Terms of Service

trading companies

THUNDER GATE s.r.o., Ráječek 1600/22, 789 01 Zábřeh, Czech Republic

Identification number: 05343445

registered at the Krajský soud v Ostrava, registration number C 67178

for the sale of goods through an online shop located at www.inmart.cz

  1. INTRODUCTORY PROVISIONS

1.1.     These trading terms (‘trading terms’) of the trading company THUNDER GATE s.r.o., Ráječek 1600/22, 789 01 Zábřeh, Czech Republic, ID 053445, registered at the Krajský soud v Ostrava, section C, insert 67178  (hereinafter ‘sellers’) adjust in accordance with the provisions of § 1751(5) of the Code. 1 Act No 89/2012 Coll., Civil Code, as amended (‘Civil Code’) reciprocal rights and obligations of the parties arising in connection with or under a contract of sale (‘contract of sale’) entered into between a seller and another natural person (‘buyer’) via the seller’s online shop. The online store is operated by the seller on a website located at www.inmart.cz (‘website’), through the web page interface (‘the store’s web interface’).

1.2.     Commercial terms do not apply to cases in which the person intending to buy goods from the seller is a legal person or a person acting in order to order goods in the course of his business or as part of his independent professional conduct.

1.3.     Provisions derogating from commercial terms can be negotiated in a purchase agreement. The derogations in the sales contract take precedence over the provisions of the commercial terms.

1.4.     Term of trade provisions are an integral part of the purchase agreement. The purchase agreement and terms of trade are written in Czech. The purchase agreement can be concluded in the Czech language.

1.5.     The wording of commercial terms can be altered or supplemented by the seller. This provision shall be without prejudice to rights and obligations created during the period of application of the previous version of the terms and conditions.

  1. USER ACCOUNT

2.1.      Based on buyer registration made on a website, the buyer can access its user interface. From its user interface, the buyer can perform ordering of goods (‘user account’). If the store’s web interface allows it, the buyer can also order goods without registering directly from the store’s web interface.

2.2.     When registering on a website and ordering goods, the buyer is required to report all the data correctly and truthfully. The data in the user account are required to be updated by the buyer whenever they change.  The data provided by the buyer in the user account and when ordering goods are deemed correct by the seller.

2.3.     Access to a user account is secured by a user name and password. The buyer is required to keep confidential the information necessary to access his user account.

2.4.     The buyer is not authorized to allow third parties to use the user account.

2.5.     The seller can cancel the user account, especially if the buyer has not used his user account for more than 12 months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions of sale).

2.6.     The buyer notes that the user account may not be available around the clock, especially with regard to the necessary maintenance of the seller’s hardware and software, or the necessary maintenance of third-party hardware and software.

  1. CLOSING A WHITE CONTRACT

3.1.     All presentations of goods placed in the trade web interface are informative, and the seller is not obliged to enter into a purchase agreement for those goods. Paragraph 1732(2) of the Sixth Directive provides: 2 of the Civil Code does not apply.

3.2.     The Web-based interface of commerce contains information about goods, including the price of individual goods and the cost of returning goods, if those goods cannot, by definition, be returned through the usual postal channels.  Prices of goods remain valid for as long as they are displayed in the Web-based interface of commerce.  This provision does not limit the seller’s ability to enter into a purchase agreement on individually negotiated terms.

3.3.     The Web-based commerce interface also contains information on the costs of packing and delivering goods.  The information on the costs of packing and delivering goods in the Web-based commerce interface applies only when the goods are delivered within the territory of the Czech Republic.

3.4.     To order goods, buyers fill out an order form in the store’s web interface. In particular, the order form contains information on:

3.4.1.  ordered goods (ordered goods are “inserted” by the buyer into the e-shopping cart of the store’s web interface),

3.4.2.  How the purchase price of goods is paid, details of the required delivery method for the goods ordered, and

3.4.3.  Information on costs associated with the delivery of goods (collectively referred to as “order”).

3.5.     Before sending an order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, including with regard to the buyer’s ability to detect and correct errors made in entering the data into the order.  The order is sent to the buyer by clicking the “OBJECTS” button. The information given in the order is considered correct by the seller. The seller shall immediately upon receipt of the order acknowledge this receipt to the buyer (‘buyer e-mail address’).

