GENERAL TERMS AND CONDITIONS
IČO 03546926, with its registered office at K Vejvoďáku 1202, Zbraslav, 156 00 PRAGUE, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 233368 (hereinafter referred to as the "Provider")
- Introductory provisions
- These Terms and Conditions (hereinafter referred to as "OP") of the Provider are an integral part of every contract for work (hereinafter referred to as "contract") concluded between the provider and the client. The contractual relationship established by the contract is governed by the contract, these terms and conditions and Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "Civil Code").
- These OPs define and specify the rights and obligations of the provider and the client. These OPs are intended for both the Client, who is a natural person, and the legal entity.
- Customer means a natural or legal person who requests service of a product offered by the Provider or a person cooperating with the Provider. In the event that the customer is a consumer, i.e. any person who, outside the scope of his business activity or outside the scope of his independent exercise of his profession, concludes a contract with the entrepreneur or otherwise deals with him, the provisions of Section 1811 et seq. of the Civil Code (provisions on obligations under contracts concluded with consumers) shall apply.
- According to these OP, a provider is also understood to be a cooperating person of the provider who provides the service of products offered to the provider.
- According to these Terms and Conditions, a product is any movable item whose service is offered by the Provider.
- Service means warranty, post-warranty, pre-sales service of the product and assessment upon withdrawal from the purchase contract
- Warranty service is subject to the terms and conditions concluded between the customer and the seller of the product.
- Conclusion of the contract
- The Contract is concluded (i) at the Provider's premises or at the Provider's cooperating person (ii) via the web portal www.repairsys.eu (iii) via the Provider's email (email@example.com).
- The contract is concluded at the moment when the Customer orders the service of the products from the Provider and the Provider confirms the service by issuing an order sheet/service report, which will be sent to the Provider electronically to the email address provided by the Provider. In the case of handing over the order at the provider's premises, the order sheet/service report may be issued on site.
- By concluding the contract, the client confirms that he has familiarised himself with these OP.
- If the Provider is not informed in advance of the delivery of the Product by the Customer. Such Product will not be considered a Service Order until an electronic or other service order has been delivered to Provider. And Provider hereby waives its obligation to meet the statutory time limits for repair of the Product.
- Acceptance of the product and transfer of risk of damage to the product
- The Customer is obliged to hand over the product to the Provider within 5 working days at the latest for the ordered service, either personally or through a postal service provider, to the Provider's address specified in the order. The Customer is obliged to hand over the Product to the Provider in packaging that will protect the Product from damage during transport to the Provider, meeting all packaging principles and standards set by the carrier and at the same time free of any contamination. In the event that the product is delivered to the Provider in packaging that is inadequate and/or does not meet the packaging standards of the individual carrier and/or in damaged packaging, the Provider shall have the right to refuse to accept the product and to withdraw from the contract. In the event that the customer hands over the product to the provider, soiled in any way, the provider has the right to clean the product at the customer's expense and/or refuse service, i.e. withdraw from the contract.
- The Provider undertakes to service the product within 30 days of receipt of the product. This period may be extended by the provider for reasons beyond his control.
- The time limit for the performance of the service begins on the day following the delivery of the product to the provider.
- Upon receipt of the product by the provider, the risk of damage to the product passes to the provider until the product is handed back to the customer or to the postal service agent who delivers the product back to the customer.
- After servicing the products, the provider informs the customer that the product can be picked up. The Customer is obliged to collect the product from the Provider within 7 working days of the notification according to the previous sentence of this paragraph. If the Customer fails to collect the product on time, the Provider shall be entitled to storage charges according to the Provider's current price list. If the Customer fails to collect the product from the Provider even within 30 working days of the notification according to the first sentence of this paragraph, the Provider shall have the right to dispose of the product at the Customer's expense.
- The Provider shall return the Product to the Customer in the manner specified in the Contract, i.e. the Customer shall collect the Product in person from the Provider and/or through a postal service intermediary. In the event that the Provider sends the Product back via a postal intermediary, the Provider shall have the right to choose the postal carrier at its discretion. Delivery of the product to the customer is at the customer's expense.
- The Customer is obliged to pay the Provider for the order no later than on the day of collection from the Provider / to the Provider's mail carrier when sent by cash on delivery. If the Customer fails to pay the Provider properly and on time, the Provider shall not be obliged to deliver the product to the Customer.
- The approximate price for servicing the product is stated in the contract in the price proposal. In the event that the final price for servicing the product cannot be determined and/or in the course of servicing the provider finds reason to increase the agreed price proposal, the provider will inform the customer in advance of the price of the service.
- In case of rejection of the Price Proposal by the Customer, the Customer is obliged to pay the costs of product diagnostics according to the Provider's price list available on the Provider's website.
- Rights from defective performance for the relationship between the provider and the customer
- The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by the relevant provisions of the Civil Code (in particular the provisions of §2615 paragraph 2, and similarly the provisions of §§ 1914 to 1925, § 2099 to 2117 and § 2165 to 2174a of the Civil Code), unless otherwise provided in these PO.
- The Provider shall be liable for the defect in the service performed, which the product has at the time of acceptance by the Customer, if the Customer is a consumer. The Provider shall provide the Customer, who is a consumer, with a statutory guarantee for the repair carried out for a period of 6 months. The 6-month period starts from the date of handover/acceptance of the product by the Customer.
- The customer, who is a consumer, is entitled to exercise the right of liability for service defects without undue delay after discovering the defect at the provider's premises, provided that he proves that the service of the product was carried out by the provider. If the customer is a consumer, the claim shall be settled immediately, but at the latest within 30 days of receipt of the product.
- Withdrawal from distance contracts
- If the contract is concluded by means of distance communication, the customer, who is a consumer, has the right to withdraw from the contract within 14 days from the date of conclusion of the contract. The withdrawal must be sent to the seller within the period referred to in the previous sentence.
- The Client may use the model form attached to these OP to withdraw from the contract pursuant to Article 5.1. of these OP. This form can also be sent electronically to the email address specified in Article 1 of these OP.
- Final provisions
- Complaints are handled by the provider via the electronic address firstname.lastname@example.org
- The provider is authorised to engage in business activities on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
- All disputes between the parties arising out of or in connection with the contract shall be resolved by mutual agreement without undue delay. If the contract has been concluded by a customer who is a consumer, the customer may, in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended, resolve disputes relating to the provision of the service out of court through the Czech Trade Inspection Authority. The website of the Czech Trade Inspection is coi.cz
- These T&Cs are valid in the wording indicated on the provider's website on the date of conclusion of the contract. The Provider reserves the right to change these T&C.
- These OPs take effect on 6. 2023
|Notification of withdrawal from the contract|
I/We hereby notify (*) that I/We hereby withdraw (*) from the contract for the work of this product (*)/for the provision of these services (*):
Date ordered (*)/date received (*):
Name and surname of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if this form is sent in paper form):
|(*) Delete where not applicable or fill in the data.|