Workwear Bartos

Business terms and conditions

The Martin Bartoš trading company, with registered offices at U Stadionu 922, 271 01 Nové Strašecí, Company ID No.: 44969881, registered in the Trade Register kept at the Municipal Office of Rakovník, file No. ŽÚ / 3033/2014, for the sale of product through an online shop located at the internet address www.workwearbartos.co.uk

1. INTRODUCTORY PROVISIONS

1.1. These business terms & conditions (hereinafter referred to as the “terms & conditions”) of the Martin Bartoš company with registered offices at U Stadionu 922, 271 01 Nové Strašecí, company ID No.: 44969881, registered in the Trade Register kept by the Municipal Office of Rakovník, file No. ŽÚ/3033/2014 (hereinafter referred to as the “seller”) in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “civil code”) govern the mutual rights and obligations of the parties arising out of or in connection with the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “purchaser”) through the seller’s internet store. The online store is operated by the seller on a web site located at the Internet address www.workwearbartos.co.uk (hereinafter referred to as the “web site”), through the web page interface (hereinafter referred to as the “web interface of the business”).
1.2. The terms & conditions do not apply to cases where a person intending to buy the product from the seller is a legal person or person who acts when ordering a product in the course of his business or in the course of his profession. These cases are covered by the provisions of Act No. 89/2012, Coll.
1.3. Provisions differing from the terms & conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. terms & conditions form an integral part of the sales contract. The purchase contract and the terms & conditions are prepared in the English language. The purchase contract may be concluded in the English language.
1.5. The seller may change or add to the wording of the terms & conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms & conditions.

2. USER ACCOUNT

2.1. On the basis of purchaser registration made through the website, purchasers may access their user interface. From their user interface, the purchaser can perform the ordering of products (hereinafter referred to as the “user account”). If the store web interface allows it, the purchaser may also order products without registration directly from the web interface of the store.
2.2. When registering through the web page and ordering products, the purchaser is obligated to indicate correctly and truthfully all data. The purchaser is obligated to update details given in the user account upon any change. Data provided by the purchaser in the user account and when ordering the products is considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. The purchaser is required to maintain confidentiality regarding the information necessary to access their user account.
2.4. The purchaser is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel a user account, especially if the purchaser does not use his user account for more than 24 months, or if the purchaser breaches his obligations under the purchase contract (including the terms & conditions).
2.6. The purchaser bears in mind that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the seller, and due to maintenance of hardware and software from third parties.

3. CONCLUDING A PURCHASE CONTRACT

3.1. All presentations of the products placed in the web interface of the store are informative, and the seller is not obliged to conclude a purchase contract for these products. Provision § 1732 paragraph 2 of the Civil Code does not apply.
3.2. The web interface of the store contains information about the products, including the indication of the prices of the individual products and the costs of returning the products if these products cannot be returned by their normal postal route. Product prices are quoted including value added tax and all related fees. Prices 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 for individually negotiated terms.
3.3. The store’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 the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the United Kingdom.
3.4. To order the goods, the purchaser completes the order form in the web interface of the store. In particular, the order form contains information about:
  • 3.4.1. ordered goods (the ordered products are “placed” by the purchaser 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 products, details of the required delivery method of the ordered products, and
  • 3.4.3. information on the costs associated with the supply of the products (collectively referred to as “the order”).
3.5. Before sending the order to the seller, it is possible for the purchaser to check and modify the data entered by the purchaser in the order, even with regard to the purchaser’s ability to identify and correct the errors that may have occurred when entering the data into the order. The order is sent by the purchaser to the seller by clicking the “FINISH ORDER” button. The data listed in the order is considered to be correct by the seller. The seller will acknowledge receipt immediately upon receipt of the order by e-mail to purchaser’s e-mail address specified in the user account or in the order itself. (hereinafter referred to as “the electronic address of the purchaser”).
3.6. The seller is always entitled to ask the purchaser for an additional order confirmation (for example, in writing or by telephone, depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the purchaser arises from the delivery of the order (acceptance), which is sent to the purchaser via e-mail to the purchaser’s e-mail address.
3.8. The purchaser agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the purchaser when using remote means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the purchaser himself, which do not differ from the basic rates.

