Terms and conditions – Purchase agreement

 

 

Trading company: APNEAMAN Ltd.

 

 

Based in Prague 7 - Holešovice, Bubenské nábřeží 13 (Pražská tržnice, hall no.16), ZIP 170 00

C.R. No: 278 66 441, OR C 122736, section C, registered in the Commercial Register maintained by the Municipal Court in Prague

To sell the products through online store website:

 

 

www.apneamanshop.cz

 

 

The customer is obliged to read the terms and conditions before the purchase.

 

 

All received orders are considered binding.

 

 

1. The company reserve the rights to change the products prices. The customer pays the price of confirmed order.

2. We reserve the rights to extend the delivery period (Article III. Paragraph 3) in the case of any unforeseen circumstances.

We shall inform the Customer immediately of the occurrence and expected duration of such disruptions.

3. The Customer shall be inform about the date of delivery via e-mail.

4. Individual descriptions of the products are informative. They might get changed.

5. We are taxpayers – all prices are final and include VAT.

 

 

1. Introductory provisions
 

1.1. These terms and conditions (hereinafter referred to as "Terms") are the Terms of our trading company (hereinafter referred to as "Seller"), that regulate the Rights and Obligations arising from purchase agreement (hereinafter referred to as "Agreement") concluded between the Seller and other natural person or legal person (hereinafter referred to as "Customer") through the Seller’s online store.

 

1.2. These terms and conditions apply to ordering listed goods on the Seller’s web site: www.apneamanshop.cz through the online store. The conditions specify and clarify the Seller’s Rights and Obligations (company Apneaman Ltd.) and its Customers (buyers) in its up-to-date version form the context of the Agreement (supply of goods).

 

1.3. These term and conditions also apply when you access our website www.apneamanshop.cz

 (Hereinafter referred to as "Website"), or place an order to purchase any of the products made available to you on our website www.apneamanshop.cz. The terms and conditions does not apply in the case when person orders intends to purchase any products from the Seller buying the goods in business activity. (He or she orders the products from the Seller and wants to make a payment by bank transfer from a business bank account, the following information must be supplied: COMPANY’S NAME, PHONE NUMBER, FAX, COMMERCIAL REGISTRATION NUMBER, TIN, and BANK DETAILS. These information will enable us to make the necessary accounting operations, if needed, identify your payment made by bank transfer. If you are requesting delivery to different address than the above-mentioned, you shall write into special requests your alternative service address (for example the address when you are reachable during the day).

 

1.4. Derogating provisions from the terms and conditions could be set up in the Agreement. Derogating arrangements in the contract shall prevail over the terms and conditions.

 

1.5. Provisions of the terms and conditions are an integral part of the Agreement. The Agreement and the terms and conditions are written in the Czech language. The Agreement can be concluded in the Czech language.

 

1.6. We reserve the right to change or modify these Terms. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.

 

 

2. Personal account - registration

 

2.1. Under the Buyer’s registration on the website, the Buyer can access his/her user interface. From his/her user interface the Buyer can order goods. (During registration the following information shall be provided.  If you are a natural person, they are: FULL NAME, COMPLETE MAILING ADDRESS, and EMAIL ADDRESS. These information are necessary to identify you as a customer. We use them for realization and recognition of your payment for purchased goods in order to the correct supply of goods and to communicate with you. If you require the delivery to another address, you can write this alternative delivery address into the file – special requests (e.g. the address where you are reachable during the day).

 

2.2. When you register on the website and order goods, the Buyer is obliged to provide correct and true information. The Buyer is required to update the data in his/her user account. The data in the user account are considered correct by the Seller.

 

2.3. Access to the user account is secured by user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary for accessing his/her user account and acknowledges the Seller shall not be responsible for breach of that obligation. 

 

2.4. The Buyer shall not allow the use of a user account to third parties.

 

2.5. The Seller may cancel a user account, especially when the Buyer does not use his/her user account for more than twenty-four (24) hours, or if the Buyer breaches his/her obligations under the Agreement (including the terms and conditions).

 

2.6. The Buyer acknowledges that the user account may not be available continuously, particularly, of the necessary maintenance of the Seller’s hardware and software, or the maintenance of hardware and software of third parties.   

 

3. Order, Conclusion of the contract 

 

3.1. Web interface contains a list of goods offered for sale, including the prices of individual goods. VAT and all related charges are included in the price of goods.  The sale of goods and the prices remain valid for the time they are displayed in the web interface business. By this provision, the Seller‘s possibility to conclude a contract under individually negotiated conditions is not limited. All offers of the sell goods placed on the web interface are not binding and the Seller is not obliged to conclude an Agreement on these products.

