Business Terms and Conditions of the Swardman, s.r.o. e-shop
(hereinafter the “Business Terms and Conditions”)
Effective from 4 May 2016
- Definition of terms
- Basic provisions
- Information before concluding a purchase contract
- Purchase contract
- Price for the goods and payment methods
- Transport and delivery of goods
- Consumer’s right to withdraw from the contract
- Seller’s right to withdraw from the contract
- Rights from defective fulfilment
- Personal data protection
- Final provisions
- Annexes to the Business Terms and Conditions
“Seller” in these Business Terms and Conditions refers to the commercial company Swardman, s.r.o., Company ID No. 291 55 738, registered office in Šardice 792, Šardice 696 13, business organisation incorporated in the Commercial Register kept by the Municipal Court in Prague under file no. C 204808, which is an entrepreneur within the meaning of Section 420 of Act No. 89/2012 Coll. of the Civil Code (hereinafter the “Civil Code”).
“Point of sale” in these Business Terms and Conditions refers to the Seller’s point of sale located at the following address: Šardice 792, Šardice 696 13.
“Website” in these Business Terms and Conditions refers to the website at www.swardman.com.
“e-shop” in these Business Terms and Conditions refers to the Seller’s internet shop operated via the Website.
“Consumer” in these Business Terms and Conditions, in accordance with Section 419 of the Civil Code, refers to a customer on the Seller’s e-shop who concludes a contract outside of the framework of operating their own occupation with the Seller as a business in the meaning of Section 420 of the Civil Code, or otherwise interacts with the Seller.
“Entrepreneur” in these Business Terms and Conditions, in accordance with Section 420 of the Civil Code, refers to a customer on the Seller’s e-shop who carries out gainful activities in the form of a trade or in a similar manner on their own account and liability with the intention of doing so consistently for profit, and such customer on the Seller’s e-shop who concludes a contract with the Seller related to their own commercial, production or similar activities or during the independent performance of their profession, or a person acting on behalf or to the account of an entrepreneur within the meaning of Section 420(1) of the Civil Code.
“Buyer” in these Business Terms and Conditions refers to the collective identification of a Consumer and Entrepreneur.
2.1. These Business Terms and Conditions regulate in particular the mutual rights and obligations of the Seller and Buyer during the sale and purchase of goods in the Seller’s e-shop, and in accordance with Section 1751(1) of the Civil Code, as well as their mutual rights and obligations arising from the purchase contract concluded between the Seller and Buyer (hereinafter the “purchase contract” or “contract”).
3.1. By placing an order for goods on the Seller’s Website, the Buyer confirms that they have become familiar with these Business Terms and Conditions, that they agree to them and have had the opportunity to become familiar with them sufficiently in advance before placing the order.
4.1. The contractual relationship between the Seller and Buyer is established upon delivery of the e-mail confirming acceptance of the Buyer’s order (acceptance) that was sent by the Seller via e-mail to the Buyer to their e-mail address indicated in the order. The Seller and Buyer hereby expressly preclude the application of Section 1732(2) of the Civil Code to their contractual relationship.
4.2. To order goods, the Buyer must first select the goods on the Website and “add” them to the “shopping cart” by clicking on the icon labelled “Add to cart”. The Buyer must then click on the field labelled “Continue order”) and in the next step they must sign in to their account or register. This is followed by checking the address and choosing the means of transport and payment. The next step is the order summary and checking of the Buyer’s entered data. To send the order, the Buyer must confirm that they agree to these Business Terms and Conditions. After agreeing, the order has been confirmed.
4.3. Before sending the order by the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, whereas the Buyer has the opportunity to identify and correct any errors made when entering data before placing the order. When ordering goods, the Buyer is obliged to enter all the data correctly and truthfully. With respect to this fact, the data provided in the order are considered to be correct by the Seller. Immediately after receiving the order, the Seller will confirm its reception to the Buyer by means of an e-mail sent to the Buyer’s e-mail address indicated in the order. Along with this confirmation e-mail, the Seller will send to the Buyer’s e-mail address indicated in the order the text of the purchase contract that they have concluded in PDF format along with the text of these Business Terms and Conditions, whereupon the Seller’s obligation stipulated in Section 1822 and 1827(2) of the Civil Code, shall be considered fulfilled. The concluded contract will not be saved by the Seller.
