General business conditions for purchase in the online store of JacLab s.r.o.
I. Basic provisions
These GTC regulate the relations between the contracting parties to the purchase contract, where on the one hand the company JacLab s.r.o, with its registered office at Služeb 256/5, 10800, Praha 10 (hereinafter "seller") and on the other hand is the buyer and / or customer, which may also be a consumer (hereinafter referred to as the "buyer"). In the case where JacLab s.r.o. acts as a provider, provides services and / or license rights according to its current offer to individual buyers according to their requirements for the price and conditions specified in the specific offer of services and / or license rights, while these GTC apply in relation to the relevant contract, unless further stated otherwise.
The buyer is a consumer or entrepreneur.
A consumer is a natural person who, when concluding and fulfilling a purchase contract with the seller, does not act within the scope of his business or other entrepreneurial activity or within the scope of independent performance of his profession.
Legal relations between the seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act no. No. 40/1964 Coll., Civil Code and Act. No. 634/1992 Coll., on consumer protection, both in the valid and effective wording, as well as related regulations.
- a person registered in the Commercial Register,
- a person who conducts business on the basis of a trade license,
- a person who conducts business on the basis of a license other than a trade license in accordance with special regulations, and
- a person who carries out agricultural production and is registered in accordance with a special regulation.
Legal relations between the seller and the buyer, who is an entrepreneur, not expressly regulated by these GTC or the contract between the seller and the buyer are governed by the relevant provisions of Act. No. 513/1991 Coll., Commercial Code as amended, as well as related regulations. In case of any differences between the GTC and the individual contract, the text of the contract takes precedence.
By placing an order, the Buyer confirms that he has read these GTC, an integral part of which is the complaint procedure with the conditions of the ordered service and / or the provided license authorization and that he agrees with them, as amended and effective at the time of sending the order. The buyer will receive a copy of the GTC as an attachment to the order confirmation to the specified email address.
The buyer is aware that the purchase of products that are in the seller's business offer does not give rise to any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the seller on the site, the purchase contract is created by sending the order by the buyer consumer and acceptance of the order by the seller. The seller will immediately confirm this acceptance to the buyer by an informative email to the specified email, but this confirmation does not affect the formation of the contract. Attached to this confirmation is the current wording of the GTC and the seller's complaint procedure. The resulting contract (including the agreed price) can be changed or canceled only by agreement of the parties or on legal grounds. For an exception to this procedure, see section V. Ordering.
If the buyer is an entrepreneur, the proposal for concluding the purchase contract is the sent order of goods by the buyer entrepreneur and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer entrepreneur with this proposal.
Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the applicable law of the Czech Republic and will be resolved by the courts of the Czech Republic. This does not affect cases where the buyer is a consumer and will be habitually resident in a state other than the Czech Republic and the choice of law or court prorogation will not be permissible.
The contract is concluded in the Czech language. If a translation of the text of the contract is created for the needs of the buyer, it applies that in the event of a dispute over the interpretation of terms, the interpretation of the contract in the Czech language applies.
The concluded contract is archived by the seller for a period in accordance with the relevant legal regulations, for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These GTC are available on individual portals of the seller and thus their archiving and reproduction by the buyer is enabled.
The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer.
II. Information security and protection
The Seller declares that all personal data are confidential, will be used only to perform the contract with the buyer and marketing events of the Seller and will not be otherwise disclosed, provided to a third party, etc., except situations related to distribution or payment related to the ordered goods (communication of name and delivery address). The seller shall ensure that the data subject does not suffer harm to his rights, in particular the right to respect for human dignity, and also takes care to protect against unauthorized interference with the data subject's private and personal life. Personal data, which are provided voluntarily by the buyer to the seller in order to fulfill the order and marketing actions of the seller, are collected, processed and stored in accordance with applicable laws of the Czech Republic, especially Act No. 101/2000 Coll. and effective wording. The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the purchase contract and use for marketing purposes of the seller (especially for sending commercial messages, telemarketing, sms), until his written disagreement with such processing. sent to the address JacLab sro,., Služeb 256/5 Prague 10 10800. In this case, the electronic form is also considered a written statement - by e-mail firstname.lastname@example.org i. The buyer has the right to access his personal data.
