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The Purchase contract Terms and conditions of E-shop Dragonello

All the Terms and conditions mentioned in text form of this contract, have the same meaning as in the Terms and conditions, which form an integral part thereof and which are listed below (the "Terms and conditions ").
The Seller and Buyer conclude the Purchase contract on the basis of the Terms and conditions listed below, the subject of which is the sale of products.


Terms and conditions E-shop Dragonello


Definition of Terms


Seller: 3TL s.r.o, Identification Number: 03045048, registered office in Prague 10, Gutova 4/3297, Postal Code 100 00, postal address: Gutova 4/3297, Prague 10, Postal Code: 100 00 registered in the Commercial Register maintained by the Municipal Court in Prague, Section C , insert 226661
Buyer: a private person buying products at the Seller's E-shop Dragonello.
Products: movables that are offered for purchase in the E-shop Dragonello by the Seller in accordance with the wording of these General Terms and conditions and ordered by the Buyer.

General information

These Terms and conditions ("Terms and conditions") govern the Seller's and Buyer's mutual rights and obligations arising in connection with or under a contract concluded between the Seller and Buyer through an online store, which is operated on the Internet at eshop. dragonello. com (hereinafter referred to as the "E -shop Dragonello"), through a web interface (hereinafter referred to as the "web interface"). Terms and conditions do not apply to cases where a person who intends to purchase products from the Seller is ordering products within their business.


Provisions diverging from these Terms and conditions can be agreed in the Purchase contract. Different arrangements set in the contract shall prevail over the Terms and conditions. All contractual relations are governed by Czech law. Contractual relationships under these Terms and conditions shall be governed by the law no. 89/2012 Coll. ,of The Civil Code (hereinafter the "NOZ")


Provisions of the Terms and conditions form an integral part of the Purchase contract. The Purchase contract and the Terms and conditions are written in Czech and English. The purchase contract can be concluded in Czech and English.


The Seller may change or amend these Terms and conditions . The Buyer agrees to these by concluding the Purchase contract. The Seller is obliged to inform The Buyer of a change of Terms and conditions by publishing a new version on the Internet at
eshop.dragonello. com .


This provision shall not affect the rights and obligations arising after the effective period of the previous version of previous Terms and conditions.


By submitting his /her order, The Buyer declares that he/she is acquainted with these Terms and conditions and Claims policy and agrees with them.

 

User account and Purchase contract


Upon registration on the website, The Buyer may access his/her user interface and order products (hereinafter "
user account").


Upon registration at the E-shop Dragonello and ordering products The Buyer is under the obligation to provide correct and true information and update it upon each and every change. The Buyer guarantees that all details provided in the user account for the purpose of ordering or purchasing products are true, accurate, up to date and complete in all aspects and are deemed correct by the Seller.


Access to a user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
The Buyer shall not allow the use of a user account to third parties.


The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software by the vendor, or necessary maintenance of hardware and software of third parties.


The Web interface contains a list of products offered for sale, including the prices of individual products. Prices of products offered are inclusive of VAT and all related charges. The Sales offer of products and prices remain in force as long as they are displayed on the web interface .


This provision does not limit the Seller to conclude a Purchase contract under individually negotiated conditions. All offers placed in the web interface are not binding and the Seller is not obliged to conclude a Purchase contract regarding these products.


The Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the products listed in the web interface applies only in cases where the products are delivered to the Czech Republic, Slovakia, Austria, Germany, Poland, Hungary, Slovenia, Croatia, Romania, Belgium, the Netherlands, Luxembourg, Denmark Estonia, Lithuania, Latvia, Switzerland, Lichtenstein, Ireland, Bulgaria, Great Britain, Italy, France,Serbia, Spain, Greece,Turkey, Cyprus, Portugal, Finland, Sweden, Norway . If the Buyer's delivery address is outside of the European Union, the Buyer may have to pay import duties and taxes, which are levied in the Buyer's country. The Buyer must meet any additional charges for customs clearance. Please note, Customs policies differ greatly from country to country. The Seller recommends to the Buyer to please contact the local customs office for further information.

