GENERAL TERMS AND CONDITIONS – CONSUMER

trading company

DISCOMP S.R.O., Reg. No. 25236792, registered office at Cvokařská 1216/8, 312 00 Plzeň, registered in the Register of Companies of the Regional Court in Pilsen, section C, entry 11558

1. Introductory provisions

The general terms and conditions–consumer (GTC) stipulate relations between contractual parties of the purchase agreement realized through the e-shop of seller according to section 1751, paragraph 1 of the Act No. 89/2012 Coll. of the Civil Code (Civil Code). In these terms and conditions "Discomp" or "trading company" means Discomp s.r.o. (Reg. No. 25236792, VAT Id. No. CZ25236792), having its registered office at Cvokařská 8, 312 00 Plzeň and registered in the Register of Companies of the Regional Court in Pilsen, section C, entry 11558, and "buyer", another physical person through the e-shop of seller. The e-shop is operated by seller on the Internet website discomp.cz (web site) through the web site interface (e-shop web interface).

1.1. These terms and conditions shall not be applicable if buyer having intend to purchase the goods from seller is a legal person or a person ordering the goods for further use in his / her business or freelancing activities.

1.2. Provisions differing from the terms and conditions shall be specified in the purchase agreement. Such provisions defined in the purchase agreement precede provisions of the terms and conditions.

1.3. Provisions of the terms and conditions are an integral part of the purchase agreement. Both purchase agreement and terms and conditions are written in Czech. Czech language may be used for the purchase agreement.

1.4. Wording of the terms and conditions may be changed or amended by seller. This provision shall not affect the right and obligations arising from previous and effective wording of the terms and conditions.

2. User account

2.1. Buyer may access his / her user interface after signing up on the web site. Buyer may place an order for the goods from his / her user interface (user account). Buyer may also place an order for the goods directly through the interface of the web site without prior signing up.

2.2. Buyer shall always provide correct and true information while signing up and placing an order on the web site. The user shall update all his / her account details if they change. Details filled in by buyer in his / her user account and while ordering the goods shall be considered correct by seller.

2.3. The user account access is ensured by the user name and password. Buyer shall not disclose his / her user account access details.

2.4. Buyer shall not allow any third party to access his / her user account.

2.5. The user account shall be cancelled by seller if it is not used by buyer for more than 12 months or if buyer fails to meet obligations resulting from the purchase agreement, including terms and conditions.

2.6. Buyer shall understand that the user account may not be accessible permanently due to necessary maintenance of the third parties' hardware and software.

3. Entering into the purchase agreement

3.1. The web interface displays the goods and gives only informative details on the goods and buyer shall have no obligation to enter into the purchase agreement regarding these goods. Section 1732, paragraph 2 of the Civil Code shall not be applicable.

3.2. The web interface contains information on the goods, including prices for each individual product. The price for the goods shall be displayed including VAT and other applicable fees. Prices for the goods shall be displayed in wholesale prices without VAT and also with VAT and in retail prices. Retail prices shall be applicable for the end user. Buyer shall receive updated price from seller for products with “price on request” tag. Prices are valid if they are displayed in the e-shop web interface. This provision shall not restrict the right of buyer to enter into the purchase agreement under individually negotiated conditions.

3.3. The e-shop web interface also contains information on packaging and shipping related costs. Information on packaging and shipping related costs displayed on the e-shop web interface are valid for shipping in the Czech Republic only.

3.4. To place an order for the goods, buyer shall fill in an order form on the e-shop web interface. The order form contains information on, especially:

3.4.1. goods ordered (to order the goods, buyer shall add the goods into the electronic shopping cart of the e-shop);

3.4.2. way of payment for ordered goods, information on requested way of shipping;

3.4.3. information on shipping related costs (altogether referred to as “order”).

3.5. Prior to placing the order, buyer shall be allowed to check and change order information filled in by buyer; buyer shall be allowed to find and correct errors created while filling in order information. Buyer shall place the order by clicking the button “Send order”. All filled in order information are deemed correct by seller. The order shall be confirmed by seller via e-mail sent to buyer without delay. Buyer's e-mail address shall be filled in in the e-shop web interface or in the order (buyer's e-mail address).

