Customer Information
List of articles
GENERAL TERMS AND CONDITIONS
(hereinafter the “Terms”)
These General Terms and Conditions (the “Terms”) of:
registered office: Dolce 130, Přeštice 334 01
(“we” or the “Seller”)
govern, pursuant to Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (the “Civil Code”), the mutual rights and obligations of you as buyers and us as the seller arising in connection with or on the basis of a purchase contract (the “Contract”) concluded via the online shop on the website www.spell-ward.com.
All information about the processing of your personal data is contained in our Privacy Policy, which you can find here: GDPR Personal Data Protection – Spell Ward.
The provisions of these Terms form an integral part of the Contract. The Contract and the Terms are drawn up in the Czech language. We may unilaterally amend or supplement these Terms. This does not affect rights and obligations arising during the validity of the previous version of the Terms.
As you know, we primarily communicate remotely. Therefore, for our Contract, means of distance communication are used, enabling us to agree without our simultaneous physical presence, and the Contract is concluded remotely within the e-shop environment via the website interface (the “e-shop web interface”).
If any part of the Terms conflicts with what we jointly agreed during your purchase process on our e-shop, that specific agreement shall take precedence over the Terms.
1. SOME DEFINITIONS
2. GENERAL PROVISIONS AND INFORMATION
- 2.1. Goods can only be purchased via the e-shop web interface.
- 2.2. When purchasing Goods, you must provide us with true and correct information; we consider the data provided in the Order to be correct.
- 2.3. Product reviews: we ensure authenticity by linking reviews to specific orders (we can see the order ID in our internal system).
3. CONCLUSION OF THE CONTRACT
3.1. A Contract with us may be concluded only in the Czech language.
3.2. The Contract is concluded remotely via the e-shop; you bear the costs of remote communication (none beyond the Total price).
3.3. To conclude the Contract, create an Order on the e-shop including the following:
- a) Information about the Goods (use the “Add to cart” button, etc.).
- b) Information about the Price, Shipping price, method of payment of the Total price, and the desired delivery method; these are entered during Order creation. The Price, Shipping price and Total price are filled in automatically based on your chosen Goods, delivery and payment.
- c) Your identification and contact details to allow delivery of the Goods, i.e. name, surname, delivery address, phone number and e-mail address.
3.4. You may change and check the data until completion of the Order; by clicking “Order with obligation to pay” you complete the Order and agree to the Terms.
3.5. We will confirm your Order by e-mail to the address provided. The confirmation includes an Order summary and these Terms as an attachment. The Terms in the version effective on the Order date form an integral part of the Contract. Upon sending the confirmation, the Contract is concluded.
3.6. There may be cases where we cannot confirm the Order (e.g. Goods unavailable or quantity limits). We will contact you and send an offer to conclude a modified Contract. The Contract is then concluded when you accept our offer.
3.7. If an obviously incorrect Price is stated, we are not obliged to deliver the Goods at that Price even if you received an Order confirmation. We will contact you and offer a new Contract. An obvious error includes, for example, a Price not corresponding to the usual market price or a missing/extra digit.
3.8. Upon conclusion of the Contract, you are obliged to pay the Total price.
3.9. If you have a User account, you can place an Order through it. You must still check the accuracy and completeness of the pre-filled data.
3.10. Discounts may be applied under the given conditions (enter the code in the designated field and be logged into your User account).
4. USER ACCOUNT
- 4.1. Registration grants access to your User account.
- 4.2. Provide truthful data and keep it up to date.
- 4.3. The account is protected by a username and password; do not disclose these.
- 4.4. The account is personal; do not allow third parties to use it.
- 4.5. We may cancel the account (inactivity > 2 years or breach of obligations).
- 4.6. Continuous availability is not guaranteed (maintenance).
5. PRICE AND PAYMENT TERMS, RETENTION OF TITLE
5.1. The Price is stated in the e-shop, in the Order and in the Contract (the decisive Price is the one in the Order proposal). The Shipping price and conditions for free shipping are also stated.
