In accordance with the provisions of Section 1751 (1) of the Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), these Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations between:
the company MonaxaPlus s.r.o.
registered office at Dubnice 63, 794 01 Lichnov
ID No.: 098 01 294
registered in the Commercial Register administered by the Regional Court of Ostrava, Section C Insert 84387, as a seller on one hand (hereinafter referred to as the “Seller”) and a buyer on the other hand (hereinafter referred to as the “Buyer”) arising out of a purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the parties through an online store operated by the Seller on a website located on the internet address https://www.monaxaplus.com. (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “Web interface of the store”).
All legal relations between the Seller and the Buyer arising in connection with or on the basis of the Purchase Agreement are governed by the laws of the Czech Republic. If the Buyer is a consumer, the relationships not governed by these Terms and Conditions are governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) and the Act No. 634/1992 Coll., Consumer Protection Act (hereinafter referred to as the “Consumer Protection Act”). If the Buyer is not a consumer, the relationships not governed by these Terms and Conditions are governed by the Civil Code.
The provisions of these Terms and Conditions are an integral part of any Purchase Agreement. The terms and conditions are drawn up in Czech and English language. The Terms and Conditions are drawn up in all languages according to the previous sentence of this article. A version of the General Terms and Conditions issued in the same language as the Purchase Agreement is always applied to the individual Purchase Agreement. In case of any discrepancies between the language versions of the Terms and Conditions, the Czech version of the Terms and Conditions prevails.
A buyer who resides in a Member State of the European Union outside the Territory of the Czech Republic or who is a citizen of a Member State of the European Union outside the Territory of the Czech Republic agrees to the conclusion of a Purchase Agreement in the Czech language or one of the languages mentioned in the previous paragraph of these Terms and Conditions.
Provisions deviating from the Terms and Conditions can be agreed in the Purchase Agreement concluded on the basis of individual negotiations between the Buyer and the Seller. The divergent arrangements in the Purchase Agreement take precedence over these Terms and Conditions.
By placing an order, the Buyer confirms that he/she has become acquainted with these Terms and Conditions, an integral part of which consists of the Complaints Procedure (Art. VIII. of these Terms and Conditions) and the Privacy Policy, prior to the conclusion of the contract, and that he/she expressly agrees with them, in a version valid and effective at the time of sending the order.
A copy of the Terms and Conditions will be received by the Buyer as an attachment to the Order Confirmation to the specified e-mail address. The Buyer also receives an invoice containing the basic data of the contract, including receipts according to the Act on Registration of Sales and Tax Document, as an attachment to the confirmation of the order to the specified e-mail address, and the Buyer agrees to this. These documents are sent to the Buyer to the e-mail address specified by the Buyer when ordering, or they are available after logging into the Buyer’s user profile in the My Account section, subsection My Purchases.
DEFINITION OF TERMS
For the purposes of these Terms and Conditions, the Buyer means a consumer or entrepreneur.
The consumer is any individual who, outside his trade, business or profession, enters into a contract or has other dealings with an entrepreneur. (hereinafter referred to as the “Buyer – Consumer”).
The entrepreneur is a person who, on his own account and responsibility, independently carries out a gainful activity in the form of a trade or in a similar manner with the intention to do so consistently for profit. For the purposes of consumer protection, any person who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur, shall also be considered as an entrepreneur. For the purposes of these Terms and Conditions, an entrepreneur means one who concludes a purchase contract in the course of his business activity (hereinafter referred to as the “Buyer – Entrepreneur”). If the Buyer mentions his registered office, business name or identification number in the order, he acknowledges that the rules set out in these Terms and Conditions apply to entrepreneurs and thus cannot invoke the right of consumer protection.
The offer is legal action aimed at concluding the contract, if it is free from error, contains the essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if it implies the applicant’s will to be bound by the contract, the offer will be accepted.
A proposal to supply goods or to provide a service at a specified price made in the course of a business activity by advertising, in a catalogue or by displaying goods shall be considered to be an offer subject to the exhaustion of stocks or loss of the entrepreneur’s ability to perform.
Confirmation of the Order means a binding confirmation of the Order by e-mail sent by the Seller to the Buyer’s e-mail address.
