GENERAL TERMS AND CONDITIONS

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General Terms and Conditions HERE

Complaint form HERE

Contract withdrawal form HERE

 

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GENERAL TERMS AND CONDITIONS

These General Terms and Conditions (“Terms”) of the company:

DENATO s.r.o.

Registered office: Husova 406, 33401 Přeštice

Company ID: 04221117

VAT ID: CZ04221117

Entered in the Commercial Register under file no. C 38363 kept by the Regional Court in Plzeň

E-mail: info@denato.cz

Phone: +420 606 063 453

Business address: DENATO s.r.o., Husova 406, 33401 Přeštice

(“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 the buyer and us as the seller arising in connection with or on the basis of a purchase agreement (the “Agreement”) concluded via the e-shop on the website www.denato.cz.

All information on the processing of your personal data is contained in the Privacy Policy available here: GDPR Privacy Policy – DENATO.

The provisions of these Terms form an integral part of the Agreement. The Agreement and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. Rights and obligations arising during the effectiveness of a previous version remain unaffected.

As you know, we communicate primarily remotely. Therefore, the Agreement is concluded by distance means through the e-shop interface (the “web interface of the e-shop”), without our and your simultaneous physical presence.

If any part of the Terms conflicts with an arrangement we approved together during your purchase process on our e-shop, that specific arrangement shall prevail over the Terms.

1. DEFINITIONS

1.1. Price means the monetary amount you pay for the Goods.

1.2. Shipping Price means the monetary amount you pay for delivery of the Goods, including packaging.

1.3. Total Price means the sum of the Price and the Shipping Price.

1.4. VAT means value added tax under applicable legislation.

1.5. Invoice means a tax document issued in accordance with the Value Added Tax Act for the Total Price.

1.6. Order means your binding proposal to conclude a purchase Agreement with us for the Goods.

1.7. User Account means an account created on the basis of data you provide, enabling storage of your data and the history of ordered Goods and concluded Agreements.

1.8. You are the person shopping on our e-shop, referred to by law as the buyer.

1.9. Goods means everything you can purchase on the e-shop.

2. GENERAL PROVISIONS AND INFORMATION

2.1. Goods may be purchased only through the web interface of the e-shop.

2.2. When purchasing Goods, you are obliged to provide all information correctly and truthfully. We will consider the information provided in your Order to be correct and truthful.

2.3. Our e-shop provides access to product reviews by other consumers. We ensure the authenticity of such reviews by linking ratings with specific orders (internally, each rating is associated with an order ID), enabling verification that reviews originate from real consumers.

3. CONCLUSION OF THE AGREEMENT

3.1. An Agreement with us may be concluded only in the Czech language.

3.2. The Agreement is concluded remotely via the e-shop; you bear the costs of distance communication. These costs do not differ from your basic rates (mainly internet access). By submitting the Order, you agree to our use of distance communication means.

3.3. To conclude the Agreement, you must create an Order in the e-shop containing: (a) information about the Goods (use the “Add to cart” button or the cart icon), (b) information about the Price, Shipping Price, payment method of the Total Price, and desired delivery method (displayed automatically during checkout based on your selections), (c) your identification and contact details (name, delivery address, phone number, e-mail).

3.4. Until completion, you may change and check the data. By clicking “Order with obligation to pay” you finalize the Order and confirm you have read and agree to these Terms. The data are then sent directly to us.

3.5. We will confirm your Order as soon as possible by e-mail to the address provided in the Order. The confirmation includes a summary of the Order and these Terms as an attachment. The Agreement is concluded when the Order confirmation is sent.

3.6. We may be unable to confirm the Order (e.g., Goods unavailable or quantity exceeds our permitted maximum). We will contact you and send an offer to conclude the Agreement in a modified form. The Agreement is concluded when you accept our offer.

3.7. If an obviously incorrect Price is stated in the e-shop or the Order, we are not obliged to deliver the Goods at that Price, even after Order confirmation. We will contact you and send a new offer. An obvious error includes, for example, a Price not matching the usual market price or a missing/extra digit.

3.8. Upon conclusion of the Agreement, you are obliged to pay the Total Price.

3.9. If you have a User Account, you may place Orders through it. You must still verify the accuracy and completeness of prefilled data. The ordering process is otherwise identical.

3.10. We may offer discounts. To receive a discount, enter the relevant details in the designated field during checkout and be logged into your User Account. The Goods will then be provided at the discounted Price.