4.4. The contract can be concluded in the Czech language only. The concluded contract may be altered or cancelled only by agreement of the parties or based on legal reasons.
4.5. The Seller reserves the right not to accept the Buyer’s offer in the form of an order submitted on the Seller’s Website, or any part thereof, particularly if the goods ordered by the Buyer are no longer manufactured or delivered or the supplier’s price for the goods has changed significantly. The Seller will inform the Buyer of this fact via e-mail sent to their e-mail address. If the Buyer paid the entire purchase price for the goods or any part thereof before the contract was concluded, this amount will be refunded to the bank account from which the purchase price was made if the order is not accepted by the Seller.
4.6. The Seller is always authorised, depending on the nature of the order (quantity of goods, value of the purchase price, expected transport expenses) to ask the Buyer for additional confirmation of their order (e.g. in written form as an e-mail or via telephone) before sending the confirmation e-mail to the Buyer.
4.7. The Buyer agrees to the use of remote means of communication to conclude the purchase contract.
4.8. The Seller reserves all ownership rights to the ordered goods within the meaning of Section 2132 of the Civil Code, in consequence of which the Buyer becomes the owner of the goods only upon paying the purchase price pursuant to the purchase contract.
5.1. The prices listed on the Website are contractual and are valid for the given order at the time of its placement by the Buyer. The prices in overviews and offers on the Website include VAT. This price is indicated inclusive of other taxes and fees, with the exception of the transport fee, the value of which is stipulated below. The recycling fee is included in the price. This provision does not limit the Seller’s option to sell the goods under individually agreed-to price conditions.
5.2. The price for the goods pursuant to the purchase contract and potential transport fee may be paid by the Buyer to the Seller by the following means, based on their selection in the order:
- in cash at the Seller’s Point of Sale;
- by payment card at the Seller’s Point of Sale;
- in cash on delivery at the place designated by the Buyer in their order;
- via wire transfer to the Seller’s account based on an invoice (existing customers) or pro-forma invoice;
- using the GP webpay payment gateway.
5.3. In the case of a cash payment made at the Seller’s Point of Sale, card payment at the Seller’s Point of Sale or cash payment upon delivery, the purchase price is due upon takeover of the ordered goods. In the case of wire transfer, the purchase price is due based on the maturity date indicated in the invoice. In the case of wire transfer, the Buyer’s obligation to pay the purchase price is fulfilled as of the moment the given amount is credited to the Seller’s account.
5.4. The Seller may request and advance payment of the purchase price by the Buyer.
6.1. Deliveries of ordered goods will be performed within the shortest possible deadline based on their availability and operation capacity, usually within 2 – 14 business days. The place of collection is stipulated based on the Buyer’s order. Delivery does not include the installation or assembly of the goods. Transport to the address is ensured by the Seller by one of the means stipulated in Art. 6.3 of these Business Terms and Conditions based on the Seller’s choice.
6.2. The consignment with the ordered goods shall contain the original tax document, instruction manual for the goods and warranty certificate (if issued).
6.3. Based on the Buyer’s choice made in the order, the goods can be delivered by the following means:
- Personal takeover by the Buyer at the Seller’s Point of Sale during the following opening hours:
- Mon 8:00 - 17:00;
- Tue 8:00 - 17:00;
- Wed 8:00 - 17:00;
- Thu 8:00 - 17:00;
- Fri 8:00 - 18:00;
- The Point of Sale may be visited at any time upon prior telephone appointment.
- Via PPL courier service
- Via TopTrans service
- Via DPD service
- Via TNT service
6.4. The Seller and Buyer may also agree on any means of transport other than those listed in the previous clause of these Business Terms and Conditions. In this case, the Buyer bears the risk and potential additional expenses related to such means of transport.