 

3.2. The validity of the electronic order is to fill all the required data and information. The order is a draft of the Agreement. To the conclusion of a contract it is not required formal confirmation of the order by the Seller, the Agreement arises from the actual delivery of goods. Seller may in a particular case of the high price order reserve formation of the contract by order confirmation.

 

3.3. The Seller, depending on the nature of the trade (quantity of goods, prices, transport costs, distance, etc...) especially when the price is higher than 2000, - CZK, is always entitled to ask the Buyer to authorize the order in an appropriate manner, e.g. by phone or in writing. If the Buyer refuses to authorize the order in the required manner, the order is considered invalid.

 

3.4. To order goods, the Buyer fills an order form on the web interface business. The order form contains particular information about:  

 

    3.4.1. Ordered goods (the good which the buyer "inserts“ into an electronic shopping cart)

 

    3.4.2. Method of payment of the purchase price, details of the desired method of the delivery)

 

    3.4.3. Information about the costs of the delivery

 

3.5. Before sending the order to the Seller, the Buyer is allowed to check and modify the data in order, with regard to the Buyer’s aspect to detect and correct errors during the entering the data into the order. The Buyer send the order by clicking on „confirm the order“. The data in the order are considered correct.

 

3.6. Ordering goods is create with the procedure which is described in detail in the instructions (How to buy). After sending the order, a confirmation email will be also sent to the Buyer’s email address written into the user interface or in the order by which is concluded a contractual relationship between Seller and Buyer. In the case that you find an irregularity in the confirmation, contact use immediately via email, phone (phone no. +420 222 362 559) or on www.apneamanshop.cz.

 

3.7. The Buyer agrees to the use of a means of distant communication in concluding the Agreement. The costs incurred by the usage of the means of distant communication in the context of the Agreement conclusion (the cost of the internet access, telephone costs) are paid by the Buyer.

 

4. Cancellation and return policy 

 

4.1. Cancelling an Order as a Buyer: After the first hour since the purchase the order is considered binding. You have the right to cancel your order within the one hour by phone, email or fax without any explanation.

 

4.2. Cancellation an Order as a Seller: We reserve the right to cancel the order or a part of it in these cases:

 

     4.2.1. The product has been discontinued

 

     4.2.2. The price has significantly changed (external influences of the financial sector, subcontracting relationships, etc.)

 

 

In the case, the situation happens, we shall inform you immediately by e-mail or phone to agree on the next approach (refund, cancellation of the order, etc.).

 

5. Contract Cancellation – returning the goods
 

 

 

We adhere to the principle of "money back guarantee", which should increase your confidence in online shopping.

If you received the product that does not satisfy you, you have the right to return the product and receive a refund provided by the conditions below.

 

5.1. The Buyer acknowledges that according to § 53 paragraph. 8 of the Act no. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code") inter alia, cannot withdraw for the supply of goods that were made with the wishes of the Buyer, if the Buyer destroyed their original packaging.

 

5.2. If this is not a case under Art. OR 5.1 or other case where you cannot withdraw, the Buyer in accordance with the provisions of § 53 par. 7 of the Civil Code has the right to withdraw within fourteen (14) days. The Seller must receive the withdrawal from a contract by no later than fourteen (14) days. The withdrawal from a contract can be sent, inter alia, to the Seller’s place of the business or to the Seller’s email address. 

 

5.3. In the case of the withdrawal from a contract under the Art. 5.2 Of the terms and conditions, the Agreement cancels from the beginning. The goods must be returned to the Seller within five (five) working days from dispatch of the withdrawal. The goods must be returned to the Seller well packed, undamaged and unworn, able to be resold and, if it is possible, in the original packaging. The copy snippet of the COD or parcel bill must be inserted. Only money for goods paid by customer are returned, not from the postage and packaging. The goods must be sent to the address Apneaman Ltd.  Bubenské nábřeží 306/13, Pražská tržnice, hall 16, ZIP 170 00, Prague 7. The goods must be only sent as regular parcel. Return by COD is not accepted!

 

5.4. Within fifteen (15) days from the returning of the goods by the Buyer under Article 5.3. of the terms and conditions the Seller is entitled to examine the returned goods, in particular, with a view to detecting whether the returned goods are not damaged, worn or partially used.