III. Opening hours
Orders through the seller's online stores: 24 hours a day, 7 days a week
All prices are negotiable. There are always current and valid prices in the online e-shop. Prices are final, ie including VAT, or all other taxes and fees that the consumer must pay to obtain the goods, this does not apply to any freight charges, etc.
The special prices are valid until the stock is sold out, stating the number of pieces of special offer goods or for a specified period of time.
The buyer will receive the goods at the price valid at the time of ordering. The buying consumer has the opportunity to get acquainted with the total price including VAT and all other fees (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods. The buying consumer has the opportunity to get acquainted with the fact before making the order, for how long the offer or price remains valid.
- You can order in the following ways:
- via e-shop at www.primercube.eu (hereinafter "e-shop")
- by e-mail email@example.com
- in person at the seller's premises
- by phone
The seller recommends that the buyer place orders through the e-shop.
VI. Withdrawal from the contract
Withdrawal from the contract by the buyer, who is a consumer
The purchasing consumer has the right in accordance with § 53 par. 7 civ. withdraw from the contract within 14 days of receipt of the goods, if the contract was concluded by means of distance communication. If the consumer decides to exercise this right, he must deliver the withdrawal from the contract to the seller no later than the 14th day after receipt of the goods. The seller is only entitled to reimbursement of the costs actually incurred in connection with the return of the goods.
Send withdrawals and goods to the address:
JacLab s.r.o., P.O.BOX 34, Praha 517, 155 21
The buyer-consumer should return the goods complete, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods. In the event that the returned goods are incomplete or damaged, the seller may reduce the returned purchase price by the corresponding amount (in accordance with § 458 paragraph 1 of the Civil Code).
The money for the returned goods will be returned to the buyer consumer within 30 days of withdrawal.
Except where withdrawal is expressly agreed, the consumer may not withdraw from the contracts:
- for the provision of services, if their performance was started with his consent before the expiry of the period of 14 days from the acceptance of the performance,
- for the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller,
- for the supply of goods adapted to the consumer's wishes or for his person, as well as goods which are subject to rapid deterioration, wear or obsolescence,
- for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging,
- for the supply of newspapers, periodicals and magazines,
- consisting of a game or lottery,
If the buyer decides to withdraw within the specified period, we recommend to expedite the settlement of the goods to the seller's address together with the attached cover letter with possible reason for withdrawal from the purchase contract (not a condition), purchase document number and bank account number or , whether the amount will be withdrawn in cash or whether it will be drawn for the next purchase.
The buyer acknowledges the fact that if gifts are provided with the goods, the gift contract is concluded between the seller and the buyer on the condition that if the consumer's right to withdraw from the contract is exercised under § 53 paragraph 7 of the Civil Code. z., the gift contract loses its effect and the buyer is obliged to return the gifts provided in connection with the returned goods. In the event that these are not returned, these values will be understood as unjustified enrichment of the purchase.
Upon fulfillment of all the above conditions for the return of goods, the buyer will be entitled to a refund of the paid financial amounts associated with the returned goods, which will be returned to the buyer no later than 30 days after withdrawal from the contract. If the account number is not provided, the amount is automatically ready to be drawn within the same period by another purchase or to be collected in cash upon presentation of the original credit note, which is sent to the customer without undue delay after resolving the withdrawal from the purchase contract.
Withdrawal from the contract by the buyer, who is an entrepreneur
In the event that the buyer is an entrepreneur, the provisions of § 436 et seq. Act No. 513/1991 Coll., Commercial Code, as amended. The seller states that the buyer may be offered an agreement to terminate the purchase contract depending on the condition of the returned goods, the lost warranty and the current price of the returned goods. The condition of the goods is assessed by the seller. In the event of disagreement on terms acceptable to both parties, the goods will be returned at the expense of the seller. The seller is entitled to charge the buyer any additional costs incurred.
