Valid for purchases in the online shop www.ekopyro.eu
The operator and owner of the e-shop is the company :
Ekopyro CZ s.r.o.
Jaurisova 515/4
140 00 Praha 4 - Michle
Czech Republic
ID: 064 63 363
VAT: CZ06463363
Bank account: Fio Banka a.s., IBAN : SK37 8330 0000 0020 0142 7005
The responsible manager of the e-shop is the CEO of the company.
The seller coincides with the operator and owner of the e-shop.
Phone: +421 704 777 916
e-mail: ekopyro@gmail.com
Supervisory authority :
Czech Trade Inspection Authority
Inspectorate for the Central Bohemia Region and the Capital City of Prague (Inspektorát pro Středočeský kraj a Hlavní město Praha)
Štěpánská 567/15
120 00 Prague 2
Notice:
According to Act 206/2015 Coll., pyrotechnic articles of category F4, T2 or P2 may only be purchased by a person with professional competence.
1. Introductory provisions
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Ekopyro CZ s.r.o. , with registered office at Jaurisova 515/4, Prague 4 - Michle, ID No.: 64 63 363 , registered in the Commercial Register maintained by the Municipal Court in Prague, file number C 282610 (hereinafter referred to as the "Seller"), regulate the following in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a contract of sale (hereinafter referred to as the "contract of sale") concluded between the seller and another natural person (hereinafter referred to as the "Buyer") via the Seller's online shop. Internet shop is operated by the Seller on a website located on the Internet www.ekopyro.eu (hereinafter referred to as the "website"), through the web interface website (hereinafter referred to as the "web interface").
1.2 The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods under his or her business activity or in the course of his or her independent practice of his or her profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The purchase contract and terms and conditions are drawn up in the national language. The contract of sale may be concluded in Czech or in Slovak.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions terms and conditions.
1.6 The Buyer acknowledges that the specified descriptive data (e.g. duration of the effect, packaging of the product in the photograph, calibre of the compacts, contents of the packing sets) are indicative. These data may vary "approximately".
1.7 Due to the nature of the goods sold, only the Buyer may purchase goods in the online shop of a person over 15 years of age, if he/she buys only pyrotechnics of category F1. category F2, can only be purchased by a person over 18 years of age. Category F3 can be purchased only by a person over 21 years of age. Purchasers ordering registrations or ordering merchandise confirms compliance with the above conditions of purchase according to Law No. 206 / 2015 §5.
1.8 The web interface of the shop is implemented through technical means of the operator and the owner of the website.
2. User account
2.1 The Buyer can order goods without registration directly from the web interface store.
2.2 In the case of registration on the website, the buyer can access his user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account").
2.3 When registering on the website and ordering goods, the Buyer is obliged to correctly indicate and truthfully all the data provided in the user account, the buyer is obliged to any change in the user account. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.4 Access to the user account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his user account account.
2.5 The Buyer is not entitled to allow third parties to use the user account.
2.6 The Seller may cancel the user account, in particular if the Buyer has canceled his user account for more than 2 years, or if the Buyer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).
2.7 The Buyer acknowledges that the User Account may not be available around the clock, in particular due to the necessary maintenance of the Seller's hardware and software.
3. Conclusion of the Purchase Agreement
3.1 All presentation of the goods placed in the web interface of the shop is for informational purposes. nature and the Seller is not obliged to conclude a purchase contract in respect of these goods, namely in particular with regard to the necessary maintenance of the Seller's hardware and software equipment and possible errors on the web interface of the shop. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop contains information about the goods, including prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges, except for delivery charges. The prices of the goods remain valid after the time they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with packaging and delivery of the goods. The information on packaging and delivery costs set out in the web interface only apply if the goods are delivered within the territory of the Czech Republic and Slovakia.
3.4 The Buyer may order goods from the Seller's range in person, by telephone, by SMS or e-mail and via the internet shop. To order goods, the Buyer shall fill in the order form in the web interface shop. The order form contains in particular information about:
3.4.1. the goods ordered (the buyer places the order by pressing the button marked "add to cart") into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as "order").
3.5 Before sending the order to the Seller, the Buyer shall be allowed to check and amend the information entered by the Buyer in the order, including with regard to the Buyer's ability to ascertain and to correct any errors made when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Order" button. The data provided in the order are the Seller's shall be deemed correct. The Seller shall immediately upon receipt of the order confirmation to the Buyer by email to the Buyer's email address indicated in in the user interface or in the order (hereinafter referred to as "Buyer's e-mail address").
