COMPANY: APEXAGE S.R.O. 

 General Business Conditions 

1. SOME DEFINITIONS

1.1. Price is the financial amount you will pay for the Goods;

1.2. The shipping price is the financial amount that you will pay for the delivery of the Goods, including the price for its packaging;

1.3. The total price is the sum of the Price and the Shipping Price;

1.4. VAT is value added tax according to applicable legal regulations;

1.5. An invoice is a tax document issued in accordance with the Value Added Tax Act on the Total Price;

1.6. The order is your irrevocable proposal to conclude a Contract for the purchase of Goods with Us;

1.7. A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the storage of the history of ordered Goods and concluded Contracts;

1.8. You are a person shopping at Our E-shop, referred to by law as a buyer;

1.9. Goods are everything you can buy in the E-shop.

2. GENERAL PROVISIONS AND INSTRUCTIONS

2.1. The purchase of Goods is possible only through the web interface of the E-shop.

2.2. When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you provided to Us when ordering the Goods to be correct and true.

3. CONCLUSION OF CONTRACT

3.1. It is possible to conclude a contract with Us only in the Czech language, in English only after acceptance from our side.

3.2. The contract is concluded remotely via the E-shop, while the costs of using remote communication means are covered by you. However, these costs do not differ in any way from the basic rate that you pay for the use of these resources (that is, especially for Internet access), so you do not have to expect any additional costs charged by Us beyond the Total Price. By sending the Order, you agree that we use the means of remote communication.

3.3. In order for us to conclude the Agreement, you need to create a draft Order on the E-shop. This proposal must include the following information:

a) Information about the purchased Goods (in the E-shop, you indicate the Goods you are interested in purchasing with the "Add to basket" button);

b) Information on the Price, Shipping Price, method of payment of the Total Price and required method of delivery of the Goods; this information will be entered as part of the creation of the draft of the Order within the user environment of the E-shop, while the information on the Price, Shipping Price and Total Price will be entered automatically based on the Goods and the method of delivery chosen by you;

c) Your identification and contact information used to enable us to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;

d) In the case of a Contract based on which we will deliver the Goods to you regularly and repeatedly, also information on how long we will deliver the Goods to you.

3.4. During the creation of the draft of the Order, he can change and check the data until the time of its creation. After performing the check by pressing the "Order binding for payment" button, you will create the Order. However, before pressing the button, you must still confirm your familiarity with and agreement with these Terms, otherwise it will not be possible to create the Order. The check box is used for confirmation and consent. After pressing the button "Order binding for payment", all the filled-in information will be sent directly to Us.

3.5. We will confirm your Order as soon as possible after it has been delivered to Us with a message sent to your e-mail address entered in the Order. The confirmation will include a summary of the Order and these Terms. By confirming the Order on our part, the Contract between Us and You is concluded. The terms and conditions in the wording effective on the date of the Order form an integral part of the Agreement.

3.6. There may also be cases when we will not be able to confirm your Order. These are especially situations where the Goods are not available or cases where you order a larger number of Goods than is allowed on our part. However, we will always provide you with information on the maximum number of Goods in advance within the E-shop, so it should not be surprising to you. In the event that there is any reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.

3.7. In the event that an obviously incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you at this Price even if you have received confirmation of the Order, and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. If you do not confirm our offer even within 3 days of its sending, we are entitled to withdraw from the concluded Agreement. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.

3.8. In the event that the Contract is concluded, you are obligated to pay the Total Price.

3.9. If you have set up a User Account, you can place an Order through it. Even in such a case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not need to repeatedly fill in your identification data.

3.10. In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, you need to fill in the information about this discount in the pre-determined field as part of the draft Order. If you do so, the Goods will be provided to you at a discount.

4. USER ACCOUNT

4.1. Based on your registration in the E-shop, you can access your User account.

4.2. When registering a User Account, it is your duty to enter all data correctly and truthfully and to update them in the event of a change.

4.3. Access to the User account is secured by a username and password. It is your duty to maintain confidentiality regarding these access codes and not to provide this data to anyone. In the event that they are misused, we bear no responsibility.

4.4. The user account is personal, and you are therefore not authorized to allow third parties to use it.

4.5. We may cancel your User Account, especially if you do not use it for more than 2 months, or if you violate your obligations under the Agreement.

4.6. The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.

5. PRICING AND PAYMENT TERMS, RESERVATION OF TITLE

5.1. The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price specified for the Goods in the E-shop and the Price specified in the draft Order, the Price specified in the draft Order shall apply, which will always be identical to the price in the Contract. As part of the draft Order, the Price for shipping, or the conditions under which shipping is free, is also indicated.

5.2. The total price is stated including VAT, including all fees established by law.

5.3. We will require you to pay the Total Price after concluding the Contract and before handing over the Goods. You can pay the Total Price in the following ways:

a) By bank transfer. We will send you payment information as part of the Order confirmation. In case of payment by bank transfer, the Total price is payable within 7 days

b) By card online. In such a case, the payment is made via the Stripe payment gateway, and the payment is governed by the terms of this payment gateway, which are available at: https://stripe.com/en-cz/legal/payment-terms. In the case of payment by card online, the Total price is due within 24 hours. 