5.2. The Total price includes VAT and all statutory fees.
5.3. The Total price is payable before the Goods are handed over, by:
- a) Bank transfer (due within 14 days; payment details in the Order confirmation).
- b) Card online (GoPay, gopay.com; due within 6 days).
- c) Cash upon personal pickup (payment upon receipt at our premises).
5.4. The Invoice will be issued electronically after payment and sent to your e-mail; it will also be enclosed with the Goods and available in the User account.
5.5. Title to the Goods passes to you only after payment of the Total price and receipt of the Goods.
6. DELIVERY OF GOODS, PASSING OF RISK
6.1. Delivery methods:
- a) Personal pickup by arrangement in Pilsen, Pilsen Region Czech Republic.
- b) Delivery via DPD, GLS
6.2. Delivery within the Czech Republic, Belgium, Bulgaria, Luxembourg, Germany, the Netherlands, Austria, Slovenia, Spain, XXXXXXXXXX.
6.3. Delivery time depends on availability and the chosen delivery and payment method; we will inform you in the Order confirmation (indicative).
6.4. After receiving the Goods from the carrier, check the integrity of the packaging; in case of defects, inform the carrier and us immediately. If the packaging shows signs of tampering, you are not obliged to accept the Goods.
6.5. If you fail to accept the Goods (except under 6.4), this does not constitute a breach of our obligation to deliver. We may withdraw from the Contract due to your material breach or store the Goods (for a fee).
6.6. If, due to reasons on your side, the Goods are delivered repeatedly or by a method different from that agreed, you must reimburse the additional delivery costs (due within 14 days).
6.7. The risk of damage to the Goods passes to you upon receipt. If you do not accept the Goods (except under 6.4), the risk passes when you had the opportunity to accept them but did not for reasons on your side.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. At the time the risk of damage passes under 6.7, the Goods are free of defects, in particular the Goods:
- a) correspond to the agreed description, type, quantity, quality, functionality, compatibility, interoperability and other agreed properties,
- b) are suitable for the purpose you require and that we agreed to,
- c) are delivered with the agreed accessories and instructions, including manuals for assembly or installation,
- d) are suitable for the purpose for which goods of this kind are usually used,
- e) by their quantity, quality and other properties, including durability, functionality, compatibility and safety, correspond to the usual properties you can reasonably expect, including with regard to public statements made by us or another person in the same contractual chain, especially in advertising or labelling,
- f) are delivered with accessories, including packaging – “assembly manuals, product manuals and other instructions that you can reasonably expect are available for download with specific products on our website www.spell-ward.com under the Related files tab”,
- g) correspond in quality or workmanship to a sample or template provided before conclusion of the Contract.
7.2. The rights and obligations are governed in particular by Sections 2099–2117 and 2161–2174b of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.3. If the Goods have a defect, notify us and exercise your rights from defective performance (i.e. make a complaint) by e-mail/letter to our contact addresses, or in person at Dolce 130, 33401 Přeštice. You may also use our sample form (Annex No. 1). You must choose how you want the defect resolved; you cannot change your choice later without our consent.
7.4. If the Goods are defective, you have the right to: a) remedy by delivery of new Goods without defects or delivery of the missing part; or b) remedy by repair, unless impossible or disproportionately costly compared to the other remedy (assessed with regard to the significance of the defect, the value the Goods would have without the defect, and whether the defect can be remedied by the other method without significant inconvenience to you).
7.5. We may refuse to remedy the defect if it is impossible or disproportionately costly, in particular considering the significance of the defect and the value the Goods would have without the defect.
7.6. You also have the right to: a) a reasonable discount on the Price; or b) withdraw from the Contract, if: we refuse to remedy or fail to remedy in accordance with the law; the defect recurs; the defect constitutes a material breach of the Contract; or it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
7.7. You are not entitled to withdraw from the Contract if the defect is insignificant.
7.8. You are not entitled to rights from defective performance if you caused the defect yourself.
7.9. Normal wear and tear is not considered a defect.
7.10. When you make a complaint, we will issue written confirmation stating: (a) the date you made the complaint; (b) the content of the complaint; (c) the requested method of handling; and (d) your contact details for notification.