4. PRODUCT PRICES AND PAYMENT TERMS & CONDITIONS

4.1. The price for the products and any eventual costs associated with the delivery of the products under the purchase contract may be paid by any of the following methods:
  • cashless payment via the payment system GoPay;
  • cashless payment via credit/debit card;
4.2. Together with the purchase price, the purchaser is also required to pay the seller the costs associated with the packaging and delivery of the products, at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the products are further understood.
4.3. The purchase price is payable within 10 days of concluding the purchase contract.
4.4. In the case of non-cash payments, the purchaser is required to pay the purchase price of the products, together with the variable payment symbol. In the case of a non-cash payment, the purchaser’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
4.5. The seller is entitled to claim the full purchase price before the products are dispatched to the purchaser. Provisions § 2119 para. 1 of the Civil Code does not apply.
4.6. Any discounts on the price of the products provided by the seller to the purchaser cannot be combined.
4.7. If it is customary in the course of trade, or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser, and handed over to the purchaser at the same time as the purchased products.
4.8. Under the Sales Records Act, the seller is required to issue a receipt to the purchaser. At the same time, he is required to register the received revenue with the tax administrator online; or in the event of a technical failure, within 48 hours at the latest.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

5.1. The purchaser bears in minds that, under § 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a purchase contract for the supply of products which have been adjusted or altered according to the purchaser’s wishes or for himself personally.
5.2. If this doesn’t concern a case as referred to in Art. 5.1 of the terms & conditions, or another case where it is not possible to withdraw from the purchase contract, the purchaser has the right to withdraw from the purchase contract in accordance with § 1829 (1) of the Civil Code within 14 (fourteen) days of receipt of the products, where, in the case of several types of products or the delivery of several parts, from the date of receipt of the last delivery of the products. The notice of withdrawal from the purchase contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the purchaser may use the Returns/Complaint Letter form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be made by the purchaser, inter alia, to the address of the seller’s premises, or to the seller’s e-mail address info@workwearbartos.co.uk.
5.3. In the event of withdrawal from the purchase contract in accordance with Art. 5.2 of the terms & conditions, the purchase contract is cancelled from the very beginning. Products must be returned to the seller by the purchaser within fourteen (14) days of receipt of the notice of withdrawal from the purchase contract to the seller. If the purchaser withdraws from the purchase contract, the purchaser bears the cost of returning the goods to the seller, even if the goods cannot be returned by their normal postal route.
5.4. In the event of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms & Conditions, the Seller shall refund the goods for goods + the cost of delivering the goods corresponding to the cheapest offered method of delivery of goods, received by the Purchaser, within 14 (fourteen) days of withdrawal from the Purchase Contract by the Purchaser, in the form of a cashless bank transfer to the Purchaser’s account on the withdrawal form (in the Complaint form). The cost of delivering the goods is returned only when the contract is withdrawn, i.e. if all items are returned within a single order. The Seller is also entitled to return the performance provided by the Purchaser upon returning the goods to the Purchaser or otherwise, provided that the Purchaser agrees with such, without incurring additional costs to the Purchaser. If the Purchaser withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Purchaser before the Purchaser returns the goods, or shows that the goods have been dispatched to the Seller.
5.5. The seller is entitled to indemnify unilaterally against the purchaser’s claim for repayment of the purchase price.
5.6. In cases where the purchaser has the right to withdraw from the purchase contract in accordance with the provisions of §1829 para. 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the purchaser takes over the goods. In such a case, the seller shall return the purchase price to the purchaser without undue delay, by credit card, to the purchaser’s account.
5.7. If a gift is provided to the purchaser together with the products, the gift agreement between the seller and the purchaser is concluded with the condition that if the purchaser withdraws from the purchase contract, the gift agreement is lost, and the purchaser is obliged to return the products together with the seller provided gift.

6. TRANSPORT AND DELIVERY OF PRODUCTS

6.1. If the mode of transport is agreed upon according to a purchaser's special request, the purchaser bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged, according to the purchase contract, to deliver the goods in the place specified by the purchaser, the purchaser is obliged to take delivery of the products.
6.3. If, for reasons of the purchaser’s necessity, the products must be delivered repeatedly or in a manner other than that stated in the order, the purchaser is obliged to pay the costs associated with the repeated delivery of the products, respectively, costs associated with another delivery method.
6.4. Upon receipt of the products from the transport company, the purchaser is obliged to check the integrity and condition of the packaging of the products and, in the event of any defects, to notify the transport company without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the purchaser does not need to take over the consignment from the transport company.
6.5. Other rights and obligations of the parties in the transport of products may be altered by the seller’s special delivery terms & conditions, if and when such are issued by the seller.