 

5.5. In the case of the withdrawal from a contract under the Art. 5.2. of the Terms and conditions, the Seller will refund, the Buyer within ten (10) days from the expiration of the examination of the goods under the Art. 5.4. of the Terms and conditions, but no later than thirty (30) days from the receipt of the Buyer’s withdrawal from the, and will transfer money to the Buyer’s back account. The Seller is entitled to refund the Buyer at the time of returning goods.

 

5.6. The Buyer acknowledges that if the returned goods will be damaged, worn or partially used, the Seller becomes entitled to seek compensation for damage. The seller is entitled to count the compensation for damage in the purchased price.

 

5.7. Until the receipt of the goods, the Seller may at any time withdraw from the contract. In this case, the Seller refunds the Buyer without undue delay, the money is paid to the Buyer’s bank account. 

 

5.8. If together with the goods the Buyer provides a gift to the Buyer, the Gift Agreement between Buyer and Seller is concluded with the cancellation clause that if the customer withdraws from the contract, the Gift Agreement shall cease to apply and the Buyer is obliged to return provided gift along with the goods.

 

6. Delivery conditions 

 

6.1. The place of performance is the seat of company / residence / or Buyer’s place of business written in the order form, unless it’s indicated otherwise by the Buyer. In the case the mode of transport is colluded pursuant to the Buyer’s request, the Buyer carries the risk and also additional costs associated with this mode of transport. The purchase price is payable against the receipt of the parcel. In the case of parcels the Buyer will pay these costs the same way as he/she paid for the goods. Personal collection at the place of business freedivingshop.cz or handover to the first carrier for transport are also considered as the supply of the goods. Ownership rights shall be pass to the Buyer at the date of payment.

 

6.2. If the Seller under the purchase contract must deliver the goods to a place specified by the Buyer in the purchase order, the Buyer is obliged to take over the delivery. If the Buyer does not take over the delivery, the Seller is entitled to charge a storage fee of CZK 30 (thirty Czech crowns) per day or the Seller is entitled to withdraw from the contract.

 

6.3. In the case, the goods need to be deliver repeatedly or in any other way of shipment than it was written in the order, the Buyer is obliged to pay the costs associated with the repeated delivery or with the other delivery method.

 

6.4. If in one parcel multiple orders are combined (e.g. reorder) the price can be aggregated, respectively the shipping costs will be charged only for one of the orders.

 

6.5. The seller delivers the goods in the shortest possible time after receipt of the payment including the packaging and shipping costs (goods in stock are sent within two days, otherwise usually within five working days) after receipt of a valid order in his electronic mailbox, respectively. After the authorization (Art. II. Sec. 2) or in the case of using a bank transfer order (see. below). Due to the nature of certain goods, delivery time may be up to 7 weeks, for example monofin or a tailored suit.

 

6.6. We reserve the right to extend the delivery period in case of the unforeseen events. The customer is informed immediately about the extended delivery period. If the Seller fails to deliver the goods, the Buyer is entitled to withdraw from the contract.

 

6.7. The goods will be delivered in the ordinary paper or other conventional packaging, if it is not clear from its nature or arrangement of participant’s special requirements.

 

6.8. When receiving the goods, the Buyer is obliged to check the integrity of the packaging, and in the case of any defects, he/she immediately notifies the carrier. In case of finding a packaging damage indicative of unauthorized intrusion into parcel, the Buyer may not take the parcel from the carrier. By signing the delivery note the Buyer confirms that the packaging of the parcel were not damaged.

 

6.9. Other rights and obligations of the parties in the transport of goods in terms of specific conditions of delivery can be arranged with the seller.

 

7. Liability for defects, guarantee

  

7.1. The rights and obligations of the parties regarding the liability of the seller for detects, including the guaranteed liability, are governed by the legislation (in particular the provisions of § 612 et seq. Of the Civil Code).

 

7.2. The Seller is responsible for the sold item and that this item conforms to the Agreement, and that it is from defects. Conform with the Agreement means that the sold item has the quality and properties required by the Agreement, the Seller, manufacturer or its representative or on the basis of their ads, or the quality and possess properties that are of the same kind meets the requirements of legislation, it is in the correct quality, measure or weight and corresponds to the purpose that the Seller claims or for that matter the item is used.

 

7.3. In the case that the Buyer received the item that is not in conformity with the Agreement (hereinafter referred to as "conflict with the Agreement"), the Buyer has the right to get the refund in accordance with the Agreement free of charge and without undue delay, by exchanging or repairing the item. If it is not possible, the Buyer may request a reasonable discount on the price or withdraw from the contract. This does not apply if the Buyer knew about the conflict with the contract or he/she has caused the conflict with the contract. The conflict with the contract which will take effect within six (6) months from the date of the receiving the good, is considered a contradiction existing in its receiving, if it is not against the nature of the thing or if it is proven otherwise.