5.4. The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.

5.5. Ownership of the Goods is transferred to you only after you pay the Total Price and take delivery of the Goods. In the case of payment by bank transfer, the Total price is paid by crediting to Our account, in other cases it is paid at the time of payment.

6. DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THINGS

6.1. The goods will be delivered to you by the method of your choice, and you can choose from the following options:

a) Personal collection at the company's delivery points Zásilkovna, Uloženka; Předejna

b) Delivery via transport companies Česká Pošta, PPL CZ, Zásilkovna;

6.2. The goods can only be delivered within the countries announced as targets.

6.3. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time indicated on the E-shop is only indicative and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.

6.4. After taking over the Goods from the carrier, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the carrier and Us immediately of this fact. In the event that there is a defect in the packaging that indicates unauthorized handling and entry into the shipment, it is not your duty to accept the Goods from the carrier.

6.5. In the event that you breach your obligation to take over the Goods, with the exception of cases according to Article 6.4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between Us and You. However, in such a case, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to reimbursement of the price for transport, or the right to compensation for damage, if it has arisen.

6.6. If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed in the Contract, it is your duty to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for paying these costs to your e-mail address specified in the Contract and they are due 14 days after the e-mail is delivered.

6.7. Dangerous damage to the Goods passes to you at the moment you take them over. In the event that you do not take over the Goods, with the exception of the cases according to Article 6.4 of the Terms and Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, but for reasons on your part you did not take them over. The transfer of the risk of damage to the Goods means that from this moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.

6.8. In the event that the Goods were not listed as in stock in the E-shop and an approximate time of availability was indicated, we will always inform you in the event of:

a) extraordinary interruption of the production of the Goods, whereby we will always inform you of the new expected time of availability or information about the fact that it will not be possible to deliver the Goods;

b) delay in the delivery of the Goods from Our supplier, whereby we will always inform you of the new expected delivery time.

6.9. In the event that we are not able to deliver the Goods to you even within 30 days from the expiry of the delivery period of the Goods specified in the Order confirmation, for any reason, we and you are entitled to withdraw from the Contract.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are free of defects, especially if:

a) has the properties that we have agreed with you, and if they have not been expressly agreed, then those that we have stated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;

b) it is suitable for the purposes we have indicated or for purposes which are customary for Goods of this type;

c) corresponds to the quality or design of the agreed sample, if the quality or design was determined according to the sample;

d) is in adequate quantity and weight;

e) meets the requirements imposed on him by legal regulations;

f) is not encumbered by the rights of third parties.

7.2. Rights and obligations regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended later regulations).

7.3. In the event that the Goods have a defect, i.e. especially if any of the conditions according to Article 7.1 are not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. For complaints, you can also use the sample form provided by Us, which forms Appendix No. 1 of the Terms and Conditions. In exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases according to Article 7.4, without Our consent. We will handle the claim in accordance with the right you have asserted from defective performance. In the event that you do not choose to resolve the defect, you have the rights listed in Article 7.5 even in situations where the defective performance was a substantial breach of the Contract.

7.4. If defective performance is a material breach of the Agreement, you have the following rights:

a) to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;

b) to remove the defect by repairing the Goods;

c) for a reasonable discount from the Price;

d) to withdraw from the Agreement.

In the event that you choose the resolution according to points a) or b) and We do not remove the defect in this way within the reasonable period that we have indicated, or we inform you that we will not remove the defect in this way at all, you have the rights according to points c) and d), even if you they did not originally request as part of the complaint. At the same time, if you choose to remove the defect by repairing the Goods and We discover that the defect is irreparable, we will notify you and you can choose another method of removing the defect.

7.5. If defective performance is a non-material breach of the Agreement, you have the following rights:

a) to remove the defect by delivering new Goods without defects, or by delivering a missing part of the Goods;

b) to remove the defect by repairing the Goods;

c) for a reasonable discount from the Price.

7.6. In the event of a material or non-material breach, you cannot withdraw from the Contract or demand the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:

a) if there has been a change in the condition of the Goods as a result of an inspection for the purpose of detecting a defect;

b) if the Goods were used before the defect was discovered;

c) if the impossibility of returning the Goods in an unchanged state was not caused by your actions or your omission,

d) if you have sold, consumed or altered the Goods during normal use before the defect was discovered; however, if this happened only partially, the part of the Goods that can be returned is your responsibility, and in such a case you will not be refunded the part of the Prices corresponding to your benefit from the use of the part of the Goods.

7.7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we have received the complaint, when we received it and the estimated duration of the complaint handling. We will handle the complaint without undue delay, but no later than within 30 days of receiving it. 

7.8. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to compensation for the costs incurred. You are required to prove these costs, e.g. with receipts or receipts for the price of transport. In the event that the defect has been rectified by the delivery of new Goods, it is your duty to return the original Goods to Us, but the costs of this return shall be covered by Us.

7.9. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.

7.10. If you are a consumer, you have the right to assert rights from defective performance in the case of a defect that occurs in the Consumer Goods within a period of 14 days from the receipt of the Goods.

7.11. The provisions regarding the right to defects do not apply in the case of:

a) Goods that are sold at a lower price, due to a defect for which the lower price was agreed upon;

b) wear and tear of the Goods caused by their usual use;

c) used Goods corresponding to the defect

d) when it follows from the nature of the Goods.

Terms and Conditions II