6.5. The price for transported and ordered goods is as follows:
- Personal takeover at the Seller’s Point of Sale
- no fee
- Delivery of the consignment via courier service
- The prices for transport vary depending on the standard tariffs and are calculated based on the volume and weight of the ordered goods. The specific price for transport in the Czech Republic is based on the contents of the shopping cart before sending the order and may amount maximally to CZK 2,500 per each product. The price for transport to a different country shall be calculated individually based on the current price list of the entity providing the transport services, and shall also be approved by the Buyer before sending the order.
- All shipments are made under DAP INCOTERMS 2010 delivery conditions. The customer is responsible for import customs clearance fees, duties and local taxes.
6.6. If, for reasons on the part of the Buyer, the goods must be delivered again or by means other than those stipulated in the order, the Buyer is obliged to pay the necessary expenses related to the repeated delivery of the goods, or necessary expenses related to the other means of delivery.
6.7. When taking over the goods from the carrier, the Buyer is obliged to check that the packaging is undamaged, and in the case of any defects, to report these to the carrier immediately, but no later than on the second business day after delivery. If damage to the packaging is discovered and it indicates an unauthorised opening of the consignment, the Buyer must not accept the consignment from the carrier.
7.1. A specimen notification on the Consumer’s right to withdraw from the contract pursuant to Section 1920(1)(f), (g) and (h) of the Civil Code, within the meaning of Government Regulation No. 363/2013 Coll.:
7.1.1. The right to withdraw from the contract
126.96.36.199. The Consumer has the right to withdraw from the contract within 14 days without stating any reasons.
188.8.131.52. The Consumer has the right to withdraw from the contract within 14 days without stating any reasons, if the goods have only been tried out and not used. If the goods show signs of usage, the Seller can decline the withdrawal from the contract.
Definition of trying out the goods:
a) Trying out means supplying of operating fluids, assembling according to the instruction manual, putting into operation according to the instruction manual and manipulating in order to prevent damage or wear of the machine.
b) It is possible to start the mower, run the cylinder, try out the drive – only outside the grass area, on a clean and flat surface, to prevent any part of the machine from dirt, damage, scratching etc.
Any damage or wear of the machine or its parts is a sign of usage and is a reason to decline the withdrawal from the contract.
184.108.40.206. For the purposes of applying the right to withdrawal from the contract, the Consumer must inform the Seller of their withdrawal by means of a unilateral legal act (e.g. a letter sent via the postal services operator, fax or e-mail). The Consumer may use the attached specimen form for withdrawing from the contract, but they are not obliged to do so.
220.127.116.11. In order to fulfil the deadline for withdrawing from the contract, it is sufficient to send the notice of withdrawal from the contract before the given deadline expires.
7.1.2. Consequences of withdrawing from the contract
18.104.22.168. If the Consumer withdraws from the contract, the Seller must refund, without undue delay but no later than within 14 days from the date of receiving the Consumer’s notice of withdrawal from the contract, all payments received from the Consumer, including all costs for delivery (except for additional costs incurred as a result of the means of delivery chosen by the Consumer, that differ from the least expensive standard means of delivery offered by the Seller). To refund the payments, the Seller will use the same means of payment that the Consumer used to make the payment transaction, unless the Consumer explicitly designates otherwise. In no case will thus incur additional expenses for the Consumer. The Seller will refund the payment after receiving the returned goods, or once the Consumer proves that they have sent back the goods, whichever occurs first.
a) Takeover of goods - The Consumer is obliged without undue delay, but no later than within 14 days from withdrawing from the contract, to send the goods back or hand them over to the Seller at the following address: Prague 4, Pod Svahem 1582/12. The deadline is considered fulfilled if the Consumer sends the goods back to the Seller before the passing of 14 days.
b) Expenses related to returning of the goods - The Consumer will bear the direct costs related to returning of the goods. If the goods due to their nature cannot be returned by regular post, the Consumer will bear the direct expenses related to returning of the goods, with the maximum expenses estimated at EUR 100.