3.6 The Seller is entitled, depending on the nature of the order (minimum age of the Buyer, the quantity of goods, the amount of the purchase price, the expected transport costs) to ask the buyer for additional confirmation of the order (e.g. in writing, by telephone or by e-mail).
3.7 The contractual relationship between the Seller and the Buyer is established upon acceptance of the order (acceptance), which the Seller sends to the Buyer by email to Buyer's email address.
3.8 The Buyer agrees to the use of means of remote communication in concluding the purchase contract. Costs incurred by the Buyer in using means of remote communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer and shall not differ from the basic rate.
4. Price of the goods and payment terms
4.1 The price of the Goods and all costs associated with the delivery of the Goods under the Purchase Contract may be paid by the Buyer pay the Seller in the following ways:
4.1.1. in cash on delivery at the place specified by the Buyer in the Order;
4.1.2. by wire transfer to the Seller's bank account IBAN : SK37 8330 0000 0020 0142 7005 maintained at Fio Banka a.s. (hereinafter referred to as the "Seller's account");
4.1.3. Cashless payment by credit card, via the payment gateway "CardPay"
4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the delivery of the goods (transport, cash on delivery, card payment fees) in the pre-agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3 The prices of the goods are quoted for the product including 21% VAT. The prices of the goods are valid for ordering at www.ekopyro.cz (while displayed on the e-shop website).
4.4 For cash and cash on delivery, the purchase price is payable on receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer shall pay the purchase price of the goods together with the variable symbol of the payment.
4.6 In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
4.7 Any discounts on the price of the goods, discount coupons and special offers provided by the Seller to the Buyer cannot be combined with each other. The Seller does not require a deposit or any other payment from the Buyer. This is without prejudice to the provisions of Articles 4.4 and 4.5 of the Terms and Conditions regarding the payment of the purchase price of the goods in advance (if the Customer chooses to pay in advance).
4.8 The Seller shall issue a tax document (invoice) to the Buyer that meets all the requirements of the law. In case of non-cash payment in advance, the tax document is attached to the goods upon delivery.
4.9 The Seller is a payer of value added tax. The price of the goods in the online catalogue is always current and valid. The Seller reserves the right to change the price of the goods offered. A change in the price of the goods in the online catalogue does not affect the total value of the order already received by the Buyer.
5. Withdrawal from the purchase contract
5.1 The Buyer acknowledges that, pursuant to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from, inter alia:
5.1.1. from a purchase contract for the delivery of goods that have been modified according to the wishes of the buyer or for his person,
5.1.2. from a contract of sale for the delivery of perishable goods as well as goods that have been irretrievably mixed with other goods after delivery,
5.1.3. from a contract for the supply of goods in closed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
5.1.4. from a contract of sale for the supply of an audio or visual recording or a computer program if the consumer has broken the original packaging.
5.2 Unless the case referred to in Article 5 or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the Purchase Contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the withdrawal form provided by the Seller, which is attached to the Terms and Conditions and can be found at the end of the Terms and Conditions.
5.3 The Buyer may withdraw from the Purchase Contract, inter alia
5.3.1. send it to the Seller's business address: Pittsburgská 1673/21, 01001
5.3.2. deliver it personally to the Seller's business address: Pittsburgská 1673/21, 01001
5.3.3. send to the Seller's electronic address: ekopyro@gmail.com
5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset.
5.5 The Goods must be returned to the Seller within fourteen (14) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.
5.6 In the event of withdrawal from the contract according to Article 5 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract, the Seller shall return the funds to the Buyer only in cashless form. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in any other way, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.7 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price. In the event of withdrawal from the purchase contract, the consumer is entitled to a refund of the transport price in the lowest amount offered (even in the case of an individually agreed more expensive method of transport - for example, express courier).
5.8 Until the goods are accepted by the buyer, the seller is entitled to withdraw from the purchase contract at any time. The Buyer is entitled to withdraw from the Purchase Contract at any time until the Seller has dispatched the goods. In this case, the Seller shall refund the Purchase Price to the Buyer without undue delay, in cash to the account designated by the Buyer.
6. Transport and delivery of the goods
6.1 If the method of transport is agreed upon at the request of the Buyer, the Buyer shall bear the costs associated with the chosen method of transport.