The conclusion of the Purchase Agreement is the moment of delivery of the Confirmation of the Order to the Buyer by the Seller (i. e. acceptance of the Order by the Seller), thus concluding the Purchase Contract. From this point on, the Seller and the Buyer are bound by the Purchase Agreement and have rights and obligations arising from the Purchase Agreement.
Registration means the creation of a user account by entering the e-mail address and password on the website located at https://www.monaxaplus.com internet address for making purchases and other offers published on the website.
An order means an offer to conclude a Purchase Contract made by the Buyer via a designated electronic form on the website. The requirements of the Order are further specified in these Terms and Conditions.
For the purposes of these Terms and Conditions, goods are products of the Seller that are presented in the Web interface of the store.
LICENSING ARRANGEMENTS
The subject of the Purchase Agreement are goods that are supplied to the Buyer electronically (hereinafter referred to as “Digital Content”). Digital content is protected by copyright or other intellectual property law. At the same time as these Terms and Conditions, the Buyer also acknowledges this license agreement, which is an integral part of them.
The Seller, as the author of the Digital Content or as a licensee or sublicensee of such object, grants the Buyer the relevant license/sublicense, therefore the right to use the Digital Content within the meaning of Act No. 121/2000 Coll., on Copyright and Rights Related to Copyright and on Amendment to Certain Acts (the Copyright Act), as set out below.
The content of the license or sublicense is the Buyer’s right to use the Digital Content for personal or internal use, but not for the purpose of direct or indirect economic or commercial benefit.
The Buyer is not entitled to reproduce, expand (in the form of sale and offer for sale), rent or communicate to the public (from the recording, via TV, radio or other means) for the purpose of direct or indirect economic or commercial benefit without the prior written consent of the Seller.
The Buyer is not entitled to modify or copy or otherwise interfere with the Digital Content in any way. For these purposes, the Buyer acknowledges that the Digital Content is secured by protective elements used to identify a specific person of the Buyer.
The Buyer is not obliged to use the license/sublicense. The Buyer is not entitled to grant the authorization as a part of the license/sublicence to a third party in whole or in part. The Buyer is not entitled to transfer the license/sublicence to a third party in whole or in part.
The remuneration for the license/sublicense is fully included in the Purchase Price of the goods and the Seller is not entitled to demand any further payment for the license/sublicense. This is without prejudice to the Seller’s right to compensation for damage or non-material damage, financial penalties or other costs foreseen by law or these terms and conditions. The Seller is entitled to make consent to the use of the Digital Content subject to payment of remuneration in the manner referred to in point (c) of this Article.
The license/ sublicense of the Digital Content pursuant to this paragraph is not territorially restricted unless expressly stated otherwise.
The license for works as subjects to copyright protection shall last for the duration of the property rights; the same period applies to other subjects protected by the regulations for the protection of intellectual property rights which are not subject to copyright law, if the legislation does not provide a longer period.
If the Buyer violates the license agreement of this Terms and Conditions or commits any unlawful or unethical act while using the Web interface of the store, the Seller is entitled to restrict, suspend or terminate access to the Buyer’s user account without any compensation. In this case, the Buyer is also obliged to pay the damage caused by his actions pursuant to this paragraph to the Seller in full.
The Buyer acknowledges that the Seller is not obliged to refrain from exercising the right for which he grants a license/sublicence and, on the contrary, acknowledges that the license/sublicence to the Digital Content is granted to a similar extent to other Buyers when purchasing the goods.
The Buyer is not entitled to mask or conceal his IP address or geographical location.
USER ACCOUNT
Based on the Buyer’s registration made on the website, the Buyer accesses his user interface. The Buyer orders goods exclusively from his user interface (hereinafter referred to as the “User account”). Ordering goods without registration directly from the Web interface of the store is not possible.
When registering on the website and ordering goods, the Buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in case of any change. The data provided by the Buyer in the user account and when ordering the goods are considered correct by the Seller.
Access to the User account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User account and acknowledges that the Seller is not liable for the Buyer’s breach of this obligation.
The Seller assumes that only the Buyer always uses the User account. In case that the Buyer allows third parties to use the User account, he is obliged to do so himself, unless he proves otherwise.
The seller may cancel the User account if the Buyer breaches his obligations under the purchase contract (Terms and Conditions).
The Buyer acknowledges that the User account may not be available 24/7, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of third-party hardware and software.