7.2. The Seller hereby notifies the Consumer that their aforementioned right to withdraw from the contract must NOT be seen as their right to borrow the goods free of charge and return them after 14 days. The Consumer has the right to handle the goods only in the manner needed to become familiar with the nature, features and functionality of the goods.
8.1. In the meaning of Section 2001 of the Civil Code, the Seller is authorised to withdraw from the contract or any part thereof if the goods ordered by the Buyer are no longer manufactured or supplied, or the supplier’s price for the goods ordered by the Buyer has changed significantly. If this situation occurs, the Seller will inform the buyer without undue delay in order to agree on further steps to be taken. If the Buyer has paid the purchase price for the ordered goods in full or in part, this amount will be refunded to the bank account from which the purchase price was paid.
8.2. In the meaning of Section 2001 of the Civil Code, the Seller is authorised to withdraw from the contract concluded with an Entrepreneur without stating its reasons at any time until takeover of the goods by the Entrepreneur. In this event, the Seller will refund the purchase price to the Entrepreneur without undue delay, to the bank account from which the purchase price was paid.
9.1. The rights and obligations of the Seller and Buyer concerning rights from defective fulfilment are governed by the relevant provisions of the Civil Code, in particular Sections 1914 through 1925, Sections 2099 through 2117 and Sections 2161 through 2174.
9.2. In accordance with Section 2161of the Civil Code, the Seller is liable to the Consumer to ensure that the goods ordered by the latter are devoid of any defects, i.e. in particular at the time when the Consumer took over the goods,
- the goods have the specifications agreed to by the parties, and if a provision is missing, that they have the specifications that the Seller or manufacturer described or which the Buyer expected given the nature of the goods and the advertising used by the former,
- the goods are suited for the purpose stated by the Seller for their use, or for which goods of this type are usually used,
- the quality or workmanship of the goods corresponds to the agreed to sample or specimen, if the quality or workmanship was determined based on the agreed sample or specimen,
- the goods meet the corresponding quantity, dimensions or weight and meet the requirements of legal regulations.
9.3. In accordance with Section 2161(2) of the Civil Code, this applies in relation to the Consumer that if a defect appears within six months from takeover, the goods are deemed to have already been defective at the time of their takeover.
9.4. In accordance with Section 2165(1) of the Civil Code, the Consumer is authorised to apply the right against defects that occur in consumer goods for a period of twenty-four months from takeover, however, this does not apply
- to goods sold for a lower price if the lower price was agreed to because of the defect,
- to normal wear and tear caused by typical use,
- to used products for any defect corresponding to the degree of use or wear and tear that existed with the product at the time of its takeover by the Consumer,
- if it follows from the nature of the case.
9.5. In accordance with Section 2169 of the Civil Code, if the product does not have the features stipulated in Section 2161 of the Civil Code, the Consumer may request delivery of a new product devoid of any defects, if this is not unreasonable given the nature of the defect; however, if the defect only concerns a part of the product, the Consumer may request replacement only of this part; if this is not possible, they may withdraw from the contract. However, if this is unreasonable given the nature of the defect, particularly if the defect can be removed without undue delay, the Consumer is entitled to free removal of the defect. The Customer is entitled to delivery of a new product or replacement of the part also in the case of a removable defect, if they cannot properly use the product due the repeated occurrence of a defect after repair or due to a larger number of defects. In this case, the Consumer also has the right to withdraw from the contract. If the Consumer does not withdraw from the contract or does not apply the right to delivery of a new product devoid of any defects, replacement of its part or repair of the product, they may request a reasonable discount. The Consumer is entitled to a reasonable discount also if the Seller cannot deliver a new product without any defects, replace a part thereof of repair the product, and in cases when the Seller does not arrange a remedy by a reasonable deadline or if arranging a remedy would cause the Consumer considerable difficulty.
9.6. In accordance with Section 2170 of the Civil Code, the Consumer is not entitled to rights from defective fulfilment if they knew before taking over the goods that the goods already had defects, or if the Consumer caused the defect themselves, i.e. in particular through inexpert handling or assembly of the goods performed by the Consumer.