To order the products, The Buyer fills in the order form in the web interface of the Dragonello E-shop. The Order form contains particular information about:

 

  1. -ordered products ( The Buyer' inserts' the ordered products into an electronic shopping cart on E-shop Dragonello web interface)

  2. -the method of payment of the purchase price

  3. -details of required method of delivery of the ordered products

  4. -Information on the costs associated with the delivery of products (hereinafter collectively referred to as the "Order")


Before sending the order , The Buyer is allowed to check and modify data in his/her order with regard also to the Buyer's ability to detect and correct any errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the appropriate button. The data referred to in the order are considered correct by the Seller. The Seller confirms the receipt of the order to the Buyer by e-mail , immediately upon receipt of the order at the e-mail address which the Buyer specified in the user interface or in the order (hereinafter referred to as the "Buyer's electronic address").


The Seller is always entitled to, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs) ask the Buyer for an additional confirmation of his/her order (in writing or by phone).


The contractual relationship between the Seller and the Buyer is concluded when The Buyer sends the order to the Seller.


The Buyer acknowledges that the Seller is not obliged to conclude a Purchase contract, especially with those persons who previously materially breached the Purchase contract (including Terms and conditions).


The Buyer agrees to the use of distance selling communication in concluding the Purchase contract. Costs incurred to the Buyer by using the means of distance selling communication in connection with concluding the Purchase contract (cost of internet access, telephone costs) are paid by the Buyer . These costs do not differ from the standard rate.

Transport and delivery options


The Buyer can choose one of the following two ways of delivery:

 

-by courier service GLS


-by Post


Postage, packing and costs of COD are not included in the purchase price and are settled by the Buyer. These costs are governed by the currently valid price list published on the Dragonello E-shop.


In the event of repeated deliveries or delivery required in other way than stated in the order, The Buyer shall bear the costs associated with repeated delivery of products, respectively the costs associated with another delivery method.

 

On taking the shipment over from the carrier, The Buyer shall check the integrity of the packaging and in case of any defects immediately notify the carrier. If The Buyer establishes any shipment violations and finds the shipment has been broken into or damaged, The Buyer shall not take the shipment over from the carrier. By signing the delivery note, The Buyer confirms that the shipment containing products was untouched.


We deliver to the Czech Republic, Slovakia, Austria, Germany, Poland, Hungary, Slovenia, Croatia, Romania, Belgium, the Netherlands, Luxembourg, Denmark, Estonia, Lithuania, Latvia, Switzerland, Lichtenstein, Ireland, Bulgaria, Great Britain, Italy, France,Spain, Serbia,Greece, Turkey, Cyprus, Portugal, Finland, Sweden, Norway. The delivery to all other countries is possible in accordance with the individual arrangements between the Seller and Buyer. If Buyer's delivery address is outside of the European Union, the Buyer may have to pay import duties and taxes, which are levied in Buyer's country. Buyer will have to meet any additional charges for customs clearance. Please note, Customs policies differ greatly from country to country. The Seller recommends that Buyer please contacts local customs office for further information.

 

Payment

 

The Buyer can settle the price of products and any costs associated with the delivery of products according to the contract, in one of the following ways:

 

  1. -by cash on delivery on the place designated by the Buyer in his /her order -valid only for the territory of Czech Republic


  2. -by Bank transfer via Pay-U - valid only for the territory of Czech Republic


  3. -by PayPal


  4. -by major credit/debit cards


Buyer shall pay the costs associated with packaging and delivery of products at an agreed rate together with the purchase price. Unless expressly stated otherwise, the purchase price includes the costs associated with products delivery.


In case of payment on delivery, the purchase price is payable upon receipt of products.(valid only for the territory of Czech Republic.)

 

In case of Bank transfers Seller's liability to settle the purchase price of the products and delivery was met when the Seller's account is credited .


The discounts cannot be combined.


If it is customary in trade relations or so stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice for the purchased products. The Seller is a payer of value added tax. The tax document - invoice is issued to The Buyer upon payment of the price of products and sent electronically to the Buyer's email address.