3.6.     The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, anticipated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7.     The contractual relationship between seller and buyer arises from the delivery of the receipt of the order (acceptances) sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.

3.8.      Buyers agree to use remote communications when entering into a purchase agreement. The costs incurred by the buyer in using distance communications in connection with the conclusion of the purchase agreement (Internet connection costs, telephone call costs) are borne by the buyer himself, with those costs no different from the base rate.

  1. PRICE OF GOODS AND PAYMENT CONDITIONS

4.1.     The price of the goods and any costs associated with the delivery of the goods under the purchase agreement may be reimbursed by the buyer to the seller in the following ways:

cash on delivery at the place specified by the buyer in the order;

by wire transfer to seller account No 4315478349 / 0800, held at Česká spořitelna, a.s. for CZK or IBAN: CZ6908000000004315478349,  SWIFT: GIBACZPXXXX for EUR (hereinafter ‘seller account’);

4.2.     Along with the purchase price, the buyer is also required to pay the seller the costs of packing and delivering the goods at the agreed-upon rate. Unless explicitly stated otherwise, the purchase price is further understood as well as the cost of delivering the goods.

4.3.     The seller does not require the buyer to make an advance or other similar payment.  This is without prejudice to the provisions of Article 4.6 of the Commercial Conditions on the obligation to pay the purchase price of the goods upfront.

4.4.     In the case of a cash payment, or in the case of a charge on delivery, the purchase price is payable on receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 14 days of the closing of the purchase agreement.

4.5.     In the case of a non-cash payment, the buyer is required to pay the purchase price of the goods, together with an indication of a variable payment symbol. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.

4.6.     The seller is entitled, especially if there is no additional confirmation of the order by the buyer (Art. 3.6), require payment of the full purchase price before shipping the goods to the buyer. Paragraph 2119(2) of the Sixth Directive provides: 1 of the Civil Code does not apply.

4.7.     Any discounts on the price of goods given to the seller to the buyer cannot be combined.

4.8.    If this is usual in the course of trade, or is provided for by generally binding law, the seller issues the buyer a tax document – an invoice – for payments made under the purchase agreement. The seller is a payer of value-added tax. Tax voucher – the invoice is issued by the seller to the buyer after the price of the goods has been paid and sent electronically to the buyer’s e-mail address.

4.9.     Under the Sales Record Act, the seller is required to issue a receipt to the buyer. It is also required to record receipts with the tax administration online; in

  1. WITHDRAWAL FROM WHITE CONTRACTS

5.1.     The buyer notes that, under the provisions of Section 1837 of the Civil Code, one cannot, among other things, withdraw from a contract of sale for the delivery of goods that have been adjusted to or for the buyer, from a contract of sale for the delivery of perishable goods, as well as goods that have been irrevocably mixed with other goods after delivery, from a contract of sale for the delivery of closed-package goods that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and from a contract of sale for the delivery of goods audio or video recordings or a computer program if it has violated their original packaging.

5.2.     If this is not the case in Art. 5.1 terms of trade or any other case in which the purchase agreement cannot be withdrawn, the buyer has a right of withdrawal under Clause 1829(a). 1 of the Civil Code, the right to withdraw from the purchase agreement, within fourteen (14) days of receipt of the goods, with the time running from the date of receipt of the last delivery of the goods if the purchase agreement concerns several types of goods or the delivery of several parts. Withdrawal from the purchase agreement must be sent to the seller within the deadline specified in the previous sentence. To withdraw from a purchase agreement, the buyer can use a model form provided by the seller to attach to the terms of the sale.  Withdrawal from the purchase agreement can be sent by the buyer, among other things, to the address of the seller’s establishment or to the e-mail address of the seller info@inmart.cz

5.3.     In the case of withdrawal from the purchase agreement under Art. 5.2 of the terms and conditions of sale are cancelled from the outset. The goods must be returned to the buyer seller within fourteen (14) days of delivery of the withdrawal of the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned because of their nature through the usual postal channels.

