These General Terms and Conditions (GTC) apply to purchases at the www.zencomarket.com e-shop. The GTC further define and specify the Seller’s rights and obligations (Operator, Supplier) and Buyer (Customer, Consumer). All contractual relationships are concluded in accordance with Czech Republic laws.
DEFINITION OF TERMS
CONSUMER AGREEMENT - a purchase agreement, a work agreement or any other agreement pursuant to the Civic Code, if the Consumer as one party and the Supplier or Seller as the other party are the Parties to the agreement.
SUPPLIER/SELLER - is a person who acts within the scope of its business or other entrepreneurial activity when concluding and fulfilling the agreement. It is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.
CONSUMER (BUYER) - a person who is not acting within its business or entrepreneurial activity when concluding and performing the agreement. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with such products or services.
NON-CONSUMER (BUYER) - is a person who acts within the scope of its business or other entrepreneurial activity when concluding and fulfilling the agreement.
PURCHASE AGREEMENT - the Buyer’s order is a draft purchase agreement and the purchase agreement itself is concluded at the moment of delivery of the Buyer’s binding consent to such a draft (the Seller’s binding confirmation of the order). From this moment, mutual rights and obligations arise between the Buyer and the Seller.
PURCHASE AGREEMENT CONCLUSION
All presentations of the goods placed on the shop’s web interface are of an informative nature and the Seller is not obliged to conclude a purchase agreement for such products. The provisions of § 1732 (2) of the Civil Code shall not apply.
The shop’s web interface contains information concerning the goods, including a statement of individual product prices. Goods prices include value added tax and all related fees. The goods prices remain valid for as long as they are displayed on the shop’s web interface. This provision does not restrict the Seller’s ability to conclude a purchase agreement under individually negotiated terms.
The shop’s web interface also includes information on the cost of packaging and delivering products. Information on the costs associated with the packaging and delivery of products listed in the shop’s web interface is valid only in cases when the goods are delivered within the Czech Republic.
To order products, the Buyer must fill in the order form in the shop’s web interface.
The order form includes information on:
- ordered goods (the Buyer adds goods to the electronic shopping basket on the shop’s web interface),
- the payment method of the goods purchase price, details of the required delivery method of ordered goods, and
- information on the costs associated with goods delivery (collectively referred to as the ‘Order’).
Before submitting the Order to the Seller, the Buyer is allowed to check and modify the data that the Buyer has entered in the order, including the option for the Buyer to detect and correct any errors that have occurred when entering data during the ordering process. The data stated in the order is deemed correct by the Seller. On receipt of the order, the Seller confirms the receipt to the Buyer’s email address as listed in its user account or in the order (hereinafter referred to as the ‘Buyer’s email’).
The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by telephone) at any time, depending on the nature of the order (quantity of products, purchase price, estimated shipping costs).
The contractual relationship between the Seller and the Buyer arises upon receiving the Order, which the Seller sends to the Buyer’s email address.
The Buyer agrees to the use of means of distance communication when concluding the Purchase Contact. Costs incurred by the Buyer when using the means of distance communication in connection with concluding the Purchase Agreement (costs of Internet connection, telephone call costs) shall be paid by the Buyer, whereby these costs shall not deviate from the basic rate.
The rights and obligations of the Contracting Parties regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding regulations (especially the provisions of § 1914 to § 1925, § 2099 to § 2117 and § 2161 to § 2174 of the Civil Code). The warranty period for all goods is 24 months (unless stated otherwise). The Buyers who are entrepreneurs and buy goods in connection with their business activities are provided with a warranty period of 12 months. The warranty period begins on the day of accepting the delivery of the performance subject. The invoice serves as a warranty card. The warranty does not apply to goods worn out in normal use, damaged by improper handling or improper installation.
Complaints, including the elimination of defects, will be settled without undue delay, no later than 30 calendar days from the date of the complaint, unless the Seller and the Buyer agree otherwise.
When claiming the warranty, the Consumer has:
- in the case of a defect that can be removed, the right to rectify the defect free of charge, properly and timely, the right to replace defective goods or defective parts, unless this is disproportionate due to the nature of the defect, and if such a procedure is not possible, the right to a reasonable discount from the purchase price or to withdraw from the Purchase Agreement
- if it is a defect that cannot be removed and prevents the proper use of the goods, the right to replace defective goods or to withdraw from the Purchase Agreement
- in the case of defects that can be removed occurring in large numbers or repeatedly and preventing the proper use of the goods, the right to exchange defective goods or to withdraw from the Purchase Agreement
- in the case of other defects that cannot be removed and if the Buyer does not require the exchange of the item, the right to a reasonable discount from the purchase price or to withdraw from the Purchase Agreement
LACK OF CONFORMITY WITH THE PURCHASE AGREEMENT
If the defect shows in the first 6 months after taking goods delivery, it is considered to be a defect that already existed at the time of taking delivery of the item, unless it is proven otherwise or contradicts the nature of the item. In such a case, if the Buyer is a Consumer, has the right to choose to resolve a defect that can be removed, in addition to the standard warranty repair, by exchanging the item for a defect-free item. If such a procedure is not possible, the Buyer/Consumer is entitled to a reasonable discount or may withdraw from the agreement. This does not apply if the Consumer knows about the lack of conformity with the Purchase Agreement or caused it itself.
