TERMS AND CONDITIONS Nastrom Xmas s.r.o.
1. Basic data
Supplier:
Nastrom Xmas s.r.o.
Jasenice 2081, 755 01 Vsetin - Czech Republic
Phone: +420 603 168 128
IR: 06340334
Steuernummer: CZ06340334
Bank details for CZ: Raiffeisenbank, a.s.
Account No .: 5024501857/5500
IBAN: CZ4355000000005024501857
SWIFT: RZBCCZP
EUR Bank Connection: Raiffeisenbank, a.s.
No: 5024501865/5500
IBAN: CZ2155000000005024501865
SWIFT: RZBCCZPP
File number: C71567 dated 10.08.2017 at the Regional Court in Ostrava
The supplier is a VAT payer.
Establishment:
Nastrom Xmas s.r.o.
Jasenice 2081, 755 01 Vsetin - Czech Republic
Contacts:
Phone: +420 603 168 128
E-mail: martinakova@nastrom.cz; ozdoby@nastrom.cz
Bank account number:
Bank details: Raiffeisenbank, a.s.
Account No.: 5024501857/5500
IBAN: CZ4355000000005024501857
SWIFT: RZBCCZP
2. Selection, ordering and payment of goods
The list of goods listed on the website www.nastrom.cz is a catalogue of commonly manufactured goods. The Seller does not guarantee the immediate availability of all items of goods, the availability of goods will always be confirmed based on demand and an indicative delivery date will be set. These terms and conditions apply to purchases in the e-shop www.nastrom.cz and other purchases based on orders concluded in the form of e-mail correspondence, phones or orders sent in writing at the above seller. Terms and conditions specify and specify the rights and obligations of the seller and its customers (ie buyers).
Selection of goods
Before ordering, the buyer carefully selects the goods, if everything is not clear or wants to know more, it is possible to inquire by phone or email at the above contacts.
Ordering goods
After selecting the goods, the buyer fills in an order form indicating the method of payment and delivery and sends the order. The sent order is a proposal to conclude a purchase contract and is also used for the reservation of goods. The buyer will receive the order confirmation from the seller immediately, which will make the order binding! The seller checks the availability of the goods according to the order and determines the probable date of delivery. It will notify the buyer by email.
Method of payment
The buyer chooses one of the options to pay the purchase price for the goods: by sending the purchase price in advance to the seller's account or by cash on delivery. Upon payment of the entire purchase price, the ownership rights to the goods pass to the buyer.
Cancel an order
Both the Buyer and the Seller may cancel the Buyer's order without giving a reason until the Seller confirms the order, or at the latest after notification of the probable delivery date of the goods. If the seller cancels the order, the reason why the order cannot be confirmed. The reason may be eg cancellation of production etc. The order can be cancelled later, but always upon prior agreement of the seller and the buyer and under conditions that they mutually agree.
3. Collection and acceptance of goods
The ordered goods will be delivered as soon as possible according to the seller's availability and operational possibilities. The goods will be delivered by personal collection at the Vsetín premises, by post or other carriers usually within 10 working days from the binding confirmation of the order. In exceptional cases, the delivery time may be longer in agreement with the buyer. The specific method of delivery is chosen by the buyer himself. For items tagged with an action, news, or sale title, the status is valid until stocks are sold out or revoked.
Shipping by shipping service
Transport to the specified address is provided by the seller in the Czech Republic. The cost of transporting goods varies according to the selected mode of transport. Goods are deemed delivered by delivery to the address specified in the Buyer's order.
Acceptance of goods
The buyer is obliged to take over the ordered goods and pay for them.
The buyer is obliged to inspect and inspect the goods immediately upon receipt in the presence of the carrier. In the event of damage to the goods, its breakage, it is necessary to make a record of damage to the consignment and have this fact confirmed by the carrier. The Seller does not provide compensation for damages caused by the carriage and the Buyer must claim damages for the carrier.
Please inform us about the damage caused by the transport service at the e-mail address expedice@nastrom.cz.
By signing the delivery note, the buyer agrees to accept the goods and confirms that they arrived undamaged. Later complaints due to transport cannot be taken into account and will be rejected.
4. Proof of purchase
The goods shipment contains an invoice - tax document.
5. Warranty
The Seller is liable for defects of the goods that arise after the Buyer accepts the goods within the warranty period of 24 months.
The warranty period begins on receipt of the goods by the buyer. The warranty does not cover normal wear and tear of the goods or parts thereof caused by use. In this case, the shorter product life cannot be considered as a defect and cannot be claimed as such.
Upon the Buyer's request, the Seller shall confirm to the Buyer, in writing, for how long and to what extent it bears its obligations arising from the defective performance provided by the Buyer. The Seller shall also state how the Buyer may assert the rights of defective performance with the Seller.
The Buyer may require the Seller in the event of defects that constitute a material breach of contract (regardless of their removability or non-removability):
- delivery of a new item without defect or delivery of the missing item
- repair of the defect by repair
- a reasonable discount on the purchase price
- refund of the purchase price after withdrawal.
A material breach of contract is deemed to be a breach of contract that the breaching party already knew or had to know at the time the contract was concluded would never have concluded the contract if the other party had foreseen such a defect.