5.4.     In the case of withdrawal from the purchase agreement under Art. 5.2 of the business terms, the seller returns the cash received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase agreement, in the same way that the seller received it from the buyer. The seller is also entitled to return the benefit provided by the buyer as soon as the goods are returned to the buyer or otherwise, provided the buyer agrees and there is no additional cost to the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods to him or proves that he has dispatched the goods to the seller.

5.5.      The seller is entitled to set off unilaterally against the buyer’s claim for repayment of the purchase price.

5.6.      In cases where the buyer has §1829(2) of the Financial Regulation. 1 Civil Code right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, until the buyer takes over the goods. In that case, the seller will return the purchase price to the buyer without undue delay, without cash, into an account specified by the buyer.

5.7.    If a gift is given to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a disclaimer that if the buyer withdraws from the purchase agreement, the gift agreement becomes ineffective with the goods and the buyer is obliged to return the gift to the seller, along with the goods.

  1. TRANSPORT AND SUPPLY OF GOODS

6.1.    In the event that a mode of transportation is agreed upon at the specific request of the buyer, the buyer bears the risk and any additional costs associated with that mode of transportation.

6.2.     If the seller is required by the purchase agreement to deliver the goods to a location specified by the buyer in the order, the buyer is required to take the goods on delivery.

6.3.     If, for reasons on the buyer’s part, goods have to be delivered repeatedly or in a different way than specified in the order, the buyer is required to pay the costs of re-delivering the goods or the costs associated with another delivery method.

6.4.    When a carrier accepts goods, the buyer is required to check the integrity of the goods’ packaging and, in the event of any defects, notify the carrier immediately. In the event of a finding of a packaging violation indicating unauthorized entry into the shipment, the buyer may not accept the shipment from the shipper.

6.5.     Further rights and obligations of the parties in the carriage of goods may govern the seller’s special delivery terms when they are issued to the seller.

  1. RIGHTS FROM THE WAY FORWARD

7.1.     The rights and obligations of contracting parties over defective performance rights are governed by relevant generally binding law (in particular, the provisions of §§ 1914 to 1925, 2099 to 2117, and §§ 2161 to 2174 of the Civil Code and Act No. 634/1992 on Consumer Protection, as amended).

7.2.     The seller responds to the buyer that the goods have no defects when they are taken over. In particular, the seller responds to the buyer that at the time the buyer took over:

7.2.1.  A good has the characteristics that the parties have agreed and, in the absence of an arrangement, has the characteristics that the seller or manufacturer described or the buyer expected, given the nature of the good and on the basis of advertising by them,

7.2.2.  goods are fit for the purpose that the seller states for their use or that goods of this kind are usually used for;

7.2.3.  goods correspond to the quality or execution of the agreed sample or draft, if the quality or execution was determined by the agreed sample or draft,

7.2.4.  is goods of the appropriate quantity, degree or weight, and

7.2.5.  goods meet legal requirements.

7.3.     The provisions in Art. 7.2 Commercial terms do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to second-hand goods for a defect corresponding to the degree of use or wear that the goods had when they were taken over by the buyer, or where this is due to the nature of the goods.

7.4.     If a defect is discovered within six months of takeover, the goods are deemed to have been defective at the time of takeover. The buyer is entitled to claim a right for a defect that occurs in consumer goods within twenty-four months of taking over.

7.5.     Further rights and obligations for parties related to the seller’s liability for defects can be regulated by the seller’s complaints order.

  1. OTHER RIGHTS AND OBLIGATIONS OF CONTRACTING PARTIES

8.1.     The buyer takes ownership of the goods by paying the entire purchase price of the goods.

8.2.     The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826(2) of the Act. 1 (e) of the Civil Code.

8.3.     The handling of consumer complaints is provided by the seller through the e-mail address info@inmart.cz The seller sends the information about the handling of the buyer’s complaint to the buyer’s e-mail address.

