advertisements on the Server. Duplicate Advertisement means an Advertisement identical to another Advertisement and / or Advertisement through which identical goods / services are offered under similar terms.
4.10. The Advertiser is obliged to fill in all mandatory fields in the interface when inserting the advertisement, in particular he / she is obliged to provide true details of his / her person, active e-mail address and telephone number in the shopping cart while paying for publication of the Advertisement. The Operator reserves the right to remove from the Server Advertisements that do not contain the Advertiser's contact details or contain the Advertiser's contact details false or out of date without compensation. The scope of the Ad may not exceed the limits set by the Server when entering the Ad.
4.11. Advertisement on the Server is charged service, the fee is always clearly visible and understandable on the Server.
4.12. Advertisement is displayed on the Server for a limited period of 60 days. The Advertiser acknowledges that by the expiration of 60 days from the date of publication of the Advertisement, the Advertisement will not be displayed on the public part of the Server. The advertisement may also be removed by the Operator prior to the expiration of this period, as well as may be retained by the Operator after the expiration of this period.
4.13. The Advertiser may ask the Operator to remove his / her Advertisement and the Operator is obliged to do so without undue delay.
4.14. The Advertiser's Advertisement is displayed on the Server in the "Second-hand store" section under the "Displayed Products" section after being approved by the Operator.
4.15. The Advertiser will be contacted by the Prospective buyer through contacts that are displayed in the detail of the Advertisement, or the Operator will inform about the Prospective buyer.
4.16. The Operator mediates contact between the Advertiser and the Prospective buyer. The Operator takes no liability and no responsibility for the quality or origin of the goods and / or services offered or for their fitness for the purpose for which they are intended. The relationship between the Advertiser and the Prospective buyer is governed by the provisions of Act No. 89/2012 Coll., The Civil Code. Responsibility for the delivery, receipt of goods or provision of the Service and the payment of goods and / or services shall be borne entirely by the Advertiser and the Prospective buyer.
4.17. The Operator is entitled to hide or remove the Advertisements, which, at its option, do not meet these conditions, even without a prior call for redress and with no refund. The Operator is also entitled to exclude the Advertiser from the System at any time and / or to deny him access to the Server, in particular due to violation of any of the provisions of these Terms.
4.18. The Operator is entitled to remove Advertisements at any time if changes are made to the Server or in case of the legitimate interests of the Operator or in case of the protection of third party rights; the Operator is entitled to do so without giving any reason.
4.19. Individual advertisements may be assigned to different groups or categories according to the Operator's specification for the purpose of displaying on the Server. In this context, the Operator is also entitled to modify the displayed data at its discretion. The Operator reserves the right to determine the method of displaying Advertisements on the Server, including the manner of their sorting and to change this method at any time.
4.20. The Operator reserves the right to add the Server logo to the photographs attached by the Advertiser to the Advertisement and displayed on the Server.
4.21. The Operator reserves the right to check the content of the Advertisement in terms of spelling mistakes and / or typos in the text before displaying the Advertisement on the Server. By the grammatical modification of the Advertisement, the Operator takes no responsibility for the truthfulness of the data contained in the Advertisement, nor does the Operator believe that the Advertiser is entitled to sell the goods and / or provide the Service and that the Prospective buyer is entitled to buy or accept the products or service. In addition, the Operator is entitled to change the size of capitals used by the Advertiser.
4.22. The Operator reserves the right to check that Advertisements published on the Server are not duplicated. The Operator is entitled to remove duplicate Advertisements from the Server, even without prior remedy and without compensation.
4.24. The Operator reserves the right to verify the validity of the telephone number and e-mail entered by the Advertiser by means of a verification sms and / or verification email. In the event that the Advertiser enters a telephone number or email that is not verified by the Operator, the Operator reserves the right not to publish the Advertisement until the telephone number or email address is verified by the Operator.
4.25. Although the Operator uses modern technology, it does not guarantee continuous operation, error-free operation and security of the Server System. The Operator assumes no liability for service interruption due to technical problems, in particular liability for damage that may arise to the Advertiser or the Prospective buyer as a result of total or partial malfunction of the Server system, or loss of data located in the Server system.
5. Financial conditions
5.1. The publication of the Advertisement is charged, the price is always clearly stated on the Server.
5.2. In the event that the Operator registers an Advertisers' receivable after the due date, the Operator is entitled not to publish the Advertiser Advertisements until the time of full payment.
6. Processing of personal data
6.1. The operator proceeds in the processing of personal data in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation); On the Protection of Personal Data and by the Act, which this Act will replace in accordance with the implementation of the aforementioned Regulation, Act No. 480/2004 b., On some information society services, Act No. 127/2005 Coll., On Electronic Communications and other legislation governing the protection of personal data.
6.2. For the purposes of the use of the Server's Service by the Advertiser and the Prospective buyer, in particular the publication of Advertisements and the mediation of contact between the Advertiser and the Prospective buyer, the Operator is entitled to process the Advertiser's and Customer's personal data or personal data provided or entered by the Advertiser or the Prospective buyer when using the Server (especially address, descriptive and billing information) .
6.3. Such processing of personal data is lawful as it is necessary for the performance of a contract under which the Advertiser and the Applicant use the services of the Server and to which the Advertiser or the Candidate is a party as a data subject.
6.4. In specific cases, the Operator may process personal data beyond the scope of Article 6.2. and 6.3. Of these Terms and Conditions, if such processing is necessary for the purposes of the Operator's or third parties' legitimate interests, always in accordance with the legal requirements for the processing of personal data.
6.5. In accordance with Act No. 480/2004 Coll., On Certain Information Society Services, the Advertiser hereby grants the Operator consent to receive commercial communications with information about the Operator's services and products, and to the Advertiser provided email addresses.
6.6. If the Advertiser or the Prospective buyer has submitted or handed over to the Operator personal data of its employees or other natural persons, the Advertiser or the Prospective buyer is obliged to inform these individuals about the processing of personal data. At the same time, the Advertiser is obliged to inform about the sending of the Operator's commercial communications to the extent specified herein and to ensure the lawfulness of the processing of personal data. Otherwise, the Advertiser or the Prospective buyer is liable to the Operator for the damage caused.
6.7. More detailed information on handling personal data is available on the Operator's website, in the relevant section.
7. Final Provisions
8.1. The Operator reserves the right to deny the Advertiser access to his account on the Server and at the same time to delete the entire history of Advertisers' Advertisements if he / she have not signed up for the Server for two years.
8.2. The Operator reserves the right to unilaterally change these Terms and Conditions as as well as the price for advertising, especially in the event of a change in legislation, a technical change in the Service or services related to the Service or in the event of a change in operational, organizational or business processes at the Operator.
These Terms and Conditions become valid and effective on July 12, 2019.
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