9.7. In accordance with Section 1972 of the Civil Code, rights are always applied to the Seller, in person at the Seller’s Point of Sale during the aforementioned opening hours. The Seller is obliged to issue written confirmation to the Consumer that the Consumer has applied their rights, the content of the claim and the manner of handling the claim requested by the Consumer. An employee authorised to handle claims must be present at the Point of Sale throughout the operating hours.
9.8. The Seller will decide about the Consumer’s claim immediately, and in complex cases within 3 business days. This deadline does not include the reasonable time based on the type of goods that is needed to make an expert assessment of the defect. Claims including removal of defects must always be handled without undue delay, and always no later than within 30 days from the date of applying the claim, unless the Seller and Buyer agree on a longer deadline.
9.9. The quality warranty on the goods in the meaning of Section 2113 of the Civil Code is provided to the Seller based on the quality warranty for goods provided by the manufacturer or importer of the goods. Data about the existence of a quality warranty on the goods and the length of the quality warranty provided by the manufacturer are provided directly on the Website in the description of the goods, however, these data are of an informative character only. The Seller will provide the Buyer with information regarding the quality warranty for the specific type of goods based on a telephone or e-mail inquiry addressed to the Seller.
9.10. Under the quality warranty pursuant to Section 2113 of the Civil Code, the Seller undertakes that for a specified period, the goods will be qualified for use for the usual and customary purpose and will maintain the usual and customary features. The indication of the warranty period or usability period on the packaging or in advertising has the same effects. A separate warranty may also be provided on individual parts of the product. The warranty period starts from delivery of the goods to the Buyer; if the goods were sent pursuant to the contract, the warranty period starts from the moment of delivery to the destination. If the purchased goods are to be put into operation by a party other than the Seller, the warranty period starts from the moment the goods were put into operation, if the Buyer ordered the launch of operation no later than within three weeks from the takeover of the goods, and duly and timely provided the necessary cooperation for launching its operation. The Buyer cannot claim the rights from warranty if the defect was caused by force majeure following the transfer of the risk of damage to the Buyer.
9.11. The Buyer is obliged to take over from the Seller the goods which were the subject of a claim no later than within 30 days from the handling of the claim. If the Buyer does not take over the goods which were the subject of the claim from the Seller by this deadline, the Seller will store the goods in accordance with Section 2120 of the Civil Code, by means proportionate to the circumstances minimally for the next 30 days. In this event, the Buyer is obliged to pay the Seller the expenses related to such storage, equal to CZK 500 for each day of the Buyer’s delay in taking over the goods. Furthermore, upon the passing of the deadline indicated in the first sentence for taking over the goods, the Seller will send the Buyer a notice via electronic mail to their e-mail address indicated in the order, stating that the additional 30-day deadline for taking over the goods has started, and that after the passing of this additional deadline for taking over the goods, the Seller is authorised in accordance with Section 2126 of the Civil Code, to sell the goods by suitable means on the Buyer’s behalf. In the event of a self-assisted sale of goods, the Seller is authorised to offset the aforementioned expenses for storing the goods and legitimately accrued expenses related to the self-assisted sale of the goods against the proceeds from such sale. After deducting the expenses for storing the goods and expenses accrued in relation to the self-assisted sale of the goods, the Seller will pay the proceeds from the self-assisted sale to the Byer’s bank account from which the original purchase price for the goods was paid, or agree with the Buyer on a different means of refunding the proceeds from the self-assisted sale of the goods.
10.1. The Seller processes data in accordance with Act No. 101/2000 Coll., on personal data protection and on the amendment of certain laws as amended (hereinafter the “Act on Personal Data Protection”). The Seller is registered with the Office for Personal Data Protection under registration number 00038584.
10.2. By placing an order for goods on the Seller’s Website, the Buyer confirms that they have been informed of the facts pursuant to Section 11 of the Act on Personal Data Protection, and that pursuant to Section 5 of the Act on Personal Data Protection, they agree with these facts:
- The Seller in the position of the controller of personal data will process the Buyer’s personal data provided in the order, i.e. the Buyer’s name, surname, address, e-mail address and telephone number (hereinafter the “Buyer’s personal data”) in electronic form.