3.6. Seller has always a right to request additional confirmation (e.g. in writing or by phone) from buyer depending on the character of the goods order (amount ordered, purchase price, shipping price estimate).

3.7. Contractual relation between seller and buyer shall be created by delivering the order and subsequent confirmation of the order by seller (accepting), which shall be sent to buyer by e-mail to the buyer's e-mail address.

3.8. Buyer agrees with distant communication tools in the process of entering into the purchase agreement. Buyer's incurred costs connected with distant communication tools and related to the purchase agreement (Internet connection costs, phone call bills) shall be covered by buyer; such costs do not differ from the base rate.

4. Price for the goods and payment conditions

4.1. Price for the goods and potential shipping related costs according to the purchase agreement shall by paid by buyer to seller in the following ways:

• in cash at the seller's stores listed under “Contacts” on the e-shop web site
• cash on delivery at the place specified by buyer in the order
• wire transfer on seller's account no. ………., bank ……

4.2. Buyer shall pay to seller the purchase price as well as packaging and shipping related costs in an agreed amount. If not otherwise specified, the purchase price includes shipping related costs as well.

4.3. Shipping cost in the Czech Republic is CZK 100,- without VAT (121,- with VAT). The shipping is free if the total amount of the order is over CZK 5,000,- without VAT (6,050,- with VAT). The goods can be delivered abroad; the shipping costs related to the foreign shipping depends on the weight and size of the delivery and shall be sent to buyer upon request before the dispatch of the shipment. The goods delivered through the shipping company shall be properly packed by seller using protective packaging and adhering to usual packaging manners as to prevent any damage to the goods. Protective packaging that is used, precisely writing and print on them, do not have to correspond with the goods delivered. The goods delivered shall always be identified by a label on the protective packaging informing buyer on the contents of the delivery. Protective packaging used for delivery purposes are single use packages and are not returnable.

4.4. Seller shall not require from buyer any payment in advance or similar payment. This shall not affect the provision no. 4.6 of the terms and conditions regarding obligation to pay the purchase price for the goods in advance.

4.5. For payments in cash or cash on delivery, the purchase price shall be due at the moment of the goods takeover. For the wire transfer, the purchase price is due in 8 days from entering into the purchase agreement.

4.6. For the wire transfer, buyer shall pay the purchase price for the goods using a variable symbol–order number. For the wire transfer, buyer's obligation to pay the corresponding purchase price is fulfilled at the moment the amount is credited on seller's account.

4.7. Should buyer not provide an additional confirmation of the order (provision no. 3.7), seller has a right to request from buyer the full purchase price before dispatching the goods to buyer. Section 2119, paragraph 1 of the Civil Code shall no be applicable, or seller may withdraw from the contract.

4.8. Possible discounts provided by seller shall not be combined.

4.9. Seller is a VAT payer. Tax document–invoice shall be issued by seller after buyer pays the purchase price for the goods and sends its electronic version to the buyer's e-mail address or attaches a its printout to the delivery.

5. Withdrawal from the purchase agreement

5.1. Buyer is aware that by the section 1837 of the Civil Code buyer shall not be allowed to withdraw from the purchase agreement for the goods that have been customized according to buyer's request as well as the goods that was mixed with other goods after the delivery.

5.2. If the point 5.1 is not applicable or in other cases prohibiting withdrawal from the purchase agreement, buyer shall have a right according to the section 1829, paragraph 1 of the Civil Code to withdraw from the purchase agreement in 14 days from the goods takeover. If the delivery consists of several kinds of products or the goods are delivered in several deliveries, the withdrawal time shall start on the day of the last delivery of the goods. The notification on the withdrawal from the purchase agreement must be sent to seller in the time period stated herein. To withdraw from the purchase agreement, buyer may use a sample withdrawal form, which can be found on seller's e-shop web site. Buyer may send the withdrawal from the purchase agreement to seller's company registered office address or electronically to seller's e-mail address …….