THE BUYER’S WITHDRAWAL FROM THE AGREEMENT CONCLUDED BY MEANS OF DISTANT COMMUNICATION
If you are a Consumer and if it is not a case where it is not possible to withdraw from the agreement according to the provisions of § 1837, you have the right to return the purchased goods without giving a reason within 14 calendar days from the date of receipt of the goods according to § 1829 of the Civil Code (Act No 89/2012 Coll.). You have the same right if you place an order over the Internet with a pick-up in person at one of our pick-up points. If you are not a Consumer, i.e. you buy goods as part of your business or entrepreneurial activity (which is decided by the business ID on the purchase document), you do not have the right to withdraw as the law does not provide for this possibility.
If you decide to withdraw within this period, please comply with the following conditions:
- Send a letter (email) with the text: I want to withdraw from the Agreement of DD.MM.YYYY, invoice (order) number, and request a refund of the amount paid for the goods (if you require a refund to your account, please provide the account number). Date and signature. Alternatively, a text of a similar nature may be given, from which the expression of the will to withdraw from the agreement within the statutory 14-day period follows.
- Please pack the goods that you send in connection with the withdrawal from the agreement back to our address (Provozní 5492/3, Ostrava-Třebovice, 722 00) within 14 days of receiving it so that it is not damaged during transport. If possible, restore the goods to their original and complete state (including accessories, warranty card, instructions, etc.) to avoid a possible reduction of the refund by the costs incurred in restoring the goods to their original state.
- We will send the money for the goods to your bank account or by invoice as soon as possible, no later than 14 days from the withdrawal from the agreement, but not before the returned goods are delivered to our complaint department (or before you prove that the returned goods have already been sent to us).
- In this case, the Buyer pays the cost of returning the goods.
- Goods do not have to be returned in the original packaging, but the Supplier has the right to reimbursement of costs associated with restoring the goods to their original state. These costs can theoretically reach the full goods price. With regard to the variety of goods, each case of withdrawal from the agreement is handled individually.
- If a gift is provided to the Buyer together with the goods, a gift agreement between the Seller and the Buyer is concluded upon a condition that, if the Buyer withdraws from the Sales agreement, the gift agreement shall expire and the Buyer shall be obliged to return the goods together with the gift provided by the Seller.
The Czech Trade Inspection Authority - Inspectorate for the Moravian-Silesian and Olomouc Regions with its registered office at Provozní 5491/1, 722 00 Ostrava - Třebovice, www.coi.cz, is responsible for the out-of-court settlement of consumer disputes arising from the Purchase Agreement.
THE BUYER’S ORDER CANCELLATION
The Seller reserves the right to cancel the order or part thereof in the following cases:
- Goods are no longer manufactured or delivered or the Supplier has significantly changed the price. In the event that this occurs, the Seller will immediately contact the Buyer to agree on further action. If the Buyer has already paid part or all of the purchase price, this amount will be credited back to their account or address as soon as possible.
REPLACEMENT OF GOODS
In the case of purchasing goods that do not suit you or you received the goods as an unsuitable gift, we provide the possibility of replacing the goods.
To replace the goods, proceed as follows:
- Replacement request - send a letter (email) with the text: I request a replacement of goods purchased on DD.MM.YYYY, invoice (order) number, for the product (give the full name or insert a link to the product). If you wish to send the goods to a different address than the previous address, you must state this address, if the address is the same, state that the delivery address is the same as the previous delivery. If you choose a more expensive option as a new product, it is necessary to state how you will make the additional payment, whether by crediting it to our account or cash on delivery. Date and signature.
- Replacement of goods can be made within 14 days of purchase.
- The goods you want to replace must be in the original packaging, must have no signs of use, must be undamaged, complete (including accessories, warranty card, instructions, etc.) and with the original proof (or copy) of purchase.
- The cost of returning goods to the Seller and for sending new goods is paid by the Buyer.
The Complaints Policy describes the principles applied in the complaint of delivered goods. The Complaint Policy does not exclude or limit any binding legal rights of the Customer or any rights of the Customer against the Seller.