7. RIGHTS OF FAULTY FULFILLMENT

7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular, the provisions of § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of the Civil Code and Consumer Protection Act No. 634/1992 Coll., as amended).
7.2. The seller is responsible to the purchaser for the goods to be free from defects. In particular, the seller is responsible to the purchaser that at the time the purchaser took over the goods:
  • 7.2.1. the goods have properties that the parties have negotiated and, if the arrangement is lacking, has properties that the seller or the manufacturer has described or which the purchaser expects with regard to the nature of the goods and the advertising provided by them,
  • 7.2.2. the products are suitable for or are fit the purpose for which the seller indicates, or for which products of this type are usually used,
  • 7.2.3. the products correspond to the quality or performance of the agreed sample or original, if the quality or design was determined according to an agreed sample or original,
  • 7.2.4. the products are in the appropriate quantity, degree, or weight, and
  • 7.2.5. the products comply with legal requirements.
7.3. Provisions shown in Art. 7.2. of the terms & conditions shall not apply to products sold at a lower price due to any defect for which the lower price has been agreed for wear and tear of the products caused by its normal use, for used products, for a defect corresponding to the degree of use or wear which the products had at the time of takeover by the purchaser, or arising from the nature of the products.
7.4. If a defect is evident within six months of the takeover, the products are deemed to have been defective already at takeover. The purchaser is entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of the takeover.
7.5. Rights relating to defective performance are claimed by the purchaser at the seller’s address at his premises.
7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaints rules.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The purchaser acquires ownership of the products by and upon payment of the full purchase price of the products.
8.2. The seller is not bound by any codes of conduct in relation to the purchaser in the sense of § 1826 para. 1 point e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the electronic address info@workwearbartos.co.uk. Information on the process of the purchaser’s complaint shall be sent by the seller to the purchaser’s electronic address.
8.4. The out-of-court settlement of consumer disputes in the purchase contract is the responsibility of the Czech Trade Inspection, with registered offices at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs. The Online Dispute Resolution Platform found at the Internet address http://ec.europa.eu/consumers/can be used to solve purchase contract disputes arising between the purchaser and the seller.
8.5. The European Consumer Centre of the Czech Republic, with its registered offices at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 on the resolution of consumer disputes online, and amending Regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (on Consumer Dispute Resolution).
8.6. The seller is authorized to sell the goods on the basis of a trade license. The trade license 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 exercises, to a limited extent, inter alia, the supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The purchaser hereby takes on the risk of changing circumstances in accordance with § 1765 para. 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. Article 13 of Regulation (EC) No. 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data. and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of the purchaser’s personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiations on this contract, and for the fulfilment of the public obligations of the seller, is met by the seller through a special document.

10. SENDING BUSINESS COMMUNICATIONS AND THE STORAGE OF COOKIES

10.1. The purchaser agrees, within the meaning of § 7 para. 2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, by sending commercial communications by the seller to an electronic address or to the purchaser’s telephone number. The information obligation towards the purchaser within the meaning of Article 13 of the GDPR Regulation relating to the processing of the purchaser’s personal data for the purpose of sending commercial communications is met by the seller through a separate document.
10.2. The purchaser agrees with the storage so-called “cookies” on his computer. If the purchase on the website is possible, and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being deposited on the purchaser’s computer, the purchaser may withdraw the consent given under the previous sentence at any time.

11. DELIVERY

11.1. Deliveries for the purchaser may be delivered to the purchaser’ electronic address.

12. CLOSING PROVISIONS

12.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the rights under the previous sentence, a purchaser who is a consumer is not deprived of the protection afforded to him by provisions of the legal order from which he cannot be contracted, and which would otherwise apply in the absence of choice of law under Article 6 para. 1 (EC) No. 593/2008 of 17th June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any clause(s)/provision(s) of the terms & conditions is or becomes invalid or ineffective, or if it should happen, instead of the invalid clauses, a clause will be introduced to the extent that the purpose of the invalid clause is covered as closely as possible. The invalidity or ineffectiveness of one clause is without prejudice to the validity of the other clauses.
12.3. The purchase contract, including the terms & conditions, is archived by the seller in electronic form, and is not accessible.
12.4. An annex to the terms & conditions is a template for withdrawal from the purchase contract (Complaint letter).
12.5. Contact details of the seller: delivery address: Packeta International – Huxloe Logistics Ltd, ID 971 67 612, Unit 3 Henson Way, Telford Way Ind Est., Kettering, NN16 8PX, e-mail address info@workwearbartos.co.uk, telephone + 420 604 430 528 (communication only in Czech).

In Nové Strašecí, on this day 24.7.2018

Annexes: Returns/Complaint Letter