7.11. Unless we agree otherwise, we will remedy defects and inform you about handling within 30 days of receiving the complaint; if not, you may withdraw from the Contract or request a reasonable discount.
7.12. We will inform you by e-mail about the handling and issue confirmation of the date and method of handling. If the complaint is justified, you are entitled to reimbursement of reasonable costs (provide receipts/transport proofs). If the defect is remedied by replacement, you must return the original Goods; we bear the return costs.
7.13. If you are a business customer, you must notify and specify the defect without undue delay after you could have detected it, but no later than three days after receipt of the Goods.
7.14. If you are a consumer, you may exercise rights for defects that occur in consumer Goods within 24 months of receipt.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal (termination from the outset) may occur for the reasons and in the manner set out in this article or other provisions expressly allowing withdrawal.
8.2. If you are a consumer (purchasing outside your business), you have the right under Section 1829 of the Civil Code to withdraw within 14 days of concluding the Contract, or, in the case of a purchase of goods, within 14 days of receipt. If the Contract concerns several items or parts, the period runs from delivery of the last item/part; for regular, repeated deliveries, from the first delivery.
8.3. You may withdraw in any demonstrable manner (e-mail/letter); you may use our sample form (Annex No. 2).
8.4. You may not withdraw in the cases under Section 1837 of the Civil Code.
8.5. The withdrawal period is observed if you send notice of withdrawal within the period.
8.6. Send the Goods back to us within 14 days; you bear the return costs (with exceptions as stated). We refund the delivery charge up to the amount of the cheapest offered delivery method.
8.7. The Price will be refunded within 14 days of the effective withdrawal to the account from which it was paid, or as specified in the withdrawal; however, not before we receive the Goods or you prove dispatch back to us. Please return the Goods clean, preferably in the original packaging.
8.8. You are liable for any diminished value of the Goods resulting from handling beyond what is necessary to familiarise yourself with the nature and functionality; we may set off such claim against your refund.
8.9. We may withdraw before delivery if there are objective reasons preventing delivery (especially reasons on the part of third parties or due to the nature of the Goods) or if you provided intentionally incorrect information. If you purchase within your business, we may withdraw at any time, even without cause.
9. CONSUMER DISPUTE RESOLUTION
9.1. We are not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
9.2. Consumer complaints are handled via info@spell-ward.com.
9.3. The Czech Trade Inspection Authority (Česká obchodní inspekce), Štěpánská 567/15, 120 00 Prague 2, ID 00020869, www.coi.cz, is competent for out-of-court resolution of consumer disputes from the Contract. The ODR platform at ec.europa.eu/consumers/odr can be used for disputes from contracts concluded by electronic means.
9.4. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, www.evropskyspotrebitel.cz, is the contact point under Regulation (EU) No 524/2013.
10. FINAL PROVISIONS
10.1. If our legal relationship contains an international element (e.g., shipping outside the Czech Republic), it shall always be governed by Czech law. If you are a consumer, your statutory rights are not affected.
10.2. All written correspondence will be delivered by e-mail. Our e-mail address is stated above. We will deliver to the e-mail provided in the Contract, in your User account, or used to contact us.
10.3. The Contract may be amended only by our written agreement. We may change/supplement these Terms for future Contracts; already concluded Contracts are unaffected.
10.4. In the event of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not liable for damage caused in connection therewith; if force majeure lasts more than 10 days, both you and we may withdraw from the Contract.
10.5. Annexes: sample complaint form and sample withdrawal form.
10.6. The Contract including the Terms is archived electronically by us but is not accessible to you. You will always receive these Terms and the Order confirmation by e-mail—we recommend saving them.
