General business and delivery conditions of the company
Nanolab Shop, Ltd. s ro, Company ID: 089 43 401 , with its registered office at Trnkova 3052/137, Líšeň, 628 00 Brno
Business and complaint conditions of the online store
www.nanolab.cz | www.nanolab.sk | www.nanolab.life | www.drluft.de
Nanolab Shop, Ltd. s ro, Company ID: 089 43 401 , with its registered office at Trnkova 3052/137, Líšeň, 628 00 Brno
1. Definition of terms
- "Shop" for the purposes of these business and complaint conditions means the online store www.nanolab.cz, which is operated by the operator - Nanolab shop, spol. s ro, IČ: 08943401 , with its registered office at Trnkova 3052/137, Líšeň, 628 00 Brno (the operator's registered office is not a dispensing point or a stone shop).
- "Provider" further means the Operator of the Store. The Provider is duly registered and registered with the Trade Licensing Office Blansko, which is the controlling body for the Provider and the Trade in the relevant area of its competence.
- "Service" means the Services or Goods offered by the Provider in the Store.
- "Customer" means a user of the Store who is interested in purchasing a specific Service or Goods.
- "Consumer" means any person who concludes a trade with the Provider through the Trade outside the scope of his business activity or outside the scope of independent performance of his profession.
- "Order" means a completed order form intended for a specific Service or Goods within the order electronic system of the Store.
- The abbreviation "Trademark" means Act. No. 89/2012 Coll., Civil Code, as amended.
2. Ordering and purchasing the Service or Goods
- The Customer is entitled to order through the Store and its electronic ordering system a specific Service or Goods for which it is interested. By filling in the Trade registration form, registering in the Trade, filling in any order form within the Trade or sending any Order within the Trade, the Customer always agrees with these business and complaint conditions and also with the processing of his personal data specified in the Order (see Article XII). - Protection of personal data).
- The actual publication and offering of the Service or Goods or Goods by the Provider in the Store is not yet a proposal for the conclusion of a contract regarding the given Service or Goods or Goods by the Provider, but only an informative publication of the Provider's supplier options. Thus, §1732 para.
- The delivery of the Customer's order for the given Service or Goods to the Provider is always considered a proposal for the conclusion of a contract by the Customer through the Trade with respect to a specific Service or Goods.
- By sending the Order, the Customer always agrees with these terms and conditions and complaints and orders the Service or Goods specified in the Order.
- Mere confirmation of the delivery of the order by the Provider is not considered as acceptance of the Customer's Order.
- Only the confirmation of acceptance of the Order (whether made in the confirmation of delivery of the Order or separately) by the Provider accepts the proposal to conclude a contract with the Customer regarding the specific Service or Goods or Goods specified in the Order and only at the moment of such confirmation of acceptance of the Order between the Customer and the Provider to conclude a contract for a specific ordered Service or Goods.
- The content of any contract according to paragraph 6 is then always given by the content of the received proposal (Order) of the Customer, ie both Services or Goods or Goods, as well as its price, method of delivery and other conditions agreed within such accepted proposal, while other contractual requirements of such contract not specified in the Order are defined by these business and complaint conditions.
- The Customer, who is a Consumer, expressly agrees that if the subject of his Order is the provision of the Service or Goods, this Service or Goods is provided or its performance has already begun after the conclusion of the contract before the expiration of the withdrawal period pursuant to §1829 of the Civil Code. . The Customer, who is a Consumer, acknowledges that in such a case he has no right to withdraw from the contract after the fulfillment of the contract according to §1829 of the Civil Code. Purchase contract, work contract, or other contracts according to the Civil Code, if the contracting parties are the consumer on the one hand and the supplier on the other hand, resp. Seller.
3. Execution of the Order
- To execute a proper Order, the Customer is obliged to fill in all mandatory data in the order electronic system of the Store.
- The Customer's delivered Order is considered unaccepted and rejected by the Provider even if the Provider notifies the Customer that it does not accept or rejects the Order, or if the Provider does not confirm to the Customer the acceptance of the Order according to Article II, paragraph 6 without undue delay.
