Terms and Conditions
Trading Terms
commercial companies
Poolservis obchod s.r.o.
with registered office at Lonkova 490, 53009
identification number: 08829403
registered in the Commercial Register, File No.: C 45178, kept at the Regional Court in Hradec Králové
for the sale of goods through an online shop located at the Internet address https://chemie-bazen.cz
- INTERNAL PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "Terms and Conditions") of the Poolservis obchod s.r.o, with registered office at Bělehradská 286, Pardubice 53009, identification number: 08829403, registered in the Commercial Register File No.: C 45178 kept at the Regional Court in Hradec Králové (hereinafter referred to as "seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, 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 purchase contract (hereinafter referred to as "purchase contract") concluded between the Seller and another natural person (hereinafter referred to as "buyer") through the Seller's online store. The online shop is operated by the Seller on a website located at https://www.chemie-bazen.cz (hereinafter referred to as the "website"), through a website interface (hereinafter referred to as the "website interface").
1.2. The Terms and Conditions do not apply where the person intending to purchase goods from the Seller is a legal person or a person acting in the course of ordering goods in the course of his business or in the course of his independent practice of his profession.
1.3. Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale 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 contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The contract of sale can be concluded in the Czech language.
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 effectiveness of the previous version of the Terms and Conditions.
- user account
2.1. Based on the registration of the Buyer made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to correctly and truthfully provide all the information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the user account and when ordering goods is considered by the Seller to be correct.
2.3. Access to the user account is secured by a user name and password. The buyer is required to maintain confidentiality regarding the information necessary to access his/her user account.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, in particular if the Buyer has not used the user account for more than two years or if the Buyer breaches its obligations under the purchase contract (including the terms and conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, and in particular with respect to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment.
- conclusion of the purchase contract
3.1. All presentation of the goods placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain in force for the time they are displayed in the web interface of the shop. This provision does not restrict the seller's ability to conclude a purchase contract on individually agreed terms.
3.3. The web interface of the shop also contains information about costs associated with packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the Czech Republic.
3.4. To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
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 the "order").
3.5. Prior to sending the order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the order, including with respect to the Buyer's ability to detect and correct errors made in entering data into the order. The Buyer sends the order to the Seller by clicking on the "Confirm Order" button. The information provided in the order is considered correct by the Seller.
3.6. Sending an order is considered to be such an act of the Buyer, which identifies in an unquestionable way the ordered goods, the purchase price, the Buyer's person, the method of payment of the purchase price, and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is subject to the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.
3.7. The Seller shall immediately upon receipt of the order confirm such receipt to the Buyer by email to the Buyer's email address specified in the user interface or in the order (hereinafter referred to as the "Buyer's email address")
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3.8. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (for example, in writing or by phone).
3.9. The draft purchase contract in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's electronic mail address.
3.11. In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send an amended offer to the Buyer at the Buyer's e-mail address, indicating the possible variants of the order and requesting the Buyer's opinion.
3.12. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall in such case be concluded only upon acceptance by the Buyer via electronic mail.
3.13. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs shall not differ from the basic rate.
- Price of Goods and Payment Terms
4.1. The price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale may be paid by the Buyer to the Seller in the following ways:
- in cash at the Seller's premises at Dražkovice 212, Pardubice 53009;
- in cash on delivery at the place specified by the buyer in the order;
- by wire transfer to the Seller's account no. 2301748644/2010, maintained at Fio Banka (hereinafter referred to as "Seller's account")
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon 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 the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with indicating the variable symbol of the payment. 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.
4.6. The Seller is entitled, in particular in the event that there is no additional confirmation of the order by the Buyer (Article 3.8), to require payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
4.8. If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
- Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract:
5.1.1. on the delivery of goods that have been modified according to the wishes of the buyer or for his person
5.1.2. on the delivery of perishable goods, as well as goods which have been irreversibly mixed with other goods after delivery,
5.1.3. on the delivery of goods in sealed packaging which have been removed from the packaging by the purchaser and cannot be returned for hygiene reasons,
5.2. Unless it is a case referred to in Article 5.1 or another case where the purchase contract cannot be withdrawn from, the buyer shall, in accordance with the provisions of § 1829 para. In the event that 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. Withdrawal from the purchase contract must be sent to the seller within the period specified in the preceding sentence.
5.3. In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (30) days of the withdrawal from the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal method.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 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 contract, in the same manner as the Seller received them from the Buyer, unless the parties agree otherwise. The Seller shall also be entitled to return the performance provided by the Buyer upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees to this 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.
5.5. The Seller is entitled to unilaterally set off the claim for reimbursement of damages incurred to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6. The Seller is entitled to withdraw from the Purchase Contract at any time until the goods have been accepted by the Buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, to the account designated by the Buyer.