8.4.     The Czech Trade Inspectorate, based at Stephen 567/15, 120 00 Prague 2, ID:  The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between seller and buyer from a purchase agreement.

8.5.      European Consumer Center Czech Republic, located at Stephen 567/15, 120 00 Prague 2, Internet address: http://www.eurospotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on consumer dispute resolution online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).

8.6.     The seller is authorized to sell goods under a business license. The trade inspection is carried out within the scope of the competent trade office. The Privacy Office supervises the area of personal data protection. The Czech Trade Inspectorate carries out, to a limited extent, inter alia, supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7.     The buyer thus assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Financial Regulation. 2 Civil Code.

  1. PERSONAL DATA PROTECTION

9.1.     The protection of personal data of a buyer who is a natural person is provided by Law 101/2000 Coll., on the protection of personal data, as amended.

9.2.     Buyers agree to process their personal data as follows: first and last name, home address, identification number, tax identification number, e-mail address, telephone number, and date of birth (all together referred to as “personal data”).

9.3.     The buyer agrees to process personal data by the seller, for the purposes of exercising the rights and obligations of the purchase agreement and for the purposes of maintaining the user account. Unless the buyer chooses otherwise, he agrees to process personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition which in itself would preclude the conclusion of a contract of sale.

9.4.     The buyer notes that he is required to report his personal data (at registration, in his user account, on an order made from the store’s web interface) correctly and truthfully, and that he is required to inform the seller of the change in his personal data without undue delay.

9.5.     The seller can assign a third party, as a processor, to process the buyer’s personal data. Apart from the persons transporting the goods, personal data will not be transferred to third parties by the seller without the buyer’s prior consent.

9.6.     Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated way or in printed form in a non-automated way.

9.7.     The buyer confirms that the personal data provided is accurate and that he has been instructed that it is a voluntary disclosure of personal data.

9.8.      If the buyer believes that the seller or processor (Art. 9.5) carries out processing of his personal data that is contrary to the protection of the buyer’s private and personal life or contrary to the law, especially if the personal data are inaccurate as to the purpose of their processing, he can:

9.8.1.  Ask the seller or processor for an explanation

9.8.2.  Require the seller or processor to remove the resulting condition.

9.9.     If a buyer asks for information about the processing of his or her personal data, the seller is required to give that information to him or her. The seller shall have the right to claim reasonable compensation not exceeding the costs necessary to provide the information in accordance with the preceding sentence.

  1. STORAGE OF COMMERCIAL COMMUNICATIONS AND COOKIES CLOSING

10.1. The buyer agrees to send information related to the seller’s goods, services, or business to the buyer’s e-mail address, and further agrees to send commercial communications to the seller at the buyer’s e-mail address.

10.2. The buyer agrees to store so-called cookies on his computer. If a purchase can be made on a website and the seller’s obligations under the purchase agreement can be fulfilled without storing so-called cookies on the buyer’s computer, the buyer can revoke the consent at any time, according to the previous sentence.

  1. RECOMMENDATIONS

11.1. can be delivered to the buyer’s e-mail address.

  1. FINAL PROVISIONS

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties negotiate that the relationship is governed by Czech law.

12.2. by the choice of law under Art. 12.1 The commercial terms shall not deprive the consumer of the protection afforded to him by provisions of the legal order which cannot be derogated from by contract and which, in the absence of choice of law, would otherwise have been applicable under the provisions of Article L. 6, par. 1 Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.3. If a provision in the terms of trade is invalid or ineffective, or becomes so, a provision will take the place of the invalid provisions, the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

12.5. A standard form for withdrawal from a purchase agreement is attached to the Terms of Service.

12.6. contact details of the seller: address for delivery THUNDER GATE s.r.o., Ráječek 1600/22, 789 01 Zábřeh, e-mail address info@inmart.cz

In the West Bank on 1 September 2021