5.3. The withdrawal from the purchase agreement according to the article no. 5.2 of the terms and conditions shall stop the purchase agreement from its commencement. The goods must be returned to seller without unnecessary delay in 14 days, at latest, from the withdrawal from the purchase agreement by buyer. If buyer withdraws from the purchase agreement, buyer shall bear costs related to returning the goods to seller, which shall also apply for cases in which the nature of the goods does not allow returning via usual mailing channels.

5.4. If buyer withdraws from the purchase agreement according to the article 5.2 of the terms and conditions, seller shall return payment received from buyer in 14 days from buyer's withdrawal from the purchase agreement using the same previously used payment method by buyer. Seller shall have a right to return performance from the purchase agreement to buyer already at the time of the goods return by buyer or through other ways if buyer agrees with such and further costs are not incurred to buyer. If buyer withdraws from the purchase agreement, seller shall not refund buyer unless the goods have been returned or buyer presented a proof of shipping the goods back to seller. Buyer withdrawing from the purchase agreement shall be responsible for decrease in the goods price resulting from improper handling with the goods with respect to their character and properties.

5.5. Seller is allowed to set the goods damage compensation right against buyer's right to receive refund of the purchase price.

5.6. Seller has a right to withdraw from the purchase agreement any time until the goods have been taken over by buyer. In such a case, seller shall refund buyer without unnecessary delays using the wire transfer on the bank account specified by buyer.

5.7. Should buyer receive a gift along with the purchased goods, the gift agreement between seller and buyer contains provisions on termination of the gift agreement–if buyer withdraws from the purchase agreement, the gift agreement expires and buyer shall return the gift along with the goods to seller.

6. Shipping and delivery of the goods

6.1. If buyer requests a special way of shipping, buyer shall bear all risks and potential additional costs related to such a way of shipping.

6.2. If buyer specifies in the order a place of delivery, seller shall deliver the goods to the place according to the purchase agreement and buyer shall take over the goods upon delivery.

6.3. In case of the goods redelivery or a different way of delivery from specification in the order caused by buyer, buyer shall cover costs related to redelivery or different way of delivery.

6.4. At the goods takeover from the shipping company, buyer shall check the packaging for any potential damages and claim the damage with the shipping company without delay. Should the packaging be found damaged as a result of an unauthorized opening the box, buyer does not have to take over the delivery from the shipping company.

6.5. Other goods shipping rights and obligations may be specified in special delivery conditions, if such issued by seller.

7. Incorrect performance of obligations

7.1. Incorrect performance of contractual obligations by either party shall be governed by respective binding regulations (in particular, sections 1914 through to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code). The claim shall be dealt with in 45 days from the date of claim.

7.2. Seller shall guarantee to buyer that, at the handover, no goods are defective. Especially, seller shall guarantee to buyer at the handover that:

7.2.1. the goods have features and characteristics agreed upon by both parties or, if such an agreement is not available, the goods have features and characteristics which seller or manufacturer described, or buyer expected, in terms of the character of the goods based on advertisement performed;

7.2.2. the goods are suitable for the use stated by seller or common use of this kind of the goods;

7.2.3. the goods match agreed sample or template in quality and design, if the quality and design were determined based on agreed sample or template;

7.2.4. the goods are in an appropriate amount, volume or weight and

7.2.5. the goods comply with requirements of legal regulations.

7.3. Provisions of the article no. 7.2 of terms and conditions shall not be applicable if the goods price has been reduced due to a defect (agreed price), in case of common wear and tear, for defects caused by common wear and tear at the time of the handover by buyer or if such is implied by the characteristics of the goods.

7.4. If the defect occurs in 6 months from the handover, the goods shall be considered defective already at the handover.

7.5. Rights from incorrect performance of obligations shall be claimed by buyer at the address of the premises, where claims may be accepted with regard to the range of products sold or, alternatively, at the seller's headquarters or place of business. The date of claim shall be considered the date seller obtained claimed goods from buyer.

7.6. Other rights and obligations related to seller's responsibility for defective goods are stipulated in the Return Policy of seller.

8. Other rights and obligations of contractual parties

8.1. Buyer shall acquire the goods ownership after complete payment of the purchase price for the goods according to the section 2132 of the Civil Code. However, the risk of damage to goods shall be transferred onto buyer at the time of the goods handover.