The Buyer may require the Seller in the event of defects that constitute a minor breach of contract (regardless of their removability or non-removability):
- removal of the defect
- a reasonable discount on the purchase price.
If the removable defect occurs repeatedly after the repair of the goods (ie the third complaint of the same defect or the fourth complaint of a different defect) or if the goods have at least three defects at the same time, the buyer is entitled to apply the sealer to replace the goods or withdraw from the contract.
6. Complaints
If the customer finds a defect on the purchased product during the warranty period, which was not caused by its improper use, he has the right to claim the goods.
A defect for these purposes means, in particular, the situation when the goods delivered by the seller do not have agreed or generally expected properties, when the goods cannot be used for its agreed or usual purpose, the goods are incomplete or do not correspond to their quantity, or otherwise in any way does not comply with legal or agreed parameters.
Claim procedure
If the buyer wants to claim goods purchased in Nastrom Xmas s.r.o., he will send a complaint form to the seller address with the name of the goods, serial number, date of sale, store and description of the defect. Within two working days, the buyer will be informed about the further procedure of handling the complaint, the address of the service centre or the address where the buyer will send the claimed goods, and the form of the "Returned goods" form.
The claimed goods must be sent in the original or another suitable transport packaging because neither the seller nor the transport company is liable for any mechanical damage before receiving the goods back to the seller due to insufficient protective packaging of the goods.
Complaint handling
The seller or service centre assesses the justification of a claim for a defect in goods and, after assessment, notifies the buyer by e-mail, or in another manner chosen by the buyer, about the method of handling the claim. The buyer will then be asked to pick up the claimed goods. The deadline for settling the claim is thirty days.
7. Withdrawal from the contract
Buyer's right of withdrawal
The Buyer is entitled to withdraw from the contract if the Seller fails to meet the agreed conditions for the reasons stated above.
The buyer who does not buy the goods for commercial or business activity - the consumer has also the right to withdraw from the contract within 14 days from receipt of the goods. In this case, the buyer does not have to state the reasons that lead him to withdraw from the contract. The Seller shall return to the Buyer a financial amount corresponding to the price of the purchased goods and the costs incurred for their delivery within 14 days of withdrawal. The refund will be made using the same method that the seller has taken over from the buyer.
The right of withdrawal according to the preceding paragraph does not apply to buyers who purchased the goods in person at the seller's premises, regardless of whether they have booked the goods at www.nastrom.cz or not.
Procedure in case of withdrawal
Since the withdrawal from the contract is cancelled from the beginning, the seller returns or replaces the buyer and the buyer to the seller all received performance.
The buyer may withdraw from the contract by notifying the seller of the contract electronically to the e-mail adress ozdoby@nastrom.cz or through postal transport services or in writing at the seller's premises. When withdrawing it is necessary to state the order number, variable symbol, date of purchase and submit the original proof of purchase.
If the buyer has already received the goods, he will send the goods back to the seller's premises under the following conditions:
- the goods must be in appropriate packaging to prevent damage
- goods must not be used
- the goods must not be damaged
- the goods must be complete
The cost of returning the goods to the seller is borne by the buyer.
If the goods are returned to the Seller damaged by breach of any of the obligations incumbent on the Buyer, the Seller may claim damages commensurate with the level of damage to the Buyer and set off the amount to be returned to the Buyer.
8. Information on processing and consent to the processing of personal data:
The seller processes personal data in the following extent:
(a) name and surname, business name
(b) the address of residence or the registered office of the company
(c) an identification number and tax identification number
(d) telephone number, e-mail address
The data are processed to fulfil the obligations of the seller from the contractual relationship for 2 years and with the consent of the buyer for advertising purposes for 10 years.
With respect to the processing of personal data, the buyer has the following rights:
(a) the right of access to personal data;
(b) the right to rectification;
(c) the right to be deleted ("right to be forgotten");
(d) the right to limit the processing of data;
(e) the right to object to processing; and
(f) the right to complain about the processing of personal data.
The buyer can assert all rights by contacting us at the e-mail address: martinakova@nastrom.cz.
The Buyer acknowledges that he/she is obliged to present his / her personal data (upon registration, in his / her user account, when ordering from the web interface of the shop) correctly and that he/she is obliged to inform the Seller without any delay.
The Seller, as the controller of personal data, further proceeds in accordance with Regulation (EU) No 2019/679 of the European Parliament and of the Council of 27 April 2016, the Municipal Data Protection Regulation (hereinafter referred to as the "GDPR Regulation").
9. Final provisions
Disputes between the Seller and the Buyer shall be settled by the competent courts. A buyer who does not buy goods for commercial or business activities - the consumer has the right to use out-of-court dispute resolution at the Czech Trade Inspection (www.coi.cz). The out-of-court settlement of consumer disputes is initiated at the consumer's suggestion. The petition may be filed by the consumer no later than 1 year from the date on which the consumer exercised his right to dispute with the seller for the first time.
The Czech Trade Inspection (www.coi.cz) supervises compliance with the obligations arising from the Consumer Protection Act.
These terms and conditions are valid for all sales contracts concluded between the seller and the buyer.
The rights and obligations of the seller and buyer not expressly regulated by these terms and conditions are governed by Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On consumer protection, as amended.
These terms come into effect on February 8, 2019.