4. USER ACCOUNT

4.1. After registering on the e-shop, you can access your User Account.

4.2. When registering, you must provide all data correctly and truthfully and update them in case of changes.

4.3. Access is protected by a username and password. You must keep these confidential; we accept no liability for misuse.

4.4. The User Account is personal and may not be made available to third parties.

4.5. We may delete your User Account, in particular if it has not been used for more than two years or if you breach your obligations under the Agreement.

4.6. The User Account may not be continuously available, especially due to necessary hardware/software maintenance.

5. PRICING AND PAYMENT TERMS; RETENTION OF TITLE

5.1. The Price is always indicated in the e-shop, in the Order and, of course, in the Agreement. In the event of a discrepancy, the Price stated in the Order (identical to that in the Agreement) applies. The Order also states the Shipping Price and any conditions for free delivery.

5.2. The Total Price is stated inclusive of VAT and all statutory charges.

5.3. We require payment of the Total Price after the Agreement is concluded and before the Goods are handed over. You may pay by: (a) bank transfer (payment details are sent in the Order confirmation; due within 14 days), (b) online card payment via GoPay (terms at https://www.gopay.com/cs/; due within 6 days), (c) cash on delivery (due upon receipt), (d) cash upon personal pickup (due upon receipt).

5.4. The Invoice will be issued electronically after payment of the Total Price and sent to your e-mail. It will also be physically enclosed with the Goods and available in your User Account.

5.5. Title to the Goods passes to you only after payment of the Total Price and receipt of the Goods. For bank transfers, upon crediting our account; otherwise, upon execution of payment.

6. DELIVERY OF GOODS; PASSING OF RISK

6.1. Delivery options: (a) personal pickup at our premises DENATO s.r.o., Husova 406, 33401 Přeštice; (b) delivery by DPD or GLS.

6.2. Delivery is possible within the Czech Republic, Belgium, Bulgaria, Luxembourg, Germany, the Netherlands, Austria, Slovenia, and Spain.

6.3. Delivery time depends on availability and the chosen delivery and payment method; the estimated delivery time is stated in the Order confirmation and is indicative only. For personal pickup we will inform you by e-mail when the Goods are ready for collection.

6.4. Upon receipt from the carrier, you must check the integrity of the packaging and promptly notify the carrier and us of any defects. If the packaging shows signs of unauthorised tampering, you are not obliged to accept the Goods.

6.5. If you breach your obligation to accept the Goods (except under 6.4), we do not breach our delivery obligation and your refusal does not constitute withdrawal. We may withdraw from the Agreement due to your material breach or store the Goods (for a fee). Withdrawal is effective on the day it is delivered to you. Our claims for Shipping Price or damages remain unaffected.

6.6. If, for reasons on your side, the Goods must be delivered repeatedly or in a manner other than agreed, you shall reimburse us for the related costs. Payment details will be sent to your e-mail and are 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 could have accepted them but did not for reasons on your side. From that moment, you bear all consequences related to loss, destruction, damage or devaluation of the Goods.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. At the time the risk passes (6.7), the Goods are free of defects, in particular the Goods: (a) comply with the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics; (b) are fit for the purpose you require and we agree with; (c) are delivered with the agreed accessories and instructions for use, including assembly or installation manuals; (d) are fit for the purpose for which goods of this type are usually used; (e) by quantity, quality and other characteristics, including lifespan, functionality, compatibility and safety, correspond to the usual properties of goods of the same kind that you may reasonably expect, also considering public statements made by us or others in the same contractual chain, in particular in advertising or labelling; (f) are delivered with accessories including packaging — assembly guides, product manuals and other instructions reasonably expected are available for download with specific products on our website www.denato.cz under the “Související soubory” (“Related files”) tab; (g) correspond in quality or workmanship to a sample or model provided to you before the Agreement.

7.2. Rights and obligations regarding defective performance are governed by applicable generally binding regulations (in particular Sections 2099–2117 and 2161–2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.3. If the Goods have a defect (especially if any condition under 7.1 is not met), you may notify us of such defect and exercise rights from defective performance (i.e., file a complaint) by sending an e-mail or letter to our addresses stated in our identification details, or in person at DENATO s.r.o., Husova 406, 33401 Přeštice. You may also use the template form provided by us, which forms Annex No. 1 to the Terms. When exercising the right from defective performance, you must choose how you want the defect resolved; you may not change this choice later without our consent. We will handle the complaint in accordance with the right you assert.

