General Terms and Conditions
- These General Terms and Conditions (hereinafter referred to as the “ Terms and Conditions ”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Czech Law, the Civil Code (hereinafter referred to as the “ Civil Code ”)
Hoang Long Tran
|based:||Popelova 32a , Brno, 620 00|
|telephone:||+420 773 761 855|
to as “ Seller ”)
- These Terms and Conditions regulate the mutual rights and obligations of the Seller and the natural person who concludes the purchase contract outside its business as a consumer or in the course of its business (hereinafter referred to as ” Buyer “) through a web interface located on a website available at .dophams.com (the ” Online Store “).
- The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the purchase contract shall take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase agreement are concluded in Czech , English or Vietnamese.
Product information and prices
- Information about the goods, including the prices of individual goods and its main features are given for individual goods in the online store catalog. The prices of the goods are inclusive of value added tax, all related fees and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. Prices of goods remain valid for as long as they are displayed in the online store. This provision does not exclude the negotiation of a purchase contract under individually negotiated conditions.
- All presentations of goods placed in the e-shop catalog are of informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The online store publishes information on the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods stated in the online store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of the goods cannot be combined, unless the seller and the buyer agree otherwise.
Order and conclusion of the purchase contract
- The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself. These costs do not differ from the standard rate.
- The buyer orders the goods in the following ways:
- through his / her customer account if he / she has previously registered in the online store,
- filling in the order form without registration.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking the “Submit Order” button. The data listed in the order they are deemed correct by the seller. The condition of validity of the order is to fill in all required information in the order form and to confirm the buyer that he / she has become acquainted with these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the e-mail address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded after the receipt of the order by the seller. The order receipt is delivered to the buyer’s email address.
- In the event that any of the requirements specified in the order cannot be met by the seller, the seller will send a modified offer to the buyer’s email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in such a case concluded by the buyer confirming the acceptance of this offer to the seller’s email address specified in these terms and conditions.
- All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The Buyer may cancel the order by telephone to the Seller’s telephone number or email specified in these Terms and Conditions.
- In the event that there is an obvious technical error on the part of the Seller in the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer’s email address. The amended offer is considered a new draft of the purchase contract and the purchase contract is in this case concluded by confirmation of receipt by the buyer to the email address of the seller.
- Based on the buyer’s registration in the online store, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering in the customer account and ordering goods, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
- Access to the customer account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for possible misuse of the customer account by third parties.
- The Buyer is not entitled to allow third parties to use the Customer Account.
- The Seller may cancel the user account, especially if the buyer no longer uses his user account, or if the buyer breaches his obligations under the purchase contract and these terms and conditions.
- The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
Payment terms and delivery of goods
- The price of goods and any costs associated with the delivery of goods according to the purchase contract can be paid by the buyer in the following ways:
- by bank transfer to the bank account of the Seller No. 2401727082/2010 , kept by Fio banka a.s.,
- cashless payment card,
- wire transfer to the seller’s account through the payment gate,
- Cash on delivery when handing over the goods .
- Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise below, the purchase price includes the costs associated with the delivery of goods.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
- In the case of payment through a payment gateway, the buyer follows the instructions of the respective electronic payment provider.
- In the case of a cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s bank account.
- The Seller does not require any advance or other similar payment from the Buyer. The payment of the purchase price before sending the goods is not a deposit.
- Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online, in case of technical failure, within 48 hours at the latest
- Goods are delivered to the buyer:
- to the address specified by the buyer in the order .
- The method of delivery is selected when ordering goods.
- The costs of delivery of the goods depending on the method of sending and receiving the goods are stated in the buyer’s order and the order confirmation by the seller. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
- If the seller is obliged to deliver the goods to the place specified by the buyer in the order under the purchase contract, the buyer is obliged to take over the goods upon delivery. In the event that due to reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery methods.
- When receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
- The Seller shall issue to the Buyer a tax document – an invoice. The tax document is sent to the buyer’s email address, or the tax document is attached to the delivered goods.
- The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at the earliest by taking over the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of acceptance of the goods or at the moment when the Buyer was obliged to take over the goods but did not do so contrary to the purchase contract.