 

7.4. If it is not the case of the used goods, the Seller is responsible for the defects that become apparent as the conflict with the contract after the item’s receipt within the guarantee period (guarantee).

 

7.5. The Buyer’s rights arising from the Seller’s liability for defects, including the guaranteed liability, the Buyer applies at the Seller establishment. The moment of complaints application is considered as a moment when the Seller receives the contested goods from the buyer.

 

7.6. Other rights and obligations of the parties related to the Seller’s liability for defects governs the Complaints Regulations.

 

8. Discounts
 

Discounts can be credited to the regular customers or on the large volumes purchased. Discounts could be also provided in various sales and marketing events. These discounts will be published on the Seller’s website.

 

9. Pricing information, delivery info and the terms of payment 

 

9.1. The retail prices (MOC) are valid for the shop. The Internet prices are only valid for orders made through the online store.

 

9.2. The price of goods and any costs associated with the delivery under the purchase contract the buyer can pay the seller in the following ways:

 

     9.2.1. By cash at the place of the company Freedivingshop.cz

 

     9.2.2. By the credit card at the place of the company Freedivingshop.cz

 

     9.2.3. Pay for cash on delivery by cash at the place given by the Buyer in order

 

     9.2.4. Through a bank transfer – seller’s bank account: no.:1034325/2060 maintained by the company Citfin-Radlická 751/113E ZIP 158 00, Prague 5 /IBAN CZ9620600000000001034325/

 

 9.3. Delivery – there are two possible ways of delivering the goods at the moment

 

     9.3.1. Czech Post Commercial Parcel

 

     9.3.2. PPL Corporation – Professional parcel logistic

 

Czech Post - Commercial Parcel

 

Commercial package is a service provided by the Czech Post. You selected goods is delivered directly to the address written in an order. If you will not be reached, you will be able to pic-up the delivery at the nearest post office at any time during the working hours. The parcel will be delivered within 24 hours.

 

PPL - Personal delivery at the client’s address with a pre-announced SMS messages with the delivery time. The parcel will be delivered within 24 hours.

 

9.4. Shipping costs are based on the package weight and dimensions and location. We reserve the rights to change the shipping rates which are based on the current price list of transport companies, usually updated every year on 1st of January.

 

 

We do not charge any packaging costs!

 

 

9.5.1. Along with the purchase price, the Buyer shall pay the costs of packaging and delivery. Unless expressly stated otherwise, the purchase price includes the delivery costs.

 

9.5.2. In the case of payment in cash or payment on delivery, the purchase price is payable when you receive the goods. In the case of direct debit, the purchase price is payable within five (5) days from the Agreement.

 

9.5.3. In the case of direct debit, the Buyer is obliged to pay the purchase price together with the variable symbol of the payment. In the case of direct debit, the Buyer’s commitment is fulfilled when the Seller receives the payment.

 

9.5.4. The Seller is entitled to demand payment of the purchase before shipping the goods to the Buyer, especially if the Buyer does not provide an additional confirmation of the order.

 

9.5.5. Any discounts provided by the Seller cannot be combined.

 

9.5.6. If it is ordinary in course of trade or if it is defined by generally legal regulations, the Seller issues a tax document – invoice to the Buyer Seller is a payer of value added tax. The Seller issues regarding the payment made under the Agreement. The seller issues a tax document – invoice to the buyer after the payment and send it to the Buyer’s email address.

 

10. Other rights and obligations of the parties 

 

10.1. The Buyer acquires ownership of the goods by paying the entire purchase price.

 

10.2. The Buyer acknowledges that the software and the other content of the web interface (including pictures of the offered goods) are protected by copyright. The Buyer agrees not to engage in any activity that could allow his/her or third persons to unlawfully interfere with the software or use the software or any content of the web interface.

 

10.3. The Buyer is not entitled to use the web interface to use mechanisms, software or other activities that could have a negative effect on the operation of the web interface. Web interface can be used only to the extent that does not compromise the other customers and it is in accordance with its purpose.

 

10.4. The Seller is not in relation to the Buyer bound by code of conduct within the meaning of § 53a paragraph. 1 of the Civil Code.

 

10.5. The Buyer acknowledges that the Seller shall not be responsible for errors to the website caused by interference of third parties or arising from the not intended usage of the website.

