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Terms and Conditions

 

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 I. Essential provisions

These general Terms and Condition (hereafter “Terms and Conditions”) of the company INSIZE Czech s. r. o., registered in the Commercial Register under the file number C119222 held at the Regional Court in Brno, define the mutual rights and obligations of the seller and the buyer, whether it is a natural person who concludes the Purchase Contract with us outside its business activities as a consumer or as a part of its business activities via web interface located on the website www.insize-resellers.eu (hereafter “e-commerce”).

Company details

INSIZE Czech s. r. o.

ID: 09480188 | VAT ID: CZ 09480188

Headquarters: Krumlovská 1454/26 | 664 91 Ivančice | Czech Republic

CEO: Zdeněk Mucha

Contact

E-mail: info@insize.cz

Phone number: +420 544 500 151

E-commerce: www.insize-resellers.eu (hereafter “the seller”)

 

In accordance with § 1751 (1) of Act No. 89/2012 Coll., on Consumer Protection Act, INSIZE Czech s. r. o. (the seller) defines mutual rights and obligations of the seller and the buyer which arise from Purchase Contract concluded via e-commerce on the websites www.insize-resellers.eu.

The provisions of these Terms and Conditions are an integral part of the Purchase Contract. Deviating provisions in the Purchase Contract are preferred over the provisions of these Terms and Conditions. These Terms and Conditions and also the Purchase Contract are concluded in English language.

All information about the processing of your personal data is contained in the Privacy Policy here: https://insize-resellers.eu /information--gdpr-cookies/

Definitions

  • The price is a financial amount which you pay for the goods.
  • The price for the transport is a financial amount which you pay for the transport of the goods. This amount also includes the price for wrapping.
  • The total price is the sum of the price and the price for the transport.
  • VAT is the value added tax according to current legal regulations.
  • The invoice is a tax document issued according to Value Added Tax Act on the total price.
  • The order is a binding proposal for the conclusion of the Purchase Contract.
  • The Customer Account is an account established on the personal data which you have provided to us. It enables to save entered data, the history of ordered goods and the history of concluded contracts.
  • You are a person who buys on our e-commerce. The legislation identifies you as a buyer.
  • Explanation of the availability of goods and services – goods marked on our e-commerce as:
    • “In stock” – we have the goods physically in our warehouse in the Czech Republic, unless there is an exceptional situation,
    • “In stock at the producer” – the goods are in our supplier's central warehouse and if you order the goods marked in this way, we will inform you about the estimated date of delivery by the e-mail with order confirmation,
    • “Longer delivery time”, “Currently in production”, “Individual delivery time” or “On the way to us” – the goods which usually have longer delivery time, so we communicate with our costumer about the current possibility of its delivery or you can also inform yourself about current delivery time by phone or e-mail in advance (before the Purchase Contract is concluded),
    • “On request” – special goods which requires to prepare a price offer because of its specific character.

 

II. Information about goods and prices

Information about goods and services, including prices and main features, are listed for each individual item (goods, services) in the e-commerce. The prices of goods are shown without VAT and also including VAT (value added tax). Prices remain valid until they are displayed in the e-commerce. This provision does not preclude the negotiation of a Purchase Contract on individually agreed terms.

All presentation of the goods in the catalogue of the e-commerce is for information purposes only and the seller is not obliged to conclude a Purchase Contract in respect of these goods. 

Information about the costs associated with the wrapping and delivery of the goods is published in the e-commerce. The information about wrapping and delivery costs provided in the e-commerce is only valid in the cases specified in the offer of the choice of delivery country.

Any discounts on the purchase price of the goods cannot be combined with each other unless is it otherwise agreed between the seller and the buyer.

 

III. The order and conclusion of the Purchase Contract

Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) are paid by the buyer himself. These costs do not differ from the basic rate.

The buyer orders the goods (and additional services to the goods) at www.insize-resellers.eu in the following two ways:

  • via his Customer Account, if he has previously registered in the e-commerce,
  • by completing the order form without registration.

The buyer selects the goods (or additional services), the number of items, the method of payment and delivery, when placing an order.

The buyer is allowed to check and change the data he has entered in the order before sending the order. The buyer sends the order to the seller by clicking on the "Order with payment obligation" button. The data provided in the order are considered correct by the seller. The order becomes valid when are filled all mandatory data in the order form. By sending the order the buyer confirms that he/she has read these Terms and Conditions.

Immediately upon receipt of the order, the seller sends the buyer confirmation of receipt of the order via automated electronic communication to the e-mail address provided by the buyer when placing the order. This confirmation is automatic and it is not considered as a conclusion of a Purchase Contract. The confirmation is accompanied by the current Terms and Conditions of the seller. The Purchase Contract is concluded only after receipt of the order by the seller. Notification of the acceptance of the order, including the estimated delivery date, is sent via e-mail to the buyer's e-mail address.

In the case that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his e-mail address. The amended offer is considered as a new suggestion of the Purchase Contract and in this case the Purchase Contract is concluded by the buyer's confirmation of acceptance of the new offer to the seller at his e-mail address specified in these Terms and Conditions.