When issuing a credit note, the buyer may be required to provide an identity card in order to protect the buyer's property rights. By submitting the OP, the buyer agrees to the processing of personal data according to point II. (personal data in the sense of § 4 letter a) of Act 101/2000 Coll., on personal data protection).
VII. Payment Terms
The seller accepts the following payment terms:
- cash payment at purchase,
- payment in advance by bank transfer,
- cash on delivery upon delivery of the goods (the carrier receives cash from the customer - the buyer also pays the so-called cash on delivery.)
- payment via payment gateway Barion (https://www.barion.com/)
VIII. Terms of delivery
Sending by transport service - Czech Republic:
The goods can be sent to the buyer by transport service - Czech Post Ltd. The condition is the order received by 14:00. The carrier usually delivers shipments anywhere in the Czech Republic within 24 hours. The price of transport is governed by the price list current on the day of the order. If the goods are not delivered to the buyer for reasons on the part of the seller within two working days (if the conditions are met and after all necessary steps have been taken by the consumer, especially payment in advance, if this form is chosen), the buyer has the right to withdraw from the contract other rights, such as the right to compensation).
The price of transport is calculated by the e-shop system when ordering.
The buyer, who is an entrepreneur, is obliged (the buyer, who is a consumer, this procedure is recommended) to immediately check the condition of the shipment (number of packages, integrity of the tape with the company logo, damage to the box) together with the carrier according to the enclosed consignment note. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract by the fact that the shipment is, for example, incomplete or damaged. If the buyer receives such a damaged shipment from the carrier, it is necessary to describe the damage in the handover protocol of the carrier.
Incomplete or damaged shipment must be immediately notified by e-mail to firstname.lastname@example.org, write a damage report with the carrier and send it without undue delay by e-mail or mail to the seller. An additional claim for incompleteness or external damage to the shipment does not deprive the buyer of the right to complain about the item, but gives the seller the opportunity to prove that it is not a breach of the purchase contract.
IX. Warranty conditions
The warranty conditions for the goods are governed by the seller's complaint procedure and valid and effective legal regulations of the Czech Republic. The purchase document usually serves as a guarantee certificate (for details, see the Complaints Procedure).
X. Final provisions
These General Terms and Conditions are valid and effective from 1 February 2012 and cancel the previous version of the GTC. The seller reserves the right to change the GTC without prior notice.
I. General provisions
This complaint procedure describes the procedure for approaching the complaint of goods purchased from the seller.
The buyer, who may be an entrepreneur or a consumer, is obliged to get acquainted with the Complaints Procedure and the Business Conditions before ordering the goods.
By concluding the purchase contract and taking over the goods from the seller, the buyer agrees with these Complaints Rules. Definitions of terms contained in these Complaints Rules take precedence over definitions in the GTC. If these Complaints Rules do not define the term, it is understood in the meaning in which it is defined in the GTC. If it is not defined there either, it is understood in the sense in which it is used by valid and effective legislation.
Acceptance of goods from entrepreneurs is the moment of its delivery by the seller to the buyer or. to the first carrier. If the buyer is a consumer, the moment of receipt of the goods by the consumer from the seller or. acceptance from the carrier.
As proof of warranty (warranty card), the seller issues a purchase document (invoice or seller - hereinafter warranty card) for each purchased goods with all the necessary data for the application of warranty (especially the name of goods, warranty length, price, quantity, serial number).
At the request of the buyer, the seller will provide a warranty in writing (warranty card).
The warranty card contains the seller's business name, identification number and registered office. By default, however, if the nature of the item allows it, the seller issues a proof of purchase of the item containing the stated data to the buyer instead of the warranty card.
If it is necessary with regard to the provided guarantee, the seller shall explain the content of the provided guarantee in a comprehensible manner in the guarantee certificate, state its scope, conditions, period of validity and the manner in which claims arising from it can be asserted. The seller shall also state in the guarantee certificate that the provision of the guarantee does not affect the rights of the buyer, which are related to the purchase of the item.