5.7. If a gift is provided to the Buyer together with the Goods, the gift contract between the Seller and the Buyer shall be concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift to the Seller together with the Goods.
- transport and delivery of goods
6.1. In the event that the method of transport is agreed upon by special request of the buyer, the buyer bears the risk and any additional costs associated with this 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 shall take delivery of the Goods on delivery.
6.3. In the event that, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a different manner than that specified in the order, the Buyer shall pay the costs associated with repeated delivery of the goods or the costs associated with a different method of delivery.
6.4. On receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in the event of any defects notify the carrier immediately. In the event that the packaging is found to have been tampered with, the buyer may not accept the shipment from the carrier.
- Right from Defective performance
7.1. The rights and obligations of the contracting parties with regard to the rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 1914 to 1925, §§ 2099 to 2117 and §§ 2161 to 2174 of the Civil Code
7.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer took delivery of the goods:
7.2.1. the goods have the characteristics which the parties have agreed and, in the absence of agreement, have those characteristics which the seller or the manufacturer has described or which the buyer has come to expect having regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
7.2.3. the goods conform 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,
7.2.4. the goods are in the appropriate quantity, measure or weight and
7.2.5. the goods comply with the requirements of the legislation.
7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, or in the case of used goods, to a defect corresponding to the degree 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.
7.4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective on receipt.
7.4.1 All goods are covered by a two year warranty. Does not apply to - replacement UV lamps, measuring probes, pool bulbs - these are treated as consumables and a 6 month warranty applies.
7.5. The buyer shall assert the rights from defective performance with the seller at the address of the seller's establishment 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 of claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.6. Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.
- other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods
8.2. 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.
8.3. Out-of-court handling of consumer complaints is provided by the Seller via the electronic address poolservis.obchod@centrum.cz . The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
8.4. 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 of the protection of personal data 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.
8.5. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- Privacy of personal data
9.1. 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.
9.2. The Buyer agrees to the processing of the following personal data of his/her: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. 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.
9.4. 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.
9.5. The Seller may entrust a third party as a processor to process the Buyer's personal data. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in hard copy form in a non-automated manner.
9.7. The purchaser confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
9.8. Should the Buyer believe that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation so arising.
9.9. If the Buyer requests information about the processing of his personal data, the Seller shall provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information.
- Sending commercial communications and storing cookies
10.1. The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2. The Buyer agrees to the storage of cookies on his computer. In the event that a purchase can be made on the website and the seller's obligations under the purchase agreement can be fulfilled without storing cookies on the buyer's computer, the buyer may withdraw his/her consent according to the previous sentence at any time.
11. Delivery
11.1. Notifications concerning the relationship between the Seller and the Buyer, in particular concerning the withdrawal from the purchase contract, must be delivered by post by registered letter, unless otherwise stipulated in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, with the exception of notices of withdrawal made by the buyer, where the withdrawal shall be effective if the notice is sent by the buyer within the withdrawal period.
11.2. A notice is also deemed to have been delivered if its receipt is refused by the addressee, if it is not collected within the storage period, or if it is returned as undeliverable.
11.3. The parties may deliver ordinary correspondence to each other by electronic mail, to the electronic mail address specified in the buyer's user account or specified by the buyer in the order, or to the address specified on the seller's website.
11.4.We determine your satisfaction with your purchase through e-mail questionnaires as part of the Verified by Customers program in which our e-shop is involved. These are sent to you every time you make a purchase with us, unless you refuse to receive them in accordance with Section 7(3) of Act No. 480/2004 Coll. on certain information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the Verified by Customers programme is carried out on the basis of our legitimate interest, which consists in determining your satisfaction with your purchase with us. We use the processor Heureka.cz, the operator of the Heureka.cz portal, to send you questionnaires, evaluate your feedback and analyse our market position; we may pass on information about the goods you have purchased and your e-mail address for these purposes. Your personal data is not passed on to any third party for its own purposes when sending email questionnaires. You can object to the sending of email questionnaires within the framework of the Customer Verified programme at any time by rejecting further questionnaires using the link in the email with the questionnaire. If you object, we will no longer send you the questionnaire.
12. EET - electronic sales registration
12.1.According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
12.2.By placing an order, the buyer agrees to issue and send the receipt electronically to the buyer's email or send it together with the goods.
- final provisions
13.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
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. An annex to the Terms and Conditions is
13.5. Seller's contact details: delivery address Poolservis shop, Dražkovice 212, Pardubice 533 33, e-mail address poolservis.obchod@centrum.cz, telephone 728 871 005.
In Pardubice on 27.2. 2021 Jaroslav Štegner, Poolservis obchod s. r.o.
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