Terms and conditions for e-shop
Mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”).
1.1 In these Terms and Conditions.
1.1.1 “E-shop” means a computer program – an Internet application that is available on the Internet through the Internet address mechcomp.cz, whose main functionality is displaying, selecting and ordering goods by the User;
1.1.2 “Purchase Agreement” means a Purchase Agreement within the meaning of Section 2079 et seq. of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
1.1.3 “Shopping Cart” means the part of the E-shop that is automatically generated by the User activating the relevant functions in the context of his actions in the E-shop user environment, in particular by adding or removing Goods and / or changing the quantity of selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., The Civil Code of Czech republic, as amended;
1.1.5 “Operator” means Mr. Martin Měchura, CRN(IČO): 86945599, with place of business Horní Řepčice 63, Úštěk, 411 45, Czech Republic
1.1.6 “Access data” means a unique login name and a password associated with it entered by the User into the E-shop database during the Registration;
1.1.7 “Registration” means the electronic registration of the User to the E-shop database by filling in at least the obligatory registration data in the E-shop user interface and Access data and then storing them in the E-shop database;
1.1.8 “Consumer” means the User – a person who, outside the scope of his / her business activity or outside the independent exercise of his / her profession, concludes the Agreement with the Operator or otherwise treats it;
1.1.9 “User” means any legal or natural person using the E-shop;
1.1.10 “User Account” means the part of the E-shop that is established for each User by Registration (ie. it is unique for each User) and made accessible after entering the Access Data;
1.1.11 “Goods” means the thing offered by the Operator for sale to the User through the E-shop and, if the Goods are offered with it, also the license to use this thing;
2 Information to the Consumer prior to the conclusion of the agreement
2.1 With regard to the price of the Goods and the cost of transport and other charges:
2.1.1 In the case of license agreements concluded for an indefinite period, the price of the license is agreed for the entire period of the license, unless stated otherwise.
2.1.2 Prices of provided goods, provided services and licensed content are stated on the website including and without VAT, including all fees stipulated by law, however the cost of delivery of goods or services varies according to the chosen method and the transport provider and the method of payment. The agreed price does not include any payments, fees or other remuneration that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs are borne exclusively by the User.
2.1.3 In the event of withdrawal from the agreement, the Consumer shall bear the cost of returning the Goods and, in the case of a agreement concluded by means of distance communication, the cost of returning the Goods if such goods cannot be returned by the usual postal route.
2.2 In the event that the subject of the Agreement is the delivery of digital content that is not delivered on a tangible medium, the Consumer expressly agrees that such content be delivered before the expiry of the statutory withdrawal period.
2.3 In regard of withdrawal from the agreement stands:
2.3.1 The consumer has the right to withdraw from the Purchase Agreement pursuant to Section 1829 (1) of the Civil Code within fourteen (14) days of receipt of the Goods. If the subject of the Purchase Agreement is several types of Goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement shall be sent to the Operator (as the Seller) within the period specified in this paragraph.
2.3.2 The Consumer is obliged without undue delay to return it to the Operator at the latest 14 days from the date of withdrawal from the Purchase Agreement or to hand it over to the premises of the Operator or the registered office of the Operator. The period is considered to be maintained even if the Goods are sent to the Operator no later than the last day of the above period.
2.3.3 With regard to software with electronic license, the Consumer is obliged first to cancel it’s validity by clicking on the button labeled “Deactivate”. The consumer is obliged to cancel this licence without undue delay, at the latest within 14 days from the date of withdrawal from the purchase agreement.
2.3.4 The consumer can not withdraw from the agreement:
a) on the provision of services that the Operator has performed with the prior express consent of the Consumer before the expiry of the withdrawal period;
b) on the supply of a sound or image recording or computer program, that is to say, digital content on a tangible medium if the Consumer has breached its original packaging;
c) on the supply of digital content, unless it is supplied on a tangible medium and has been supplied with the express prior consent of the Consumer before the expiry of the withdrawal period;
2.3.5 The consumer is obliged to pay a pro rata part of the price in the event of withdrawal from a agreement for the provision of services and the performance of which has already begun.
2.3.6 If the Consumer withdraws from the Purchase Agreement, he is obliged to provide in writing his bank account number for the refund of the purchase price for the Goods that may be reduced if the legal reasons for reduction are fulfilled.
2.3.7 If the Consumer withdraws from the Purchase Agreement in respect of the Goods which it returns to the Operator damaged and / or worn, especially if the original designations of the Goods (ie label, sticker, etc.) are removed, the Consumer shall reimburse the Operator for restoration of original condition of the Goods.
2.4 The Consumer shall be liable to the Operator for damage of the Goods as a result of handling such goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including its functionality.
2.5 The operator uses the possibility of out-of-court settlement of consumer complaints. In the case of a complaint, Consumers may contact the relevant staff of the Operator free of charge via the e-mail address [email protected]. A complaint can be made to the supervisory body or the state supervision. The Czech Trade Inspection Authority handles out-of-court complaints of consumers in the manner and under the conditions stipulated by the relevant legal regulations.