If a defect occurs in the product during the warranty period mainly due to its faulty design, workmanship or material, the defective product (or its component or parts) will be repaired or replaced free of charge if the following conditions are met. The Consumer has the right to withdraw from the agreement in cases provided for by law. The claimed product or its claimed part must be complete, preferably in the original packaging, or otherwise suitably packaged. The warranty provided by the Seller does not cover damage caused by fire, water, static electricity or other natural disasters, improper use of the product, normal wear and tear, mechanical damage or improper adjustment, modification, repair or improper use incompatible with the operating instructions, technical standards or safety regulations valid in the Czech Republic. The warranty also does not cover damage to the product during storage outside the temperature range from -20 °C to 45 °C, if specified in the relevant product documentation.
The Supplier undertakes to settle the complaint no later than 30 days from the date of receiving the complaint, including the claimed goods.
Complaints must include:
- name of the claimed goods,
- specific defect description,
- claimed product or claimed part,
- a copy of the proof of purchase (invoice) or other proof of purchase,
- address where to send the settled complaint and your contact details (phone, email).
In order for the complaint to be settled quickly, we recommend that you send all the above information and documents.
The claimed goods must be delivered to us in any way to our address. The repaired product will be returned at our expense. However, before sending, please contact us with the notification of the complaint.
Send the complaint to:
ALFI Corp. a.s.
Ostrava - Třebovice, 722 00
Should you have any questions, please contact us at:
- email: email@example.com
- telephone: +420 775 704 540
Www.zencomarket.com reserves the right to change these conditions without giving a reason. The already concluded purchase agreement is subject to the General Terms and Conditions valid at the time of its conclusion.
The goods are covered by the warranty according to the warranty conditions and deadlines stated in the warranty cards of individual products, or the deadlines stated on invoices or delivery notes.
The warranty period begins on the day of accepting delivery of the performance subject.
In the event of a defect in the performance subject covered by the warranty, the Buyer may preferentially arrange repairs directly at the nearest authorised service centre performing warranty repairs of the product. If it is not possible to arrange a repair in this way, the Seller will arrange the repair.
The list of service centres is usually given in the warranty card or in a separate annexe. If such list is not provided, at the Buyer’s request, the Seller will provide the address of the nearest authorised service centre.
If the Buyer finds damage to the packaging or goods during delivery, we recommend refusing to accept such goods or making a record of damage together with the carrier.
Before the first use, the Buyer is obliged to study the warranty conditions, including the Czech operating instructions, and then strictly follow such instructions.
If the Buyer is not a Consumer, they are obliged to inspect the goods delivered by the Seller as soon as possible - immediately upon receipt, i.e. upon delivery. Inspection must be carried out by the Buyer in a way to identify all defects that can be identified during a reasonable professional inspection. Subsequent claims for mechanical damage to the product can no longer be accepted. A similar procedure is recommended in the Consumer’s interest with regard to the fact that, upon receipt of the item, its signature on the waybill confirms, among other things, the parcel’s external integrity. Any complaint about the parcel’s external condition will be settled with regard to the signed waybill.
The warranty period for persons who use the product for the purpose of doing business with this product is not stipulated by the Civil Code and is determined by a specific importer or manufacturer.
PERSONAL DATA PROTECTION
Information about Buyers is stored in accordance with Czech Republic applicable laws, in particular the Personal Data Protection Act No 101/2000 Coll., as amended. The information you provide will be used to process your order. By concluding the Purchase Agreement, the Buyer agrees to personal data processing. This consent is granted for an indefinite period. The Seller reserves the right to use the obtained personal data for further offer of goods and services to the Buyer. The Buyer has the right to express its disagreement in writing with keeping records of its personal data. In such a case, the Seller will erase such data from its database to the extent necessary.
External carriers are an exception, whereby customer personal data is transferred to the minimum extent necessary for the smooth delivery of goods.
COMMERCIAL COMMUNICATION & COOKIES
The Buyer consents to sending information related to the Seller’s products, services or business to the Buyer’s email address and consents to the sending of commercial communication to the Buyer’s email address.
The Buyer consents to the storing of cookies on their computer. If it is possible to make the purchase on the website and the Seller’s obligations under the Purchase Agreement are met without the so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw their consent under the previous clause at any time.
COPYRIGHT - TRADEMARKS
All materials published on www.zencomarket.com are protected by copyright law. Product names and product designations may be registered trademarks of their respective owners or may be protected by other rights of the persons concerned.
Any part of www.zencomarket.com (especially descriptions, product illustrations and instructions) may not be copied electronically or mechanically and made available to the public without the copyright holder’s prior written permission.
ELECTRONIC REGISTER OF SALES
According to the law on the registration of sales, the Seller is obliged to issue a receipt to the Buyer. The Seller is also obliged to register received sales with the tax administrator online; or within forty-eight hours in case of technical failure. It is possible to provide the receipt to the Customer electronically in the case of online purchase(s) (however, there must be agreement between the Seller and the Customer on this procedure) by sending it by email or issuing it to the Customer’s customer account, etc., so that the Customer can freely use it, or by insertion in printed form to the delivered goods.