All orders accepted by the seller are binding. The buyer may cancel an order until the buyer has not received notification of acceptance of the order by the seller. The buyer may cancel an order by calling the telephone number or by writing an e-mail to the seller. Telephone number and e-mail address are specified in these Terms and Conditions.

In the case that there is an obvious technical error on the part of the seller in quoting the price of the goods in the e-commerce or during the ordering process, the seller is not obliged to deliver the goods to the buyer at such obviously incorrect price even if the buyer has been sent an automatic confirmation of receipt of the order in accordance with these Terms and Conditions. The seller informs the buyer about the error without undue delay and he sends the buyer an amended offer to the buyer's e-mail address. The amended offer is considered as a new suggestion of the Purchase Contract and in this case the Purchase Contract is concluded by the buyer's confirmation of acceptance of the new offer to the seller at his e-mail address. 

 

 IV. Customer account

Based on the buyer's registration made in the e-commerce, the buyer can access his Customer Account. The buyer can order goods from his/her Customer Account. The buyer can also order goods without registration.

The buyer is obliged to provide correct and truthful information, when registering for a customer account and when ordering goods. The buyer is also obliged to update the information provided in the Customer Account in case of any change. The information provided by the buyer in the Customer Account and when ordering goods are considered correct by the seller.

Access to the Customer Account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her Customer Account. The seller is not responsible for any misuse of the Customer Account by third parties.

The buyer is not entitled to allow third parties to use his/her Customer Account.

The seller may cancel the Customer Account, especially if the buyer no longer uses his/her Customer Account or if the buyer violates his/her obligations arising from the Purchase Contract and these Terms and Conditions.

The buyer is aware that the Customer Account may not be available continuously, especially because of necessary maintenance of the seller's hardware and software equipment or because of necessary maintenance of hardware and software equipment of third parties.

 

 V. Payment conditions and goods delivery

The price of the goods and the costs associated with the delivery of the goods arising from the Purchase Contract could be paid by the buyer in the following ways:

  • cashless transfer to the bank account kept at FIO Bank of the seller No.: 2101861853/2010, (IBAN:CZ54 2010 0000 0021 0186 1853; BIC/SWIFT: FIOBCZPPXXX),
  • in cash (cash on delivery) when the carrier hands the goods,
  • in cash by personal collection at the seller's headquarters (Krumlovská 1454/26, 664 91 Ivančice).

The seller does not require any deposit or other similar payment from the buyer in advance. Payment of the purchase price before shipment of the goods is not a deposit. The seller issues a tax document (invoice) to the buyer. The tax document is sent to the buyer's e-mail address or the tax document is attached to the delivered goods.

The goods are delivered to the address specified by the buyer in the order or the buyer could collect it personally at the seller's headquarters. The way of the delivery is chosen during the goods ordering.

The costs of the goods delivery depend on the method of shipment and receipt of the goods specified in the buyer's order and in the confirmation of the order by the seller. In the case that the method of delivery is agreed upon the buyer's specific request, the buyer shall bear the risk and any additional costs associated with this method of delivery.

If the seller is obliged to deliver the goods to the place specified by the buyer in the order according to Purchase Contract, the buyer is obliged to take delivery of the goods. If it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

When the buyer receipts the goods from the carrier, he/she is obliged to check the integrity of the packaging of the goods and in the case of any defects immediately notifies the carrier. In the case of visible damage or unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier.

The seller issues a tax document (invoice) to the buyer. The tax document is sent to the buyer's e-mail address or the tax document is attached to the delivered goods.

The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Responsibility for accidental destruction, damage or loss of the goods passes to the buyer at the moment of acceptance of the goods or at the moment when the buyer was obliged to accept the goods but failed to do so contrary the Purchase Contract.

 

VI. Withdrawal from the contract

A buyer who has concluded a Purchase Contract out of his business activity as a consumer has the right to withdraw from the Purchase Contract.

The withdrawal period is 14 days from the date of receipt of the goods.

The buyer cannot withdraw from the Purchase Contract for:

  • the provision of services, if it has been performed with his prior express consent before the expiry of the withdrawal period and the seller informed the buyer before the concluding the contract that he has no right to withdraw from the contract in such a case,
  • the supply of goods or services, the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,
  • the delivery of goods that have been modified according to the wishes of the buyer or for his person,
  • the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
  • delivery of goods in closed packaging that have been removed from the packaging by the buyer and cannot be returned,
  • the supply of a computer program (SW), if it has infringed its original packaging, or has registered a license or activation,
  • in other cases, specified in § 1837 of the Civil Code.

The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period by e-mail to the address specified in these Terms and Conditions. The seller shall promptly acknowledge receipt of the request to the buyer. The buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature. If the buyer has chosen a method of delivery other than the cheapest method of delivery offered by the seller, the seller shall reimburse the buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery offered.