- If the ordered Service can be delivered, but in the meantime the conditions of delivery of the Service or Goods or Goods have changed (the Service can be delivered in a different price, scope or design), the Provider is entitled to notify the Customer of this fact with a request to indicate whether it has The Customer is interested in the Service under such changed conditions, and at the same time providing a period for such a statement.
- If the Customer expresses to the Provider pursuant to paragraph 3 within the period specified by the Provider that it is interested in the Service even under the changed conditions, such notification shall be deemed to be a new Order and shall proceed as for a new Order.
- If the Customer does not express in accordance with paragraph 3 within the period specified by the Provider that he is interested in the Service or the Goods even under the changed conditions, the expiration of such period in vain is considered a cancellation of the Order by the Customer.
4. User account
- Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as " user account "). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
- When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
- Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
- The buyer is not entitled to allow the use of the user account by third parties.
- The seller may cancel the user account, especially if the buyer does not use his user account for more than 36 months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
- The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
5. Transport and delivery of goods
- If the mode of transport is contracted 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.
- 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 take over the goods upon delivery.
- In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
- Upon receipt 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
- Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.
6. Customer Information
- At the same time, the Provider provides these business and complaint conditions to the Customer with the information that is necessary for the conclusion of the contract and the Customer is properly informed about the implementation of a specific transaction.
- The Provider's identification data are listed in Article I, paragraph 2 of these Terms and Conditions.
- The name, main characteristics of the Service or Goods and its price are always stated in the specification of the Service or Goods in the relevant section of the Store, and by the Customer making an Order regarding such Service or Goods, it indicates that he also introduced her price.
- The price of the Service or Goods within the Store is stated with VAT and without other fees, unless stated otherwise.
- The Customer is obliged to pay the price of the Service or the Goods with the tax applicable to the given Service or contract.
- Within the Order and before its sending, the Customer will always be shown and listed the price after adding the relevant taxes (VAT) and after adding other fees and costs (eg fee for environmental disposal according to Act No. 185/2001 Coll., On waste , as amended, delivery and transport costs, etc.).
- The Provider does not charge the Customers any costs arising from the use of means of distance communication and such costs are borne by the Customer himself.
- If the period of validity of the offer of Services or Goods in the Store is not stated, it is considered that the offer of Services or Goods is valid until revoked or until stocks are exhausted.
- Each concluded contract within the trade is further archived by the Provider within its business and accounting records and at the request of the Customer it can be subsequently made available after payment of handling costs for such access.
- The steps leading to the conclusion of a contract within the Store are generally described in these Terms and Conditions.
- The Contract through the Store can be concluded in the Czech or Slovak language.
7. Provision of the Service or Goods
- The Service or the Goods or the goods are considered to be provided by its performance or delivery of the Goods.
8. Payment terms
- For acceptance of the Order, the Provider will issue an advance invoice or a Call for Payment for the Service or Goods paid in advance by cashless transfer, including the relevant fees and costs, which it will send to the Customer in writing to the Customer's address or in electronic form to the Customer's email. Order.
- Upon receipt of the advance invoice pursuant to paragraph 1, the Customer is obliged to pay the invoiced amount to the Provider's account specified on the invoice within the due date of such invoice.
- Even if the ordered Service could be provided earlier, the Provider will provide the service to the Customer at the earliest after the invoiced amount according to the advance invoice has been credited to the Provider's account.
- If the invoiced amount according to the advance invoice issued in accordance with paragraph 1 is not credited to the Provider's account within the due date, the Provider is entitled to withdraw from the contract.
- For the Service or Goods paid only after its provision, the Provider will issue an invoice to the Customer for the full price of the Service or Goods, including applicable fees and costs after providing the Service or Goods, which it will send to the Customer in writing to the Customer's address or in electronic form to the email specified by the Customer. The Customer is obliged to pay the invoiced amount in accordance with the invoice within its due date
Online payments are provided for us by the ComGate payment gateway . The service provider, ComGate Payments, as, is a licensed Payment Institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted.
Credit card payment
The fastest way to pay online. In the ComGate payment gateway interface, enter the card number, validity date and CVC code - three numbers, which you will find in the signature strip on the back of the card. Everything is secured by the 3D Secure standard, so you will probably be asked to enter a numeric code, which you will receive by SMS from your bank.