6.2 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 delivery of the goods upon delivery.
6.3 On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the consignment and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been damaged in a manner indicative of unauthorised intrusion into the consignment, the Buyer may not accept the consignment from the carrier. (It is recommended to draw up a report with the driver of the transport company.)
7. Method of delivery and payment for delivery
7.1. Cash on delivery with shipping
Delivery by parcel service - Payment: 129 CZK incl. VAT. The order is paid (in cash) upon receipt from the delivery company. The payment consists of 40 CZK cash on delivery + 89 CZK shipping.
7.2.
Delivery by mail order - Payment: in EURO incl. VAT. The order is paid before dispatch. For example, bank transfer, credit card. The order will be delivered by the delivery company.ä
8. Rights from defective performance
8.1 The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
8.2 The Seller shall be liable to the Buyer that the Goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
8.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
8.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
8.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
8.2.4. the goods are in the appropriate quantity, measure or weight; and
8.2.5. the goods comply with the requirements of the legislation.
8.3 The provisions set out in Article 8 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to a defect in the case of second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
8.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
8.5 The Buyer shall assert the rights arising from the defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment when the Seller receives the claimed goods from the Buyer shall be deemed to be the moment when the claim is made.
8.6 Other rights and obligations of the parties related to the Seller's liability for defects are regulated in the appendix to the Seller's terms and conditions (Complaints Procedure).
9. Other rights and obligations of the parties
9.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
9.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) (e) of the Civil Code.
9.3 The out-of-court handling of consumer complaints is provided by the Seller via the electronic address ekopyro@gmail.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's electronic address.
9.4 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 office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
9.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
10. Protection of personal data
10.1 The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
10.2 The Buyer agrees to the processing of the following personal data: name, surname, street, descriptive number, municipality, postcode, VAT number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
10.3 The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of maintaining a user account (for registered buyers). Unless the Buyer chooses otherwise, the Buyer agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
10.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
10.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
10.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
10.7. Kupující potvrzuje, že poskytnuté osobní údaje jsou přesné a že byl poučen o tom, že se jedná o dobrovolné poskytnutí osobních údajů.
10.8. V případě, že by se kupující domníval, že prodávající nebo zpracovatel (čl. 10) provádí zpracování jeho osobních údajů, které je v rozporu s ochranou soukromého a osobního života kupujícího nebo v rozporu se zákonem, zejména jsou-li osobní údaje nepřesné s ohledem na účel jejich zpracování, může:
10.8.1. požádat prodávajícího nebo zpracovatele o vysvětlení,
10.8.2. požadovat, aby prodávající nebo zpracovatel odstranil takto vzniklý stav.
10.9. Požádá-li kupující o informaci o zpracování svých osobních údajů, je mu prodávající povinen tuto informaci předat. Prodávající má právo za poskytnutí informace podle předchozí věty požadovat přiměřenou úhradu nepřevyšující náklady nezbytné na poskytnutí informace.
11. Zasílání obchodních sdělení a ukládání cookies
11.1. Kupující souhlasí se zasíláním informací souvisejících se zbožím, službami nebo podnikem prodávajícího na elektronickou adresu kupujícího a dále souhlasí se zasíláním obchodních sdělení prodávajícím na elektronickou adresu kupujícího.
11.2. Kupující souhlasí s ukládáním tzv. cookies na jeho počítač. V případě, že je nákup na webové stránce možné provést a závazky prodávajícího z kupní smlouvy plnit, aniž by docházelo k ukládání tzv. cookies na počítač kupujícího, může kupující souhlas podle předchozí věty kdykoliv odvolat.
12. Delivery
12.1 The Buyer may be delivered to the e-mail address specified in his/her user account or specified by the Buyer in the order.
13. Final provisions
13.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
13.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
13.3 The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.
13.4 A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
13.5 Contact details of the Seller: delivery address (this is not the address for returning goods!) Ekopyro CZ s.r.o., Jaurisova 515/4, 140 00, Prague 4 - Michle
- e-mail address ekopyro@gmail.com phone +420 704 777 916
The return address can be found in point 4 of these terms and conditions.
In Prague on 02.1.2017 Ekopyro CZ s.r.o.