3 The process of concluding the Agreement
3.1 The Operator offers the Users the conclusion of the Purchase Agreement via the E-shop. The offer for concluding the Purchase Agreement by the Operator is the display of a button marked “Purchase now” in the user interface of the E-shop.
3.2 As the unconditional acceptance of the Operator’s offer for the conclusion of the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions by the User shall be deemed a click on the relevant button marked “Pay now”.
3.3 Unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions concludes the Purchase Agreement.
3.4 The agreement is concluded at the moment when the electronic information about the click on the button in the sense of paragraph 3.2 by the User reaches via the Internet the server where the E-shop is installed.
3.5 The User undertakes to fill in the correct text fields in the user interface of the E-shop with truthful and complete data, especially truthfully his / her e-mail address, identification data and possibly delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.
3.6 The Operator shall send the User an e-mail message about the conclusion of the Purchase Agreement to the e-mail address entered by the User in the relevant field in the user interface of the E-shop.
3.7 All Goods presented within the user interface of the E-shop are informative only and the Operator is not obliged to conclude a Agreement regarding this Goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
4 Purchase agreement
4.1 By concluding the Purchase Agreement, the following provisions come into effect:
4.1.1 The User purchases from the Operator the Goods selected by the User in the user interface of the E-shop by inserting them into the Shopping Cart in the quantity that the User has chosen and / or set for the given Goods in the user interface of the E-shop. User undertakes to pay the Operator for the given goods the price that is stated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User for any reason or without giving a reason. The legal action of the Operator consisting of notifying the User that he cannot deliver the Goods ordered by the User shall also be considered a withdrawal from the Purchase Agreement.
4.1.3 The Operator is entitled to ask the User for additional confirmation of the order at any time and until the receipt of the order confirmation from the User, the Operator is entitled to delay sending the Goods to the User.
4.1.4 The User has the right to choose from the options displayed in the user interface of the E-shop the method of payment of the purchase price for the Goods and eventually other monetary performance to the Operator.
4.1.5 If any of the methods of payment contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are specified for the given payment in the user interface of the E-shop.
4.1.6 In the case of cashless payment by wire transfer, the User is obliged to state the variable symbol specified by the Operator.
4.1.7 In the case of cashless payment, the obligation of the User to pay the purchase price is met when the relevant amount is credited to the Operator’s bank account.
4.1.8 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts from the price of the Goods cannot be combined with each other unless expressly stated otherwise.
4.1.9 The purchase price for the Goods does not include any payments, fees or other remuneration that the User must incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely those of the User.
4.1.10 The Operator reserves the right of ownership of the Goods subject to the Purchase Agreement until the User has paid fully the purchase price for the Goods in question.
4.1.11 The Operator undertakes to deliver the Goods to the User within a reasonable period since the conclusion of the Purchase Agreement. All deadlines for the delivery of Goods specified in the user interface of the E-shop are for reference only.
4.1.12 Upon request, the Operator shall send the User a tax document – invoice in electronic form – to the User’s e-mail address specified in the given order in the E-shop User Environment.
4.1.13 If the Operator together with the Goods provides a gift to the User, the donation agreement between the User and the Operator is concluded with the cancellation condition that if the Purchase Agreement is terminated (eg for withdrawal from the Purchase Agreement) given donation agreement perishes from the beginning together with the Purchase Agreement and the User is obliged to return the provided gift together with the goods to the Operator.
4.1.14 The Operator grants the User a warranty for the Goods, if the warranty period is specified for the Goods in the user interface of the E-shop for the period of the warranty period, and the warranty is only applicable to the Consumer.
4.1.15 The User is entitled to exercise the right to withdraw from the agreement and the rights from defective performance at the Operator’s address or official place of business. The moment when the Operator received the claimed Goods from the User shall be considered as the moment of filing the complaint.
4.1.16 If it is stated in the E-shop user environment of the Goods that it is second-hand, the User buys the Goods in the used state, including the stated defects of such Goods.
4.1.17 The risk of loss, damage and / or destruction of the Goods subject to the Purchase Agreement, passes to the User who is a Consumer at the moment of acceptance of the goods by the User.
4.1.18 The risk of loss, damage and / or destruction of the Goods subject to the Agreement shall pass to the User who is not a Consumer at the moment of acceptance of the goods by the User.
4.1.19 The offered money-back guarantee on the supply of digital content, unless it is supplied on a tangible medium, is a one time offer. The next purchase of the same goods is not bound by the guarantee and the Operator is eligible to charge a fee for the consequent money-back up to the full amount of the goods.
5 User account
5.1 The User has the right to open a User Account by registering.
5.2 In the case of purchase of software with direct download, the User Account is established automatically by entering into the Purchase Agreement for the purpose of providing digital copies of the software.
5.3 The User is obliged to enter the Access Data before entering the User Account.
5.4 The User identification data entered during the Registration shall be considered as the data entered during the ordering of each Goods, which the User makes after logging into their User account.