II. Length of warranty
The warranty period generally begins on the day the goods are taken over by the buyer, ie on the day stated on the warranty card.
When selling consumer goods, the statutory warranty period is 24 months * for consumers **, unless a special legal regulation stipulates a longer period. The seller may extend this statutory period. The length of the warranty period is always marked on the warranty card (in the warranty column). The warranty period consists of the statutory period (24 months) and, if applicable, the extended warranty period. The warranty period is further extended by the time for which the goods were in the complaint. The rights from the liability for defects of the goods for which the warranty period applies shall expire if they have not been exercised during the warranty period. The service life of consumable components in the goods sold (accumulators, plasma tubes, ozone producers in O3 generators) is determined by the manufacturer of these components to be 6 months.
If the buyer is a consumer, within the statutory warranty period, the complaint is governed by Act No. 40/1964 Coll., The Civil Code and Act No. 634/1992 Coll., On Consumer Protection, both acts in the valid and effective wording, taking into account specification in these Complaints Rules. In the case of an extended period, the complaint is governed exclusively by these Complaints Rules.
* An exception may be made for goods sold at a discount (goods damaged, used, incomplete, etc. - such a characteristic is always given for the goods - if not, it is considered to be new, undamaged and complete goods). If the buyer is a consumer and if the goods are used, the seller is not liable for defects corresponding to the degree of use or wear that the thing had when taken over by the buyer, and the rights from liability for defects of the thing expire if not exercised within 12 months from receipt buyer. This period shall be stated by the seller in the document on the sale of the item and sufficiently significantly also in the offered goods and in the order confirmation. For items sold at a lower price due to a defect or incompleteness, the warranty does not apply to defects for which a lower price has been agreed.
** For selected products, the manufacturer's warranty is limited to non-consumer buyers. The legal rights of the end customer (consumer) are not affected in any way, the warranty applies to him according to the law.
III. Warranty conditions
I. The buyer, who is not a consumer, is obliged, and the buyer, who is a consumer, is recommended to immediately check the condition of the shipment (number of packages, integrity of the company logo tape, damage to the box) immediately upon delivery according to the enclosed consignment note. The buyer is entitled to refuse to accept a shipment that is not in accordance with the purchase contract, provided that the shipment is, for example, incomplete or damaged. If the buyer receives such a damaged shipment from the carrier, it is necessary to describe the damage in the handover protocol of the carrier.
II. Incomplete or damaged shipment must be reported immediately by e-mail to the address: email@example.com write a damage report with the carrier and send it without undue delay by e-mail or mail to the seller. An additional claim for incompleteness or external damage to the shipment does not deprive the buyer of the right to complain about the item, but gives the seller the opportunity to prove that it is not a breach of the purchase contract. .
III. In the event that the goods were purchased by a buyer who is an entrepreneur, the buyer must file a complaint directly and only at an authorized service. In this case, the complaint is governed by the conditions of the authorized service.
IV. The buyer can send the defective goods for complaint by transport service to the address of the seller's office or authorized service. The claimed goods should be thoroughly secured to prevent damage during transport, the package should be visibly marked "COMPLAINTS" and contain: the claimed goods (including complete accessories), we recommend enclosing a copy of the purchase document, detailed description of the defect and sufficient contact information buyer (especially return address and phone number). Without the above, it is impossible to identify the origin and defects of the goods. This procedure is also recommended to the buyer consumer, unless he proves and substantiates the above facts otherwise. We also recommend choosing the required method of handling the complaint (see below).
V. The buyer, who is not a consumer, proves the validity of the guarantee by submitting a proof of purchase, if the goods have been claimed in the past, he also proves proof of claim.
By using the Barion payment method, the buyer agrees to the terms of the service provider Barion Pixel (https://www.barion.com/cs/files/barion-pixel-aszf.pdf).