The Seller has the right to cancel the User Account if the Buyer breaches his obligations, in particular the obligation not to modify, misuse and spread the goods, or takes steps to violate the protection of Digital Content. If the User account is canceled, the user loses the ability to log on to their user interface.
CONCLUSION OF THE PURCHASE CONTRACT
The subject of the purchase contract is, on the one hand, the Seller’s obligation to deliver to the Buyer the goods according to the Buyer’s binding choice, under the conditions set out in the Purchase Agreement, and, on the other hand, the Buyer’s obligation to take over the subject of purchase and pay the Purchase price properly.
The presentation of goods placed in the Web interface of the store has an informative nature and is not an offer within the meaning of the Article 1732 (1) of the Civil Code and the Seller is not obliged to conclude a Purchase Contract for these goods. Article 1732 (2) of the Civil Code does not apply.
The Web interface of the store contains information about the goods, including the prices of the individual goods. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the Web interface of the store. This provision does not limit the Seller’s ability to conclude a purchase contract under individually agreed conditions.
To order the goods, the Buyer fills in the order form in the Web interface of the store. The order form contains, in particular, information about:
ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart via the Web interface of the store);
the method of payment of the purchase price of the goods (collectively referred to as an “order”)
Sending an order does not conclude a contractual relationship (purchase contract). The purchase contract is concluded only by the delivery of the acceptance of the order within the meaning of the Article 5.8. of these Terms and Conditions.
Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order, taking into account the Buyer’s ability to detect and correct errors when entering data into the order. The Buyer sends the order to the Seller by clicking on the “SEND ORDER” button. The data specified in the order are considered correct by the Seller. Immediately after receiving the order, the Seller confirms the receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or the order (hereinafter referred to as the “Buyer’s e-mail address”).
The resume of an order is not an acceptance within the meaning of the Article 5.8. of these Terms and Conditions, but only automated information on its registration under the assigned number. Subsequently, the order will be processed by the Seller and the Buyer will be delivered either electronic confirmation of the order (acceptance) within the meaning of the Article 5.8. of these Terms and Conditions, or the information that the ordered goods are sold out or not in stock.
The Seller is always entitled, depending on the nature of the order (quantity of goods and the amount of the Purchase price, to ask the Buyer for additional confirmation of the order (for example, in writing or by phone).
The contractual relationship between the Seller and the Buyer arises from the delivery of the Order Confirmation (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address. At the same time as the written confirmation of receipt of the order, the Seller will send the Buyer a text copy of the current version of these Terms and Conditions.
The Buyer acknowledges that the Seller is not obliged to conclude a Purchase Agreement, especially with persons who have previously materially violated the Purchase Agreement.
An additional change or cancellation of an order that has already been confirmed by the Seller is possible only on the basis of an agreement of the parties or on the basis of legal grounds. The Seller is not obliged to accept a change of order especially at the moment when the Seller has already modified the goods according to the Buyer’s wishes.
The Seller is entitled to withdraw from the concluded contract at any time before the delivery of the goods, provided that:
is not objectively able, for reasons on the part of third parties, to deliver the goods to the Buyer within a period appropriate to the circumstances and/or
the goods are no longer produced and/or
the goods are no longer delivered and/or
the price of the supplier of the goods has changed significantly and/or
it will become clear that the Buyer has violated a previously concluded contract with the Seller.
At the same time, the Seller informs the Buyer that the contract is not concluded if there are legitimate doubts about the actual identity of the Buyer and/or in case of obvious errors in the stated information about the goods or price. If the Buyer has already paid part of the Purchase Price or the entire Purchase Price, this amount will be refunded to him within 30 days of sending the order back, in the same way that the Seller accepted the payment from the Buyer.
The Buyer agrees to use the means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the Buyer himself, and these costs do not differ from the basic rate.
PAYMENT CONDITIONS – PAYMENT OF THE PURCHASE PRICE OF THE GOODS
The Buyer may pay the price of the goods and according to the Purchase Agreement to the Seller in the following manner:
cashless in advance via the Global Payments payment system
cashless in advance via the payment system PayPal
by wire transfer to the Seller’s account in advance;
cashless prepayment by credit card
Due to the nature of the goods and the method of delivery, no costs associated with the delivery of the goods are charged.