Payment by bank transfer
Immediate payment via internet banking. The ComGate payment gateway redirects you to your internet banking, where you log in as usual and confirm the already prepared payment order.
After completing the payment, you will be redirected back to the store. Payment is confirmed immediately, we will continue to process the order without delay.
9. Withdrawal from the contract by the Consumer (the provisions of this article apply only to the Consumer)
- The consumer has the right to withdraw from the contract concluded through the Trade without giving a reason and without any sanction within 14 days from the date of its conclusion, otherwise according to §1829 of the Civil Code.
- For the purposes of exercising the right of withdrawal, the Consumer must inform the Provider of his withdrawal from the contract to his address specified in Article I, paragraph 2 in the form of unilateral legal proceedings (for example, by letter sent through the postal service provider or by e-mail). The consumer may use the standard withdrawal form set out in Article XIV below, but is not obliged to do so.
- In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the relevant deadline.
- The Consumer is obliged to return the Goods which are part of the Service or the Goods and which the Consumer has received (hereinafter referred to as the “Goods”) and in respect of which he has withdrawn from the contract pursuant to paragraph 1 no later than within 14 days of such withdrawal.
- If the Consumer withdraws from the contract in accordance with this Article VII, the Provider shall return the received payment to the Consumer without undue delay, but no later than 14 days from the date of receipt of the returned goods or after the Consumer proves that he sent the goods back, whichever occurs first. To return payments, the Provider will use the same means of payment that the Consumer used to perform the initial transaction, unless the Consumer has expressly specified otherwise.
- The consumer acknowledges that in the event of withdrawal from the contract under paragraph 1, he is only liable for a reduction in the value of the goods due to handling the goods in a manner other than necessary to become acquainted with the nature and characteristics of the goods, including its functionality.
- The consumer acknowledges that in the event of withdrawal from the contract pursuant to paragraph 1, he shall bear the costs associated with the return of the goods.
- The Consumer does not have the right to withdraw from the contract under this article for goods which have been made by the Provider to the Consumer's order according to his wishes or which have been modified in any way according to the Consumer's wishes or for the Consumer
- Notwithstanding the above, the Consumer is not in accordance with §1837 letter a) The Trademark is entitled to withdraw from the concluded contract for the provision of services, if these were fulfilled with its prior express consent before the expiry of the period for withdrawal from the contract.
- The provisions of Article VII, paragraphs 1 to 9, do not apply to a Customer who is not a Consumer.
- The Consumer is entitled to complain about defects that occurred in the Goods or Services or Goods within 24 months after receipt of the Goods or Services or Goods. The provisions of the previous sentence do not apply and do not apply to a Customer who is not a Consumer, and such Customer is entitled to claim the goods or Services in accordance with applicable law.
- Defect rights do not apply primarily to defects that:
- have been claimed in breach of paragraph 1,
- they originate in the use of the goods contrary to the instructions for their use or contrary to its purpose or usual and intended use,
- are caused by unauthorized or unprofessional interference with the goods,
- were caused by force majeure or other external circumstances not originating in the nature of the goods or the Service or the Goods.
When exercising the rights arising from defects in the goods, the Customer is obliged to submit the claimed goods and provide at least the information according to Article 12 point 2 of these terms and conditions
The deadlines for exercising the right from defects start to run from the receipt of the goods by the Customer, resp. from the provision of the relevant Service or Goods.
Do you need to return an order or file a complaint? No fear! Choose your problem and we will guide you through the process ON-LINE.
11. Claims for defects
- The customer has all rights from defective performance according to the relevant provisions of the Trademark.
12. Assessment of complaints
- The Customer shall send the claimed goods together with the designation of the contract back to the Provider to the Provider's address.
- Complained goods and their defect In the complaint, the customer will accurately describe and mark the contract on the basis of which the goods were provided.
- The Customer pays for the transport of the claimed goods.
- The claimed goods cannot be sent to the Provider by cash on delivery, such a complaint will not be taken into account by the Provider.
13. Return of Goods (Article XIII. Does not apply to the return of Goods)
- In cases to which the provisions of Article IX do not apply, the Customer is obliged to return the goods to the Provider if the contract between the Provider and the Customer for specific goods terminates, especially in the event of effective withdrawal of any participant from the contract.