 

Withdrawal from the Contract


The Buyer acknowledges, that pursuant to § 1837 NOZ inter alia, he/she cannot withdraw from the Purchase contract for delivery of the products made to The Buyer's special requirements, perishable products ,products subject to wear and tear;furthermore for the delivery of sealed products where the seal has been broken and cannot be returned for hygienic reasons , the delivery of audio or video recordings or computer programs where the original packaging was broken


If none of the cases hereabove which prevent The Buyer from withdrawal from the Contract applies, or other cases when The Buyer cannot withdraw from the Contract,then The Buyer has, in accordance with § 1829 NOZ the right to withdraw from the contract within fourteen (14) days of receipt of products. Withdrawal from the contract must be delivered to the Seller fourteen (14) days after the day on which Buyer received the products. Buyer may use the standard form for withdrawal form the Contract provided by the Seller , which represents an annex to these Terms and Conditions. Buyer may also send the withdrawal from the contract directly to Seller's address or by mail to Seller's E mail address
info@eshop. dragonello. com.


In case of withdrawal from the Purchase contract , the Purchase contract is null and void. The products must be returned to the Seller within fourteen(14) working days from the dispatch of withdrawal from the Purchase contract to the Seller. The products must be returned to the Seller undamaged and, if possible, in the original packaging.


In case of withdrawal from the Purchase contract, the Seller will return the purchase price including the delivery costs to the Buyer within fourteen (14) days from the withdrawal from the contract by a bank transfer to an account designated by the Buyer .Delivery costs as mentioned in the previous sentence shall be covered by the Seller only amounting to the lowest method of delivery offered. Other costs associated with returning of the products other than the cost of returning by standard postage , are settled by The Buyer. In case of withdrawal from the Contract, the Seller is not obliged to return the funds received by the Buyer before the Buyer returns the products or sends the proof of dispatch of the products to the Seller.

 

If The Buyer is in the European Union or elsewhere and cancels the order within fourteen(14) days after the day of the receipt of the products, and the whole order is cancelled, the standard postage and packing costs paid as part of that order (if any) shall be refunded in accordance with the Distance Selling Regulations. If the Buyer paid for premium or express delivery, only the costs of standard delivery shall be refunded. The buyer will settle the costs of sending the order back to the Seller. No postage and packing charges will be refunded in case of cancellations done after the expiry of the fourteen(14)days allowed under the Distance Selling Regulations or if only a part of order is being cancelled.


The Buyer acknowledges that if the returning products are damaged, worn or partially consumed, the Seller becomes entitled to damages incurred . The Seller is entitled to compensation, and is allowed to unilaterally set off against the Buyer's claim for refund of the purchase price.


Until the receipt of the products by the Buyer, the Seller may at any time withdraw from the contract. In this case, the Seller will refund the purchase price to the Buyer without undue delay by bank transfer to an account designated by the Buyer.


If the products were purchased with a gift, such gift contract is concluded with conditions subsequent that if the Buyer withdraws from the Purchase contract such gift contract is null and void and the Buyer is obliged to return the gift provided along with the returning products to the Seller.

 

Liability and claims

The rights and obligations of the parties regarding the Seller's liability for defects, including The Seller's warranty liability shall be governed by the relevant legislation (in particular the provisions § 2099 et seq. NOZ).


The Seller is responsible for the fact that the products sold are in conformity with the contract and have no defects or damages. Conformity with the Purchase contract means that the products have the quality and properties required by the contract, the Seller, manufacturer or its representative, or expected on the basis of the advertisement of the products, or the quality and properties of the usual product of this kind that meets the requirements of the legislation and the products are in the correct quantity, measure or weight and correspond to the purpose for which the Seller says the products are for or for which the products are usually used for .


The provisions hereabove do not apply to products sold at a lower price due to defect/damage for which the lower price was negotiated;to the wear and tear of the products caused by its common use;to used products for defects caused by use or wear and taken over by the Buyer or inherent to the nature of the products.


The guarantee for the products is 24 months.


In the event that the products received by the Buyer are not in conformity with the contract (hereinafter referred to as "conflict with the contract"), the Buyer has the right to:

 

-in the event of breach of contract in a substantial way , the Seller shall, free of charge and without undue delay, bring the products into the condition according to the Purchase contract , either by repair or replacement of the products ; if aforementioned is not possible, the Buyer may either request a reasonable reduction of the price or withdraw from the contract. The Buyer is obliged to specify a required method of removing the defect to the Seller after such a defect had been noticed or without undue delay after the notificaton of the said defect. The Buyer is not allowed to change the chosen method without the prior consent of the Seller.