 

11. The protection of individuals and commercial messaging
 

11.1. The protection of individuals who is a natural person is provided by Act no. 101/2000 Coll., about the protection of personal data, as subsequently amended. Freedivingshop.cz processes personal data in accordance with the above mentioned Act, in the marketing database company, fully respecting the duties of the trustee under the provisions of § 5. Processed data are fully protected by functional internal system data protection (set of internal organizational and technical measures). During your use of the e-shop, your orders are collected, this is necessary to ensure the supply of goods, handling of complaints and the like. The data are stored in a secure database and they are not provided to the third parties.

 

11.2. The Buyer agrees with the processing of his/her personal data: full name, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal information").

 

11.3. The Buyer agrees with the processing of his/her personal data, for the purpose of the realization of rights and obligations under the Agreement, for the purpose of maintaining user account and for sending commercial messages and information.

 

11.4. The Buyer acknowledges that he/she is obligated to fill in his/her personal data correctly and truthfully and without undue delay inform the Seller about their changes.

 

11.5. The Seller may appoint a third party for the processing of the Buyer’s personal data. Beside the persons transporting the goods the personal data will not be passed to third parties without the Buyer’s prior consent.

 

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

 

11.7. The Buyer confirms that the given personal data are accurate and that he/she was informed that providing of the data is voluntary.

 

11.8. In the case the Buyer thought the Seller or the third party processing the data (Art. 9.5) perform the processing of his/her personal data contrary to the protection provided by the law, especially if the personal data are inaccurate to the purpose of their processing, can:

 

     11.8.1. Ask the for an explanation

 

     11.8.2. Require to remove this situation. This may include of blocking, correction, supplementing or liquidation of personal data. If the Buyer's request under the preceding sentence is found justified, the Seller or the third party remove the error immediately. If the Seller or the third party do not comply with the request, the Buyer has the right to approach directly the Office for Personal Data Protection. This provision shall not affect the buyer's permission to approach the Office for Personal Data Protection.

 

11.9. If the Buyer requests the information about the processing of his/her personal data, the Seller must provide this information. The Seller has the right for providing the information pursuant to the previous sentence to require reasonable compensation not exceeding the costs of providing this necessary information.

 

12. Sending commercial messages and cookies storage
 

12.1. The Buyer agrees to receive information related to goods, services or the Seller’s company via email and also agrees to receive commercial communications.

 

12.2. The Buyer agrees with the storage of the cookies. If the purchase can be made on the website and fulfill the commitments under the Agreement, without the storage of the cookies, the Buyer may withdraw the approval under the previous sentence.

 

13. Delivery

 

13.1. Unless otherwise agreed, all correspondence related to the Agreement must be sent to the Party in writing, by electronic mail, in person or by post (selected by the sender). The correspondence is delivered to the Buyer’s email address specified in his/her user account.

 

14. Final provisions
 

14.1. If a relationship related to use of the website or legal relationship of the Agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.

 

14.2. If any provision of the terms and conditions is invalid or ineffective, or it becomes instead of the valid provision a provision which meaning is closest to the invalid provision. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments or additions to the Agreement or terms and conditions require written form.

 

14.3 The Agreement including the terms and conditions is archived by the Seller in electronic form and it is not accessible.

 

14.4. The Seller’s contact details: Address, Email address, phone number:

 

With effect from 1 February 2011
  

 

 

________________________________________

 

ONLINE STORE WEBSITE OPERATOR

www.apneamanshop.cz

APNEAMAN, Ltd.

Bubenské nábřeží 13 (Pražská tržnice, hall no. 16)

170 00, Prague 7 - Holešovice

C.R.No.: 27866441

TIN: CZ27866441

Phone/fax: +420 222 362 559

martin@apneaman.cz

www.apneamanshop.cz

________________________________________

 

 

These terms and conditions apply in the version set out on the Seller’s website on the day of sending electronic orders at that time if the parties did not agreed otherwise.

 

By sending electronic order the Buyer accepts all the provisions and conditions in force on the date of sending order, as well as on the day of sending the price of ordered goods (including any consignment services and transportation costs) mentioned in the price list on the website, if it is not agreed otherwise.

 

Sent order (by Agreement’s draft) the Buyer is bound for the period specified for delivery of the goods.

 

Data Protection – We respect your privacy
 

Your personal data are confidential and they are not given to any subjects except partners providing payments, which may be e.g. Banks, Credit Card Company or the like.

 

Apneamanshop.cz provides statistical information about costumers, visit rate, sales and other related data to credible third parties, but this data do not contain any information that would allow the identification of individual customers.

 

 Apneamanshop.cz: Thank you for your interest in our services. We really appreciate it.

 

In Prague on 2 November 2016

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