- The Buyer’s personal data will be processed by the Seller’s authorised employees. The processor ensures the protection of the Buyer’s personal data.
- The Buyer’s personal data will be processed in order to fulfil the Seller’s contractual obligations and for the Seller’s statistical and marketing purposes.
- The Buyer’s personal data will not be provided to any third parties, with the exception of carriers ensuring transport of the goods to the Buyer by the selected means in order to fulfil the contract, and in the scope required for this fulfilment.
- The Buyer as the subject of data has the right to access their personal data processed by the Seller and the right to make corrections.
10.3. The Buyer has the right to access their personal data. The Buyer as the subject of data may request an explanation from the Seller concerning the processing of personal data and any changes thereof within the meaning of Section 21 of the Act on Personal Data Protection, if they find or believe that their data have been processed contrary to the protection of their private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing. In this connection, the Buyer may ask the Seller to eliminate such situations. If the Seller does not fulfil this request, the Buyer has the right to contact the Office for Personal Data Protection directly.
10.4. The Buyer provides their data voluntarily in connection with concluding the purchase contract, the fulfilment arising from this purchase contract and for the Seller’s marketing and statistical purposes.
10.5. The Buyer is authorised to withdraw their consent to personal data processing at any time.
11.1. All contractual relationships are governed by the legal code of the Czech Republic. If the Buyer is a Consumer, relationships not regulated by the Business Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended. If the Buyer is an Entrepreneur, the relationships not regulated by the Business Terms and Conditions are governed by the Civil Code.
11.2. The Seller is authorised to sell goods based on a trade license. Trade inspection is carried out within its capacity by the relevant trade office. Oversight over the protection of personal data is carried out by the Personal Data Protection Office. The Czech Trade Inspection Authority also oversees the fulfilment of Act No. 634/1992 Coll., on consumer protection, as amended, within the defined scope.
11.3. Potential disputes between the Seller and Buyer may also be solved out-of-court. In this case, the Buyer – Consumer may contact the entity for the out-of-court resolution of disputes, such as the Czech Trade Inspection Authority (www.coi.cz). The dispute may also be solved online via the designated ODR platforms (http://ec.europa.eu/consumers/odr/). The Seller recommends that the Buyer first attempt to contact the Seller to resolve any and all situations, and only then proceed to pursue an out-of-court solution for the dispute.
11.4. These Business Terms and Conditions come into effect on the date of their publication on the Seller’s Website and are decisive in the given version for all orders placed on this and following days. On the date of publication of these Business Terms and Conditions, the prior business terms and conditions are cancelled; however, this does not affect those purchase contracts concluded pursuant to the previous version of the business terms and conditions. The Seller reserves the right to amend these Business Terms and Conditions; however, this does not affect those purchase contracts concluded previously pursuant to these Business Terms and Conditions. The new version of the business terms and conditions will be published on the Seller’s Website.
11.5. These Business Terms and Conditions are an integral part of the purchase contract. The special provisions agreed to with the Buyer in the purchase contract take precedence over the provisions of these Business Terms and Conditions in the event there is any conflict in meaning.
11.6. All the data about goods posted on the Seller’s Website are of an informative character only, and no legal consequences shall be inferred from them.
Specimen form for withdrawing from the contract pursuant to Section 1920(1)(f) of the Civil Code, within the meaning of Government Decree No. 363/2013 Coll.
(Complete this form and send it back only if you wish to withdraw from the contract.)
Notice of withdrawal from the contract
Šardice 792, Šardice 696 13,
I/we hereby inform (*) that I/we hereby withdraw (*) from the contract on the purchase of these goods (*)/ on the provision of these services (*)
Date of order(*)/ Date of reception(*)
Name and surname of the consumer/consumers
Address of the consumer/consumers
Signature of the consumer/consumers (only if this form is sent in hardcopy format)
(*) Enter in the appropriate data or add as required.