Reklamační řád
(Příloha č. 1 k obchodnímpodmínkám)
1. Tento reklamační řád upravuje práva a povinnosti mezi prodávajícím Ekopyro CZ s.r.o. Jaurisova 515/4 , 140 00, Praha 4 - Michle, IČ : 064 63 363 a kupujícím na eshopu www.ekopyro.EU .Byl zpracován dle ustanovení zákona č. 89/2012 Sb., Občanský zákoník a zákona č. 634/1992 Sb., Zákon o ochraně spotřebitele.
2. Kupující může svá práva z vadného plnění uplatnit ve lhůtě 24 měsíců od převzetí zboží. Tato lhůta se prodlužuje o dobu, po kterou bylo zboží v opravě.
3. Kupující může uplatnit oprávněnou reklamaci mimo jiné
3.1. doručením nebo osobně na adrese: Pittsburgská 1673/21, 01001
3.2. emailem na adrese: ekopyro@gmail.com
4. Kupující při podávání reklamace doloží:
4.1. způsob nabití zboží (například předložením daňového dokladu, faktury či záručního listu)
4.2. reklamované zboží (doporučujeme reklamovat zboží včetně příslušenství a obalu)
4.3. detailní popis reklamované závady.
5. Prodávající kupujícímu vystaví písemné potvrzení o přijetí výrobku do reklamačního řízení. Potvrzení obsahuje mimo jiné označení výrobku, datum uplatnění reklamace, popis reklamované závady a požadovaný způsob vyřízení reklamace.
6. The seller decides on the complaint immediately, in complex cases within 3 working days. Complaints including defects shall be settled without undue delay, at the latest within thirty (30) calendar days from the date of the complaint, unless the Seller and the Buyer agree otherwise. This time limit shall begin on the date of receipt of the complaint. If the deadline is not met, the consumer has the right to have the defective goods replaced or to withdraw from the purchase contract.
7. The customer is informed by e-mail or telephone about the settlement of the complaint. To the contact he/she has indicated in the complaint report. At the end of the complaint procedure, the Seller shall issue the Buyer with a confirmation of the date of termination of the complaint, the method of handling the complaint, a confirmation of the repair and a confirmation of the duration of the repair of the product.
8. In case of rejection of the claim, the Seller shall issue a written justification to the Buyer.
9. The right to invoke the guarantee shall cease in the event of
9.1. the wear and tear of the item through normal use,
9.2. improper handling and use contrary to the instructions on the product,
9.3. damage by the elements (e.g. water, etc.),
9.4. damage caused by excessive loading.
10. In the event of a justified complaint, the goods shall be repaired free of charge to the consumer. If it is an irremediable defect, the goods are replaced with new ones.
11. In the event of a legitimate claim, the buyer is entitled to reimbursement of postage costs in the necessary amount (reimbursement of necessary costs incurred in connection with the claim). In the case of a manifestly unjustified claim, the buyer is not entitled to reimbursement of his costs associated with the settlement of the claim.
12. The Buyer is advised to contact the Seller by email before sending the claimed goods. It is advisable to send the goods only after mutual agreement on the method of delivery of the claim. The Seller recommends that the goods are carefully packed in the original shipping container before shipment. When receiving the shipment (after the claim has been settled) from the carrier, it is always recommended to check the shipment immediately upon receipt. Inspection of the consignment is understood to mean the detection of intactness of the packaging, mechanical or other damage to the packaging of the consignment. In the event that the packaging is found to have been tampered with, the buyer may not accept the shipment from the carrier. The Seller is recommended to make a record of any damage immediately upon receipt of the shipment with the carrier, therefore it is always necessary to inspect the shipment thoroughly before acceptance. The carrier is obliged to wait until the buyer has made the inspection.
13. Due to the nature of the goods sold, it is possible to send only unused pyrotechnic goods (non-functional, for example, due to the lack of an initiating fuse or a trace). The buyer is obliged to dispose of used (once initiated) failed pyrotechnic products according to the instructions on the product. Before using the pyrotechnic product, the buyer is obliged to read the instructions for use and disposal of the product. The instructions are indicated on the packaging of the product.
14. Leave the failed product alone for 30 minutes. Then take photographs from a safe distance. Then follow the instructions for disposal on the packaging. Other handling of the failed product is prohibited!!!
15. The photograph of the claimed failure should clearly show
15.1. visible malfunction of the product,
15.2. visibly consumed initiating part of the product (burnt out fuse),
15.3. the date the photo was taken (we recommend setting the date on the camera),
15.4. what product is being claimed.
Thank you !