5.5 The User may not provide Third Parties with Access Data or any other access to the User Account. The user is obliged to take all reasonable precautions to keep it secret. The User is fully responsible for unauthorized use of these access data or the User Account and for damage caused to the Operator or third parties. In case of loss, theft or other violation of the right to use these passwords, the User is obliged to inform the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
5.6 In the case of the User’s registration, the conditions of Section 1752 (1) of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; notify the User about the change via E-shop and / or by e-mail to the e-mail address of the User entered into the E-shop database. The User has the right to reject changes to the Terms and Conditions within 14 days from the first login to the User Account after notification of a change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the given e-mail message to the user mailbox (if it is delivered by e-mail) and the obligation to terminate for this reason at the 14-day notice period, which the Parties agree to be sufficient to provide similar services from another supplier.
6 Complaints procedure
6.1 The Operator is liable to the Consumer that the Goods are free from defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to demand the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a component of the Goods, the Consumer may only require replacement of the component; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right of delivery of new Goods or to replace a part even in the case of a removable defect, if the Consumer cannot properly use the Goods for repeated occurrence of the defect after repair or for a greater number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 If the Consumer fails to withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its parts or to repair the Goods, he / she may request a reasonable discount. The Consumer shall be entitled to a reasonable discount even if the Operator cannot supply new Goods without defects, replace its component or repair the Goods, or if the Operator fails to rectify the goods within a reasonable time, or if remedying causes considerable difficulties to the Consumer.
6.5 The right of settlement of defects does not belong to the Consumer if the Consumer knew before the takeover of the Goods that the Goods were defective or if the Consumer caused the defect itself.
6.6 The Operator’s liability for defects of the Goods does not apply to wear and tear of the Goods caused by its normal use, for goods sold at a lower purchase price because of a defect for which the lower purchase price was agreed; in the case of used Goods for a defect corresponding to the level of use or wear which the Goods had at the time of acceptance by the Consumer or if this is due to the nature of the Goods.
6.7 If the Goods are provided with a warranty, the Consumer has the right to assert liability for settlement of defects during the warranty period.
6.8 At the Consumer’s request, the Operator shall provide the Consumer with a warranty certificate. If the nature of the Goods permits, it is sufficient to issue to the Consumer a proof of purchase of the Goods containing the information, which must contain the guarantee certificate, instead of the warranty. The warranty certificate must contain the name and surname, name or business name, company ID and registered office of the Operator.
6.9 In case that the Consumer exercises its right to remedy defects in the Goods by repairing the Goods for which the designated entrepreneur is different for the purposes of warranty repairs from the Operator, whose registered office or place of business is in the same place as the one of the Operator or at a place closer to the Consumer, the Consumer shall exercise the right to a warranty repair with this entrepreneur.
6.10 Complaints, including the removal of defects of the Goods, must be settled without undue delay, no later than 30 days from the date of the claim, unless the Operator and the Consumer agree on a longer period. After this period, the Consumer shall have the same rights as if it were a substantial breach of the Agreement.
6.11 The time limit for settling a complaint shall be suspended if the Operator has not received all the documents required for the settlement of the given complaint until such documents have been delivered.
6.12 The Operator or the entity designated by the Operator shall, upon due settlement of the complaint, request the Consumer to take over the repaired Goods.
6.13 The right to claim rights from defects shall perish in case of improper installation or improper commissioning of the Goods, as well as unprofessional handling thereof, ie in particular when using the Goods in conditions that do not correspond to the parameters specified in the Goods documentation.
7 Protection of personal data
7.1 The Operator is obliged by law to protect and secure the personal data provided. Therefore, the operator uses various effective security technologies to protect personal data from unauthorized access or use.
8 Using the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner foreseen by these Terms and Conditions.
8.2 The operator has the right to change the E-shop, ie its technical solution and / or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or for any other reason on the part of the Operator or a third party.
8.4 The user is obliged to observe the valid and effective legal regulations of the Czech Republic and the European Community when using the E-shop. The User is obliged to fully compensate any damage that the Operator or third parties would incur this way.
8.5 In case of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to terminate the User Account.
9 Declaration of the Operator
9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are systematically and sequentially made and protected against changes.
9.2 Due to a technical error in the E-shop, the purchase price may be displayed for the Goods, at the amount which does not seriously correspond to the usual price for such Goods on the market; in such a case, the Operator is not obliged to deliver the Goods at the displayed purchase price, contacts the User and notifies him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price and if this does not happen, the Purchase Agreement is canceled from the beginning.
9.3 The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or distorting as a result of their transfer to the display in the User’s technical device, therefore the User is always obliged to read the entire description of the Goods and in case of doubts contact the Operator.
9.4 Contact details of the Operator for communication with the User are listed in the user interface of the E-shop on the main page.
10 Applicable law
10.1 These Terms and Conditions as well as the Purchase Agreement are governed by the laws of the Czech Republic, in particular the Civil Code.
11.1 These Terms and Conditions come into effect on 1st January 2020. As of this date, all previous versions of the Terms and Conditions shall no longer apply.