- If, for any reason other than Article IX, the Customer is obliged to return the goods to the Provider, the Customer is obliged to return the goods to the Provider no later than 20 days from the occurrence of such an obligation.
- In the event that the Customer receives the goods from the Provider by personal collection, the Customer is obliged to return the goods and hand them over to the Provider within the period specified in paragraph 2 at the Provider's registered office. The cost of returning the goods is borne by the Customer.
- The Customer is obliged to hand over the goods undamaged, clean and with all parts and accessories that were part of the delivery.
- In the event of a breach of the obligation pursuant to paragraph 4, the Provider is entitled to bill the Customer:
- the amount corresponding to the reduction in the value of the goods, which arose as a result of the Customer's handling of the goods,
- direct costs of repairing the goods in the actual amount of such costs,
- direct costs of cleaning goods,
- the price of missing parts or accessories.
- The Customer is obliged to pay the invoiced amounts according to paragraph 5 within 5 days from the notification of such invoicing to the Customer.
- The Provider will return to the Customer the price of the goods previously paid by the Customer (after taking into account any damages and amounts pursuant to paragraph 5) only after the Provider has returned to the Customer the goods in respect of which the Customer has withdrawn from the contract.
- The provisions of this article do not apply to cases where the contract is terminated by the withdrawal of the Consumer.
14. Protection of personal data
- In the event that the Customer within the Trade, especially when filling in and sending the Order through the electronic order system of the Trade, is requested to provide personal data specified in a particular form or Order, the Customer acknowledges that he is not obliged to provide such data and their provision is therefore completely voluntary.
- However, in the event that the Customer does not provide the requested personal data, the Provider is not obliged to accept the Order, and with regard to the order electronic system of the Store, further continuation of the incomplete Order may be automatically stopped or terminated.
- The rules for personal data management and processing are set out in a separate document.
15. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
- The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. The seller fulfills its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
- The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
16. Final provisions
- Completion of the Trade registration form, registration in the Trade, filling in any order form within the Trade and sending any Order within the Trade or establishing other similar electronic communication at a distance with the Provider through the Trade is always considered as confirmation of agreement with these business and complaint conditions. .
- In the event of a consumer dispute between the Provider and the Consumer, the Consumer has the right to its out-of-court settlement according to Act no. No. 634/1992 Coll., on consumer protection, as amended. The consumer is entitled to submit a proposal for out-of-court settlement of a dispute pursuant to the said Act to the Czech Trade Inspection Authority, Štěpánská 15, 120 00 Prague 2, (website: http://www.coi.cz).
- The concluded contract, as well as all relations arising between the Customer and the Provider when ordering through the Store, are governed by Czech law to the exclusion of conflict of law rules of Czech law.
- If the term Customer is used in these terms and conditions and it is not explicitly stated that a specific provision applies only to the Consumer, such a provision always applies in full to the Customer who is not a Consumer.
- The customer confirms and declares that the agreement with these terms and conditions made in particular in accordance with paragraph 1, is considered between the participants as written consent (resp. Equal to written consent) and all provisions of business and complaint conditions as agreed in writing (resp. equivalent to a written agreement). Therefore, where the law explicitly requires a written form for such arrangements, it is considered among the participants that these have been duly complied with and implemented by agreeing the business and complaint conditions in this electronic form.
- The Customer further expressly declares and confirms that in good time before placing the Order and also before concluding the contract, the Customer has been provided by the Provider with all information contained in these terms and conditions, fully acquainted with these in advance, and that the contract will be concluded after having been informed in good time before the conclusion of all agreements, information, statements and warnings set out in these terms and conditions and considers them clear and comprehensible.
- "Out - of - Court Dispute Resolution". The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs , is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection. "
- The customer declares that he is fully acquainted with the conditions of these business and complaint conditions and has no objections to their wording and content.
In Brno on 6.9.2021
Sample form for withdrawal from the contract (only for the purposes of withdrawal by the Consumer according to Article VII)
Notice of withdrawal from the contract
I declare that I hereby withdraw from the contract on ......................................
Date of receipt of goods .....................................
Name and surname of the Consumer .............................
Consumer's address .......................
Consumer's signature .......................................
Do you need to return an order or file a complaint? No fear! Choose your problem and we will guide you through the process ON-LINE.