The Buyer is obliged to pay the full Purchase Price before delivery of the goods. In the case of a non-cash payment, the Buyer’s obligation to pay the Purchase Price is fulfilled at the moment of crediting the relevant amount to the Seller’s account.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other unless the conditions of the discount event do not state otherwise.
The Seller is not a value added tax payer. The Buyer is obliged to pay the Purchase Price in currency, in the amount, within the period and in the manner agreed in the Purchase Agreement. As a basis for payment of the Purchase Price, the Seller will issue a tax document (invoice) for the final Purchase Price paid, in accordance with the relevant legal regulations and using the data provided by the Buyer when ordering the goods. This tax document also serves as a delivery note and proof of purchase, with the Seller sending it to the Buyer in electronic form to his e-mail address together with the confirmation of the order.
TRANSPORT AND DELIVERY OF GOODS
If the goods do not have a special delivery period, then the usual delivery period is five (5) working days from the date of crediting the entire Purchase Price to the Seller’s account.
The goods are made available to the Buyer immediately after payment of the Purchase Price, but no later than within the period according to the previous paragraph of this article, by means of a link to download Digital content from the https://www.monaxaplus.com website, in the Section My Account, subsection My Purchases, which the Buyer receives together with the password sent to the address of his e-mail.
The Digital content stored on the website https://www.monaxaplus.com is made available to the Buyer indefinitely, from the date of sending the e-mail message with the relevant link and password to the Buyer by the Seller. The Seller is entitled to check whether the Buyer has already downloaded the Digital Content or not.
RIGHTS FROM DEFECTIVE PERFORMANCE AND COMPLAINTS PROCEDURE
The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations, in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and act No. 634/1992 Coll., Consumer Protection Act.
The Seller grants the Buyer that the goods are in conformity with the Purchase Agreement and, in particular, that they are free from defects. Conformity with the purchase contract means, that the goods have the quality and characteristics specified in the Purchase Agreement, or the quality and characteristics of the goods of the given type, that comply with the requirements of the relevant legislation and are applicable for the usual purpose, and that they are supplied in the appropriate quantity, quantity or weight.
The Seller grants the Buyer – consumer a warranty of 24 months for the purchased goods which begins to run on the day of receipt of the goods. The Buyer –consumer is entitled to exercise the right with the Seller from a defect that will occur in the warranty period according to the first sentence. If the defect of the goods occurs within six months of receipt, the item shall be considered to have been defective at the time of receipt. The Buyer – consumer is obliged to approach the Seller for the defect immediately after finding it.
The seller grants the Buyer – entrepreneur a guarantee of six (6) months for the purchased goods which begins to run on the day of receipt of the goods. The defect that occurs in the goods during the warranty period must be reproached by the Seller as part of the complaint immediately after it has been detected. The seller reserves the right to refuse to process a complaint that the Buyer – Entrepreneur does not make in time.
The arrangement on the length of the warranty period as referred to in the point 8.3 and 8.4 of these Terms and Conditions do not apply in case the goods are marked with a minimum shelf life or other period during which the item may be used, or such periods are shorter than those referred to in the point 8.3 and 8.4 of these Terms and Conditions. In such a case, the Buyer is entitled to exercise the right from a defect that will occur on the goods only at the time indicated in this way.
In the case of the sale of goods with a defect that does not prevent the use of the item for the usual purpose or in the case of the sale of goods which are used or deteriorated, the Seller is obliged to notify the Buyer of the defect or the type and degree of deterioration, and such goods can be sold at a price lower than the usual price of the impeccable item. In such a case, the warranty provided by the Seller does not apply to the defect with which the goods were sold and which the Buyer was notified of.
The Buyer is obliged to exercise the rights from defective performance pursuant to this Article – a complaint – with the Seller via the address of the e-mail address or by registered letter through the postal service provider at the contact address as stated in the final provisions of these Terms and Conditions.
In the complaint, the Buyer is obliged to provide his contact details (first and last name/ business name and ID number, contact address, e-mail, telephone number), order number, identification of the goods and a precise description of the claimed defect. At the same time, the Buyer attaches information about the method of delivery of the claimed goods to the Seller, the associated costs being borne by the Buyer. The Buyer is obliged to provide the Seller a warranty certificate and the claimed goods at the same time as the complaint is made or no later than seven (7) days from the date of its application.