The buyer has the right to cancel the order or return the goods, but he is obliged to reimburse all costs associated with the cancellation of the order to the seller. In case of return of non-standard goods, the seller is entitled to charge a cancellation fee of 20 % of the sale price. If the goods are manufactured to the buyer's direct order and if production (or delivery of the necessary materials) has already begun, the buyer is obliged to reimburse all costs associated with the cancellation of the order to the seller.

Returned goods must be unused, complete, in undamaged packaging (ideally closed in intact original packaging) and the goods must be eligible for resale. The buyer must return the goods to the seller undamaged and unpolluted and in their original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for reimbursement of the purchase price.

If the buyer withdraws from the contract, the seller shall reimburse the buyer immediately, but not later than 14 days after the withdrawal, all monies, including delivery costs, received from the buyer in the same manner. The seller will only return the funds received to the buyer in another way if the buyer agrees and if no additional costs are incurred.

If the buyer withdraws from the Purchase Contract, the seller is not obliged to return the received funds to the buyer before the goods are physically returned.

The Seller is entitled to withdraw from the Purchase Contract due to out of stock, unavailability of the goods, or when the manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The seller shall promptly inform the buyer via the e-mail address specified in the order and return all monies, including delivery costs, received from the buyer under the contract in the same manner, or in the manner specified by the buyer, within 14 days of notification of withdrawal from the contract.

  

VII. Rights from defective performance

The seller is responsible to the buyer that the goods are free from defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took delivery of the goods:

  • the goods have the properties agreed upon by the parties, and in the absence of an agreement, the goods have the properties described by the seller or the manufacturer with regard to the nature of the goods or based on the seller's advertising,
  • the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
  • the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
  • the goods are in the appropriate quantity,
  • the goods comply with the requirements of the legislation.

 

In the event of a defect (not caused by the buyer), the buyer may submit a complaint to the seller, which is usually resolved in the form of:

  • repairs of goods,
  • in exchange for new goods.

 

The buyer has the right to withdraw from the contract:

  • if the goods have a material defect,
  • if he cannot use the item properly due to the recurrence of the defect or defects after repair,
  • in case of a large number of defects in the goods.

 

The seller is obliged to accept the complaint at any establishment where the complaint can be accepted, possibly also at the registered office or place of business. The seller is obliged to issue the buyer with a written confirmation of when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.

The seller or an employee authorised by the seller shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removing of the defect, must be settled without delay, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The futile expiration of this period is considered a material breach of contract and the buyer has the right to withdraw from the Purchase Contract. The moment of making a complaint is considered to be the moment when the buyer's expression of will (exercising the right of defective performance) reaches the seller.

The seller informs the buyer in writing of the outcome of the complaint.

The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer himself caused the defect.

In the case of a legitimate complaint, the buyer is entitled to compensation for reasonable costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiry of the warranty period.

The buyer has the choice of how to make a complaint.

The rights and obligations of the contracting parties with respect to rights arising from defective performance are governed by § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection Act.

Other rights and obligations of the parties, related to the seller's responsibility for defects, are regulated by the Seller's Complaints Regulations.

 

VIII. Delivery

The parties may deliver all written correspondence to each other by electronic mail.

The buyer deliver correspondence to the seller at the e-mail address specified in these Terms and Conditions. The seller deliver correspondence to the buyer at the e-mail address specified in the Customer Account or order.

 

IX. Personal data

All information you provide during our cooperation is confidential and will be treated as such. Unless you give us written permission to do so, we will not use your data in any way other than for the performance of the contract, except for the e-mail address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse it. These communications may only relate to similar or related goods and can be unsubscribed at any time in a simple way (by sending a letter, e-mail or by clicking on a link in a commercial communication). The e-mail address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.

For more information of data protection, please refer to the Privacy Policy here: https://insize-resellers.eu /information--gdpr-cookies/

  

 X. Out-of-court dispute resolution

The Czech Trade Inspection Authority is competent for out-of-court consumer dispute resolution arising from a Purchase Contract with registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the Purchase Contract.

European Consumer Centre Czech Republic with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the point of contact according to the Regulation of the European Parliament and the Council No 524/2013 of 21 May 2013 on online dispute resolution for consumer disputes and on the amendment of Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on online consumer dispute resolution).

The seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade licensing authority. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection Act, among other things.

 

XI. Final provisions

All agreements between the seller and the buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.

The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 1 e) of the Civil Code.

All rights to the seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.

The seller is not responsible for errors resulting from third party intervention in the online shop or from its use contrary to its intended use. When using the online store, the buyer must not use procedures that could have a negative effect on its operation, and must not perform any activity that could allow him or third parties to interfere with or use the software or other components of the online store without permission, use the online store or its parts or software equipment in such a way that would be contrary to its purpose or purpose with its purpose.

The seller may change or supplement the formulation of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

 

These Terms and Conditions come into effect on 01/03/2023. Any changes of the policy will always be published directly on https://insize-resellers.eu/terms-and-conditions/.

 

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