7.4. If the Goods are defective, you have the right: (a) to have the defect remedied by delivery of new defect-free Goods or delivery of the missing part; or (b) to have the defect remedied by repair, unless the chosen method is impossible or disproportionately costly compared to the other method, in particular considering the significance of the defect, the value the Goods would have without the defect, and whether the defect can be removed by the other method without major inconvenience to you.

7.5. We may refuse to remedy the defect if it is impossible or disproportionately costly, especially 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 from the Price; or (b) withdraw from the Agreement, if: (a) we refuse to remedy the defect or do not remedy it in accordance with the law; (b) the defect recurs; (c) the defect is a material breach of the Agreement; or (d) it is evident from our statement or the circumstances that the defect will not be remedied within a reasonable time or without substantial inconvenience to you.

7.7. The right to withdraw from the Agreement does not apply if the defect is insignificant.

7.8. If you caused the defect yourself, you have no rights from defective performance.

7.9. Wear and tear caused by usual use (or wear corresponding to prior use in the case of used Goods) is not a defect.

7.10. When you file a complaint, we will issue a written confirmation stating: (a) the date you filed the complaint; (b) the content of the complaint; (c) the method of settlement you require; (d) your contact details for information on complaint settlement.

7.11. Unless we agree on a longer period, we will remedy defects within 30 days of receiving the complaint and inform you of the settlement using the contact details provided. If this period expires without result, you may withdraw from the Agreement or request a reasonable discount.

7.12. We will inform you by e-mail about the settlement and issue a confirmation of the date and manner of settlement. If the complaint is justified, you are entitled to reimbursement of necessary costs (e.g., receipts or shipping confirmations). If the defect is remedied by delivery of new Goods, you must return the original Goods to us; we bear the cost of this return.

7.13. If you are an entrepreneur, you must notify and reproach the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.

7.14. If you are a consumer, you have the right to exercise rights from defective performance for a defect that occurs in consumer Goods within 24 months of receipt.

8. WITHDRAWAL FROM THE AGREEMENT

8.1. Withdrawal (termination of the contractual relationship from the outset) may occur for the reasons and in the manner set out in this section and in any other provisions of the Terms expressly providing for withdrawal.

8.2. If you are a consumer, i.e., a person purchasing Goods outside your business activity, you are entitled under Section 1829 of the Civil Code to withdraw from the Agreement without giving any reason within 14 days from the date of conclusion of the Agreement, or, in the case of a purchase of goods, within fourteen days of their receipt. For Agreements for several items or parts, the period begins on the date of delivery of the last item or part; for Agreements providing for regular and repeated delivery, on the date of delivery of the first delivery.

8.3. You may withdraw by any demonstrable means (in particular by e-mail or letter to our addresses stated in our identification details). You may also use our template form, which forms Annex No. 2 to the Terms.

8.4. Even as a consumer, you cannot withdraw in the cases listed in Section 1837 of the Civil Code.

8.5. The withdrawal period under 8.2 is deemed observed if you send us the notice of withdrawal within that period.

8.6. In the event of withdrawal under 8.2, you must send the Goods back to us within 14 days of withdrawal and you bear the costs of returning the Goods to us. You are entitled to a refund of the Shipping Price, but only up to the amount corresponding to the cheapest delivery method we offered. If you withdraw because we have breached the Agreement, we will also reimburse the return costs, again only up to the amount corresponding to the cheapest delivery method we offered.

8.7. In case of withdrawal, the Price will be refunded within 14 days from the effective date of withdrawal to the account from which it was paid, or to an account designated in the notice of withdrawal. The amount will not be refunded before we receive the Goods or you prove that the Goods have been sent back to us. Please return the Goods clean and, if possible, in the original packaging.

8.8. If you withdraw under 8.2, you are liable for any decrease in the value of the Goods resulting from handling the Goods in a way other than necessary to familiarise yourself with their nature, characteristics and functionality (i.e., as you would in a brick-and-mortar shop). If we have not yet refunded the Price, we may set off our claim for the costs against your claim for refund of the Price.

8.9. We may withdraw from the Agreement at any time before delivering the Goods to you if there are objective reasons rendering delivery impossible (particularly reasons on the side of third parties or due to the nature of the Goods). We may also withdraw if you have knowingly provided incorrect information in the Order. If you purchase within your business activity (as an entrepreneur), we may withdraw at any time without giving a reason.