If the complaint is accepted, it will be primarily handled by the removal of the defect, e. g. by repairing, modifying the item, delivering the missing part or by delivering new impeccable item. If the defect of the goods cannot be removed in the manner according to the previous sentence, the Buyer may be granted a reasonable discount on the Purchase price of the goods. Only if the complaint cannot be handled in the manner according to the previous sentences the Buyer can withdraw from the contract. If the Buyer does not re-issue the defect of the goods with the Seller in time, the right to withdraw from the Purchase Agreement will be lost.
The Seller shall inform the Buyer, no later than ten (10) days from the date of receipt of the complaint or the claimed goods/warranty certificate (if it is transmitted to the Seller at a later date), whether he acknowledges the claimed complaint or rejects it as unjustified (hereinafter referred to as the “Communication”).
In case of recognition of the complaint as justified, the Seller undertakes to settle the Buyer’s complaint within thirty (30) days from the date of dispatch of the Communication pursuant to the article 8.10 to the Buyer, by one of the methods stated in the article 8.9. The Seller shall inform the Buyer without delay of any impossibility to comply with the deadline according to the previous sentence and at the same time inform the Buyer within what period the complaint can be handled.
In the case of a legitimate complaint, the Seller chooses the method of its handling in such a way that it is possible and effective, taking into account the nature of the defect of the goods and their condition.
The Seller points out that the Buyer does not own the rights from defective performance if the Buyer knew at the time of receipt of the item that the goods had a defect or if the Buyer caused the defect himself.
The Buyer acknowledges that the subject of the complaint is not the content or a summary of information captured in the Digital Content as the result of the creative activity and the knowledge of the Seller or suppliers processed at his own discretion. In the case of this type of goods, the subject of the complaint may be for example the malfunction of the download link of the Digital Content or the factual manifest defects of the product materials.
The Seller is not liable for defects consisting in the impossibility of downloading the Digital Content due to the absence or unsuitability of the software on the part of the Buyer.
CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE PURCHASE CONTRACT BUYER – CONSUMER
Where the Buyer – Consumer places an order through a means of distance communication the Buyer-Consumer may withdraw from the Purchase Agreement within 14 days of
conclusion of the Purchase Agreement relating to Digital Content
receipt of the goods or the last part of the delivery, irrespective of the method of receipt of the goods or the method of payment made.
within this period, the Buyer – Consumer is obliged to send the Seller a notice of withdrawal from the Purchase Agreement. The withdrawal period of the Purchase Agreement in the case of an order for Digital Content begins to run on the day following the date of conclusion of the Purchase Contract, even if other goods are purchased together with the Digital Content for which the withdrawal period runs from the date of its receipt (see the b) section of this paragraph).
In case of withdrawal from the Purchase Agreement, the Buyer – Consumer will send an e-mail to the Seller’s e-mail address specified in the final provisions of these Terms and Conditions with a notice of withdrawal from the Purchase Agreement. The notice of withdrawal from the Purchase Agreement must include: the name and surname of the Buyer and his address, the order number including the name of the products and the number of pieces, as well as the number of the bank account to which the Purchase price of the goods is to be returned. The Buyer is obliged to fill in all the required data properly in the notification, otherwise the notice of withdrawal from the Purchase Agreement cannot be accepted. The Seller subsequently confirms to the Buyer – Consumer the receipt of the notice of withdrawal from the contract. The Buyer – consumer is obliged to send written withdrawal from the contract to the Seller within fourteen (14) days from the date of conclusion of the Purchase Agreement concerning the Digital Content or receipt of the goods. In case of the delivery when several parts are delivered on the basis of one contract, the withdrawal period runs from the date of receipt of the last delivery of the goods. The Buyer – Consumer does not have to state the reason for which he/she withdraws from the Purchase Agreement. In order to facilitate communication, it is advisable to indicate the date of purchase, the invoice number and the chosen method of returning the goods. A template form, which is an integral part of these Terms and Conditions, can also be used for withdrawal from the Purchase Agreement.
In case of withdrawal from the contract, the Purchase Agreement is cancelled ex tunc and the Buyer – Consumer is obliged to hand over the delivered goods to the Seller without delay, but no later than fourteen (14) days from the date of delivery of the Seller’s e-mail confirmation of receipt of the Buyer’s notice of withdrawal from the contract.
The Seller is obliged to return the Purchase Price of the goods to the Buyer – Consumer within fourteen (14) days of receiving the withdrawal from the contract, in the same way as he accepted the payment from the Buyer – Consumer, but not before receiving the returned goods back. In case of sending the goods to the Buyer – Consumer on delivery, the refund of the Purchase Price will be made by bank transfer to the account of the Buyer – Consumer, unless the parties do not agree otherwise.
If the Seller offers several options within a certain method of delivery of the goods, he is entitled to reimburse the cheapest of them to the Buyer – Consumer.
The Buyer – Consumer acknowledges that it is not possible to withdraw from the contracts stipulated in the provisions of Section 1837 of the Act No. 89/2012 Coll., Civil Code.
If the subject of the Purchase Agreement is the supply of Digital content made available to the Buyer Consumer online, the Buyer – Consumer has the right to withdraw from the contract under the following conditions:
If the Buyer – Consumer agrees to make the Digital Content available after the expiry of the 14-day period from the conclusion of the Purchase Agreement, he has the right to withdraw from the contract at that time (The Buyer receives the Digital Content only 14 days after the conclusion of the contract, but has the possibility to change his mind at that time and without giving any reason to withdraw from the contract).
If the Buyer – Consumer agrees to make the Digital Content available within 14 days of the conclusion of the Purchase Agreement, i. e. at the time stipulated by the Civil Code for the possibility of withdrawal, and the Seller has informed the Buyer of the loss of the right of withdrawal, such Buyer shall lose the consumer’s right to withdraw from the contract without giving a reason at that time.
The Buyer – Consumer has the right to withdraw from the Purchase Agreement within 14 days of the conclusion of the Purchase Agreement, if the Seller makes the Digital Content available for withdrawal at this time without requesting the prior consent of the Buyer – Consumer with such procedure, or neglects to notify the Buyer – Consumer that the immediate disclosure of the Digital Content means the loss of the right of withdrawal.
The Buyer – Consumer ticks whether or not he/she wishes to make the Digital Content available within 14 days of the conclusion of the Purchase Agreement before submitting the order of the Digital Content and at the same time he is informed of the consequences associated with it. If the Buyer – Consumer ticks before sending the order that he wishes to make the Digital Content available immediately, he acknowledges that he will lose the consumer’s right of withdrawal within 14 days of the conclusion of the Purchase Agreement.
If the Buyer – Consumer exercises his right to withdraw from the Purchase Agreement, the Buyer – Consumer is obliged, to return any gifts that were provided to him with these goods by the Seller (i. e. goods delivered for CZK 0) including everything that enriched the Buyer – Consumer at the expense of the Seller. If these values are not restored, these values will be understood as unjust enrichment. If the release of the subject of unjust enrichment is not possible, the Seller has the right to monetary compensation in the amount of its usual price.
CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE PURCHASE CONTRACT BUYER – ENTREPRENEUR
The Seller’s delay in the delivery of the goods is considered an insignificant breach of the contract. In case that the Seller does not deliver the goods even within a new date agreed with the Buyer –Entrepreneur, the Buyer – Entrepreneur is entitled to withdraw from the Purchase Agreement thus such withdrawal must be in writing and must be verifiably delivered to the Seller’s e-mail address specified in the final provisions of these Terms and Conditions.
The Seller is entitled to withdraw from the Purchase Agreement as a result of repeated failure to provide cooperation by the Buyer – Entrepreneur in the delivery of goods or providing accessibility of the Digital Content. Withdrawal from the Purchase Agreement does not affect the Seller’s right to compensation.
The return of impeccable goods after its receipt and payment by the Buyer – Entrepreneur is possible only on the basis of an agreement with the Seller.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
The Buyer takes the ownership of the goods by paying the full Purchase Price of the goods.
The Seller is not bound by any codes of conduct within the meaning of Section 1826 (1/e) of the Civil Code in relation to the Buyer.
The Seller is entitled to sell the goods on the basis of a trade license. The inspection of business according to the Trade Licensing Act is carried out within the scope of its competence by the relevant trade licensing office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, to a defined extent, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
The Buyer acknowledges that the software and other components forming the Web interface of the store (including the photos of the goods offered) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow him or third parties to tamper with or improperly use the software or other components constituting the Web interface of the store.
The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the Web interface of the store when using it. The Web interface of the store can only be used to the extent that does not violate the rights of other customers of the Seller and which is in accordance with its intended purpose.
The Buyer acknowledges that the Seller is not liable for errors arising as a result of third-party interference with the Website or as a result of the use of the Website contrary to its intended purpose.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
The Buyer agrees to sending information related to the Seller’s goods, services or business to the Buyer’s e-mail address and also agrees to receive commercial communications by the Seller to the Buyer’s e-mail address.
The Buyer agrees to storing so-called cookies on his/her computer. If it is possible to carry out a purchase on the website and fulfil the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent according to the previous sentence at any time, either by letter sent to the Seller’s address or electronically to the Seller’s e-mail address […]
DELIVERY
Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing or in text form within the meaning of Section 1819 of the Civil Code by e-mail, in person or by registered mail operator (at the choice of the sender). The delivery to the Buyer may be carried out to the e-mail address of the Buyer, specified in his User account.
The message shall be delivered to the other contracting party:
in case of service by e-mail at the time of receipt to the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,
in case of delivery in person or through a postal operator, by taking delivery by the addressee,
in case of delivery in person or through a postal service operator, also by refusing to take delivery of the consignment if the addressee (or the person authorized to take over the consignment for him) refuses to take over the consignment,
in the case of service through a postal operator, the expiry of a period of ten (10) days from the deposit of the consignment and a call to the addressee to take over the stored consignment if the consignment is deposited with the postal service operator, even if the addressee has not become not sure of the deposit.
FINAL PROVISIONS
In accordance with the Article III. of the Regulation No 593/2008 on the law applicable to contractual obligations, adopted by the European Parliament and the Council of the European Union on 17 June 2008 (“Rome I”), the contracting Parties agree that the relationship is governed by Czech law excluding the application of the “United Nations Convention on Contracts for the International Sale of Goods”. This choice is without prejudice to the Article VI of Rome I concerning consumer contracts. If the habitual residence of the Buyer – Consumer provide such a Buyer – Consumer with a higher degree of protection than the Czech legal order, the Buyer – Consumer in legal relations is granted this higher level of protection.
The Buyer – Consumer has the right to out-of-court settlement of a consumer dispute. The entity of out-of-court settlement of consumer disputes is the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, company number: 000 20 869, web: http://www.coi.cz. The Buyer-Consumer can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/. In other cases, the jurisdiction of the ordinary courts of the Czech Republic is given to resolve mutual disputes between the Seller and the Buyer. All disputes arising out of these Terms and Conditions or the Purchase Agreement will thus be settled in accordance with Czech procedural law. In accordance with the provisions of Section 89a of the Act No. 99/1963 Coll., code of civil procedure, it was agreed that the court in whose district the Seller has its registered office has jurisdiction to decide the dispute between the contractual Parties.
All oral and written information about the suitability and possibilities of use of the supplied goods is distributed to the best knowledge of the Seller. However, the information represent only the values of experience and information obtained by the Seller himself or from the manufacturer or his supplier
If any provision of these Terms and Conditions is invalid or ineffective, or becomes such, a provision whose meaning is as close as possible to the invalid provision shall take place instead of the invalid provisions. The invalidity or ineffectiveness of one provision shall be without prejudice to the validity of the other provisions of these Terms and Conditions.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in an electronic form and it is not accessible at the Seller’s registered office.
All contracts and the legal relations arising from and related to these contracts, are governed by the legal order of the Czech Republic and the rights and obligations not covered by the Purchase Agreement or in these Terms and Conditions are governed in particular by the relevant provisions of the Civil Code.
The annexes of these Terms and Conditions are the Terms and Conditions of Personal Data Protection (Privacy Policy) and a template form for withdrawal from the Purchase Agreement.
These Terms and Conditions shall are valid and effective from the date of their publication on the Website https://www.monaxaplus.com.The Wording of these Terms and Conditions may be amended or supplemented by the Seller. The updated version of the Terms and Conditions will be published on the Website and is binding for the Buyer for each further order of goods made after the publication of the updated version of these Terms and Conditions