Withdrawal from the contract
- The buyer who concluded the purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the contract involves several types of goods or delivery of several parts,
- from the date of receipt of the first delivery of goods, if the subject of the contract is a regular repeated delivery of goods.
- Among other things, the buyer cannot withdraw from the purchase contract:
- the provision of services if they were performed with his prior explicit consent before the withdrawal period has expired and the seller has informed the buyer before the conclusion of the contract that in this case he is not entitled to withdraw from the contract,
- on the supply of goods or services the price of which depends on fluctuations of the financial market independently of the seller’s will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of the financial market independent of the seller’s will,
- on the delivery of goods which have been modified according to the wishes of the buyer or for his person,
- the delivery of perishable goods and goods which have been irreversibly mixed with other goods after delivery,
- delivery of goods in a sealed package which the buyer has removed from the package and cannot be returned for hygienic reasons,
- delivery of audio or video recordings or computer programs if they have breached their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer’s prior express consent prior to the expiry of the withdrawal period, and prior to the conclusion of the contract, the seller has informed the buyer that he is not entitled to withdraw from the contract;
- in other cases referred to in § 1837 of the Czech Law, Civil Code.
- To comply with the withdrawal period, the buyer must send a withdrawal statement within the withdrawal period.
- For withdrawal from the contract, the buyer may use the model withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller shall confirm the receipt of the form to the Buyer without delay.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract to the seller. The Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
- If the Buyer withdraws from the Contract, the Seller shall return to him / her all funds, including delivery costs, which he / she received from him / her in the same manner without delay, but no later than within 14 days of withdrawal. The Seller shall refund the money received to the Buyer in another way only if the Buyer agrees with it and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall return to the Buyer the cost of delivery of the goods corresponding to the cheapest method of delivery offered.
- If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer hands over the goods or proves that the goods sent to the seller.
- Goods must be returned to the Seller undamaged, worn and unpolluted and if possible in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Agreement due to stock sell-out, unavailability of goods, or if the manufacturer, importer or supplier of goods has stopped production or import of goods. The Seller shall promptly inform the Buyer via the email address stated in the order and shall return all funds including delivery costs received by him under the Contract in the same manner or in the manner specified by the Buyer within 14 days of the notice of withdrawal.
Rights from defective performance
- The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time when the buyer has received the goods:
- the goods have the properties agreed by the parties and, in the absence of an agreement, the goods described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
- the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
- the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are of an appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
- If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to second-hand goods with a defect corresponding to the level of use or wear because of the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller and request:
- exchange for new goods,
- repair of goods,
- reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if he / she cannot properly use the item for repeated occurrence of a defect or defects after repair,
- in the case of multiple defects of goods.
- The Seller is obliged to accept the complaint at any establishment in which the acceptance of the complaint is possible or at the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, rejection of the complaint.
- The seller or an employee authorized by the seller decides the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment of claiming is considered to be the moment when the buyer’s manifestation (exercise of the right from defective performance) occurs to the seller.
- The seller informs the buyer in writing about the result of the claim.
- The buyer does not have the right to the defective performance if the buyer knew before the takeover of the thing that the thing had a defect, or if the buyer himself caused the defect.
- In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.
- The buyer has the choice of way of claiming.
- The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
- The Parties may deliver all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address stated in these Terms and Conditions. The Seller shall deliver the correspondence to the Buyer to the email address stated in his customer account or order.
Out-of-court settlement of disputes
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract . The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 . May 2013 to resolve consumer disputes online and on amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Regulation on consumer ODR online).
- The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
- All arrangements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Czech Law, Civil Code.
- All rights to the Seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the seller.
- The Seller shall not be liable for errors resulting from interference of third parties in the Internet shop or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could adversely affect its operation and may not engage in any activity that may allow him or third parties to tamper with or misuse the software or other components constituting the online store and use the online store, or parts or software equipment in such a manner as to conflict with its purpose or purpose.
- The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Czech Law, the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
- Attached is a sample business conditions Formular to withdraw from the contract within 14 days.
These Terms and Conditions come into effect on 25 .11 .2019