8.2. Seller shall not be bound by any codes of conduct towards buyer in terms of the provision section 1826, paragraph 1, part e) of the Civil Code.

8.3. Seller is entitled to sell goods based on the license permitting performance of such business activities. A check of the license is performed by an appropriate authority within its scope of activities. Personal data protection is controlled by The Office for Personal Data Protection. The Czech Trade Inspection Authority also performs, within its defined scope of activities, compliance with the Act No. 634/1992 Coll., on consumer protection as amended.

8.4. Buyer shall take over a risk of change of circumstances in terms of section no. 1765, paragraph 2 of the Civil Code.

9. Personal data protection

9.1. Personal data protection of buyer, as a natural person, is granted by the Act No. 101/2000 Coll., on Personal Data Protection as amended.

9.2. Buyer shall agree with processing of the following list of his / her personal details: first name, surname, address, personal ID number, tax number, company name (if applicable), e-mail address and phone number (altogether further referred to as “personal data”).

9.3. Buyer shall agree with his / her personal data processing by seller to realize rights and duties given by the purchase agreement and to administer the user account. If not otherwise requested by buyer, he / she agrees with his / her personal data processing by seller for purposes of sending information and commercial messages to buyer. The agreement on the personal data processing, in its entirety, according to this section shall not be a condition restricting entering into the purchase agreement.

9.4. Buyer shall be aware of his / her duty to state his / her personal details correctly and truly (signing up, user account, ordered placed through the e-shop web interface). Furthermore, buyer shall inform seller without undue delay on any changes to his / her personal details.

9.5. Seller shall have a right to delegate a third party, as a processing party, to process buyer's personal data. With the exception of persons delivering the goods, no other third parties shall be provided buyer's personal details without prior consent of buyer.

9.6. Personal data shall be processed for the indefinite period. Personal data processing shall be either automated in the electronic form or non-automated in the printed form.

9.7. Buyer gives consent that provided personal details are exact and he / she is instructed on the fact that his / her provision of personal details is voluntary.

9.8. If buyer believes that seller or processing party (section 9.5) performs personal data processing that is not in compliance with personal data protection and private life or shall such behavior violate appropriate laws, especially if the data are not accurate regarding the purpose of their processing, buyer has a right to:

9.8.1. ask seller or processing party for clarification,

9.8.2. request that seller or processing party puts such misbehavior in order.

9.9. If buyer requests information on his / her personal data processing, seller shall provide such information to buyer. Seller shall have a right to request an appropriate remuneration for provision of information according to the provision mentioned herein. The remuneration shall not be higher than costs necessary for such provision of information.

10. Commercial messages and cookies policy

10.1. Buyer agrees with receiving information, via e-mail, related to the goods, services or company of seller and with receiving, via e-mail, commercial messages from seller.

10.2. Buyer agrees with saving so called cookies in his / her computer. If the purchase in the e-shop can be done and seller's obligations are fulfilled according to the purchase agreement without saving cookies in the buyer's computer, buyer may waive previous consent related to cookies any time.

11. Delivery

11.1. Buyer's user account e-mail address or e-mail address stated in the order may be used for distribution.

12. Final provisions

12.1. If the business relation based on the purchase agreement involves an international (foreign) subject, both parties agree that the relation shall be governed by the Czech law. Consumer rights stipulated in general legal documents shall not be questioned by the provision in this section.

12.2. If a provision of the terms and conditions is or becomes invalid or ineffective, a new provision, which is similar, with its meaning, to the previous one, shall be drafted instead replacing the invalid or ineffective provision. Invalidity or ineffectivity of one provision shall not affect validity and effectivity of other provisions. Any changes and amendments to the purchase agreement or terms and conditions shall be performed in the written form.

12.3. The purchase agreement, including terms and conditions, shall be stored by seller in a digital form and shall not be accessible to third parties.

12.4. Seller's contact details: delivery address: Discomp s.r.o., Cvokařská 1216/8, 312 00 Plzeň, e-mail address info@discomp.cz, phone 377 221 177.

This document “General Terms and Conditions–consumer” of the company DISCOMP s.r.o. is effective from 1.1.2014.