 

-in the event of breach of contract in a nonsubstantial way , the Seller shall, free of charge and without undue delay, bring the products into the condition according to the Purchase contract , either by repair or replacement of the products ; if aforementioned is not possible, the Buyer may request a reasonable reduction of the price .The Seller shall choose the method .The Buyer is entitled to withdraw from the contract only if the Seller refuses to remedy the defect or does not remove it in the agreed deadline.


The abovesaid does not apply if the Buyer was aware of the conflict with the contract or he/she caused the conflict with the contract himself /herself.


The guarantee does not cover damage caused by rough handling or mechanical damage.


The Buyer shall exercise his/her rights arising from the Seller's liability , including warranty liability, by post or by using the form provided by the Seller, which represents an annex to these Terms and Conditions. The claim shall include the defect description, copy of the sales receipt (or any other proof of the purchase) . The claim shall be valid the moment the Seller receives claimed products.

 

The Seller shall confirm the date and method of settling the claim, including confirmation of any repair and its duration, or if it is the case, a written justification for claim rejection.


Privacy


The Buyer's rights as a private person are protected by Act no. 101/2000 Coll. , Protection of Personal Data, as amended.


The Buyer agrees with processing of their personal data: name, address, delivery address if different to the the address, date of birth, email address and telephone number (hereinafter collectively referred to as "personal data").


The Buyer agrees with personal data collection .The Seller shall use the data for the purpose of realization of rights and obligations under the contract, for the purpose of maintaining user account and for sending commercial messages and information to the Buyer.


The Buyer acknowledges that he/she is obliged to submit the personal data (on registration, in user account, when ordering from the web interface of E shop Dragonello ) correctly and truthfully and that he /she is obliged to promptly notify the Seller about the change in his/hers personal data.


The Seller may appoint the third party to process the personal data. With the exception of carriers, your personal data will not be divulged to the third parties without your consent.


Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

 

The Buyer confirms that the personal information is accurate and that he/she was advised that they are submitted on voluntary basis.


The Buyer agrees to receive information related to products, services or company sent by the Seller to the Buyer's email address and agrees to receive commercial information to his email address.


The Buyer may, at any time , request a change of his/her personal data or their deletion via e-mail to the address info@eshop. dragonello.com.


Business communicaton and cookies storage


The Buyer agrees to receive information related to products, services or company sent by the Seller to the Buyer's email address and agrees to receive commercial information to his/her email address.


The Buyer agrees with Cookies storage on his /her computer. The Buyer is entitled to withdraw the consent from the previous sentence if the purchase on the Dragonello E-shop can be performed and all the Seller's liabilities from the Purchase Contract can be met without cookies storage.

Final Provisions


If relationship associated with the use of E- shop Dragonello or legal relationship based on the Purchase contract includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the Buyer's rights as a consumer under generally binding legislation.


If any provision of the Terms and conditions is invalid or ineffective, or becomes invalid and ineffective, a provision whose meaning comes closest to those invalid or ineffective will exchange them. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and Annexes to the Purchase contract or to Terms and conditions shall be done solely in writing.


The Purchase contract including Terms and conditions is archived by the Seller in electronic form and is not accessible.


Withdrawal from the contract form and claim form represent integral parts to these Terms and conditions .

 

Claim form represents the integral part to these Terms and Conditions.


3TL S.R.O. , as the operator of the online store eshop. dragonello. com is in accordance with the Act no. 121/2000 Coll. , Copyright Act, entitled to exercise copyrights to this website. All rights, including copyright, are owned by the Seller.


Any use of the contents of this website or copying or storage, or just parts of it, other than for your personal, non-commercial use is prohibited without Seller's written consent. The Seller reserves the right to change these Terms unilaterally.


Terms and conditions apply to the extent and wording that appears on Seller's website on the day of sending electronic orders.


The laws of the relationship between the Seller and the Buyer not specified in these Terms and conditions shall be governed by the laws of the Czech Republic.


These Terms and conditions are available in Czech and English.

 

Prague - August, 10th, 2015


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