9. CONSUMER DISPUTE RESOLUTION

9.1. We are not bound to any codes of conduct in relation to buyers within the meaning of Section 1826(1)(e) of the Civil Code.

9.2. We handle consumer complaints via info@denato.cz. We will send information on complaint settlement to the buyer’s e-mail address.

9.3. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, ID: 00020869, http://www.coi.cz, is competent for out-of-court consumer dispute resolution arising from the Agreement. The EU online dispute resolution platform at http://ec.europa.eu/consumers/odr may be used to resolve disputes from purchase contracts concluded by electronic means.

9.4. The European Consumer Centre Czech Republic, Štěpánská 567/15, 120 00 Prague 2, http://www.evropskyspotrebitel.cz, is the contact point pursuant to Regulation (EU) No 524/2013.

10. FINAL PROVISIONS

10.1. If our legal relationship contains an international element (e.g., we ship Goods outside the Czech Republic), Czech law shall always apply. If you are a consumer, your statutory rights remain unaffected.

10.2. All written correspondence will be delivered by e-mail. Our e-mail address is listed with our identification details. We will deliver to the e-mail address stated in the Agreement, in your User Account, or from which you contacted us.

10.3. The Agreement may be amended only by our written agreement. We may change and supplement these Terms; such change does not affect Agreements already concluded but applies to Agreements concluded after the change takes effect.

10.4. In cases of force majeure or unforeseeable events (natural disaster, pandemic, operational failures, supplier outages, etc.), we are not liable for damage caused in connection therewith. If force majeure lasts longer than 10 days, both we and you may withdraw from the Agreement.

10.5. The Terms include a template complaint form and a template withdrawal form as annexes.

10.6. The Agreement, including the Terms, is archived electronically by us but is not accessible to you. However, you will always receive these Terms and the Order confirmation with a summary by e-mail, thus always having access without our cooperation. We recommend saving both documents.

These Terms take effect on 20/12/2022.

 

Annex No. 1 – Complaint form

Addressee:

DENATO s.r.o.

Husova 406

33401 Přeštice

Complaint submission

Date and number of the Agreement (Order):
Name and surname:
Address:
E-mail address:
Goods subject to complaint:
Description of defects:
Proposed method of complaint handling:

I also request confirmation of the complaint submission stating when I exercised this right, what the complaint contains, and the method of settlement I request, together with my contact details for providing information on the complaint settlement.

Goods sent to us for complaint handling can be sent by carrier to the above address or delivered in person. Goods sent to a pick-up point or goods sent cash on delivery will not be accepted or collected.

Date:

Signature:

Annex No. 2 – Withdrawal form

Addressee:           

DENATO s.r.o.

Husova 406

33401 Přeštice

I hereby declare that I am withdrawing from the Agreement:

Date and number of the Agreement (Order):
Name and surname:
Address:
E-mail address:
Specification of the Goods covered by the Agreement:
Method for returning funds / bank account number (if applicable):

If the buyer is a consumer and ordered goods via the e-shop of DENATO s.r.o. (the “Company”) or another means of distance communication, then, except in the cases under Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, the consumer has the right to withdraw from an already concluded purchase agreement within 14 days from the date of conclusion of the agreement, or, in the case of a purchase of goods, within fourteen days of receipt. For agreements covering several items or parts, the period begins on the date of delivery of the last item or part, and for agreements providing for regular and repeated delivery, on the date of the first delivery.

The buyer shall notify the Company of such withdrawal in writing to the Company’s business address or electronically to the e-mail stated on the template form.

If the consumer withdraws, they shall send or hand over to the Company, without undue delay and no later than 14 days from withdrawal, the goods received from the Company.

If the consumer withdraws, the Company shall, without undue delay and no later than 14 days from withdrawal, refund all monetary funds (purchase price of the delivered goods) including delivery costs received under the purchase agreement, in the same manner. If the buyer chose a delivery method other than the cheapest method offered by the Company, the Company shall refund the delivery costs only up to the amount corresponding to the cheapest delivery method offered. The Company is not obliged to refund any funds before it receives the goods back or before the buyer proves that the goods have been sent to the Company.

Goods may be sent to us by a carrier to the above address or delivered in person. Goods sent to a pick-up point or goods sent cash on delivery will not be accepted or collected.

Date:

Signature: