Terms and Conditions
These General Terms and Conditions (GTC) govern the mutual rights and obligations between the parties:
The Provider, i.e. The Chapter s.r.o. with registered office at Jindřišská 941/24, 110 00 Prague 1, VAT No.: 08930783, tel: 608 530 900, e-mail: firstname.lastname@example.org, website: www.telefonaut.com (hereinafter referred to as the “Website”)
The Customer, i.e. a natural or legal person who concludes a purchase or lease contract with the Provider.
The subject of the contract is the Telefonaut electronic device (hereinafter referred to as “Equipment”). The contract is concluded by purchasing or renting the Equipment via the website, or by using e-mail or other means.
- The customer makes the purchase on the website under the Buy tab (https://telefonaut.com/en/buy/)
- By purchasing, the Customer confirms that he/she has familiarized himself/herself with the content of the Terms and Conditions and has been provided with all the necessary information, rights and obligations related to the provided service and goods in a comprehensible manner.
- By purchasing the Equipment, the Customer confirms that he/she is eligible and entitled to enter into a contract on the agreed terms.
- The Provider arranges the sale and delivery of the Equipment to the Customer.
- Each purchase contract is concluded for a definite period of time, i.e. for the period until delivery of the goods to the Customer.
- The provisions of the Terms and Conditions as published on the website at the time of conclusion of the Purchase Contract are always an integral part of the Purchase Contract and each Buyer, by ordering the Goods, confirms their binding effect on the contractual relationship created by the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language for Czech transactions and in English for other transactions.
CONCLUSION OF THE PURCHASE CONTRACT
- The website contains information about the goods, including prices. The prices of the goods are inclusive of value added tax and all related charges except for the cost of delivery of the goods (shipping, postage). The Provider reserves the right to continuously update the offer of goods and the price of goods, according to its business and operational needs. This provision does not limit the Provider’s ability to conclude a purchase contract on individually agreed terms.
- Customer’s rights and obligations when purchasing Equipment
- The Customer undertakes to accept the Equipment and pay the Provider the purchase price.
- Ownership of the Equipment shall pass to the Customer upon payment of the purchase price and acceptance of the Equipment.
- The Customer acknowledges that the software and other components forming the web interface of the shop (including photographs of the offered Equipment) are protected by copyright.
- Provider’s rights and obligations when selling the Equipment
- The Provider is obliged to provide or deliver the Equipment.
- The obligation to supply the Equipment shall be discharged in the event of the Seller running out of stock, of which the Customer shall be informed.
- The Provider is entitled to sell the Goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority.
- The Provider will ship the Equipment no later than 3 business days after the order is placed via the website, if the ordered Equipment is in stock.
- The Provider shall not be liable for any delay in delivery caused by the carrier.
- The device is protected by a 12-month warranty from the date of purchase. If the Equipment fails during the warranty period, the Customer has the right to repair or replace it with a new unit. The warranty does not cover damages caused by own or third party fault or improper handling.
- The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding regulations.
- All claims shall be settled within 30 days from the date of the claim.
- The costs of returning the goods (postage and packing) shall be borne by the Customer, unless otherwise agreed in advance.
- In the event that the Equipment exhibits a defect which by its nature constitutes a material breach of the purchase/lease agreement, the Customer shall be entitled to demand, at its sole discretion, either:
- removal of the defect by delivery of new goods without defect (replacement of damaged goods with new ones) or
- remedy the defect by repairing the goods or
- a reasonable discount on the purchase price or
- withdraw from the contract – in the case of withdrawal from the contract, the money will be refunded to the Customer within 30 days of the return of the goods.
- Customer – natural person:
- He shall be entitled to exercise the right to claim for defects in the goods that occur in the Equipment within 12 months of receipt.
- According to the provisions of Section 1837 (d) of the Civil Code, the customer – consumer does not have the right to withdraw from the purchase contract for the supply of goods that have been manufactured to order (hereinafter referred to as Custom Manufacturing). Custom-made goods are in particular goods which are not prefabricated and which are produced on the basis of an individual choice or decision of the Customer. The fact that the goods are Custom Made is explicitly stated by the Seller in the specific goods concerned.
- Customer – legal entity:
- He shall be entitled to claim the right to claim for defects in the goods that are present on the Equipment at the time of acceptance.
- The Customer – a legal entity – is obliged to inspect the Equipment without delay and to point out any defects that can be detected by the inspection without undue delay.
DELIVERY AND PAYMENT TERMS
- If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Provider shall issue a tax document – invoice to the Customer. The Provider is a payer of value added tax. The Provider shall issue the tax document to the Customer after payment of the price of the goods and send it by e-mail to the Customer together with the order confirmation.
- In case of non-receipt of payment by the Customer, the Provider may contact the Customer with a request for payment, including sending an e-mail. Failure to pay within 3 days of completion of the order will result in non-acceptance of the offer contained in the order.
- Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined with each other.
- The total time of delivery of the goods to the Customer consists of the time of preparation of the order for transport by the Provider and delivery of the goods by the carrier. The delivery time for delivery of the goods to the Customer is a maximum of 14 working days, unless a shorter time is specified in the description of the goods or in the order.
- Delivery is possible within the Schengen area and the cost of delivery is borne by the Provider.
- In the event that the method of delivery is agreed upon on the basis of a special request of the Customer, the Customer bears the risk and any additional costs associated with this method of delivery.
- In the event that for reasons on the Customer’s side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Customer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
- On receipt of the goods from the carrier, the Customer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of packaging indicating unauthorized entry into the shipment, the Customer may not accept the shipment from the carrier.
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from contracts.
- The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
- If the relationship established by the contract between the Provider and the Customer 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 the rights of the consumer under generally binding legislation.
- The Provider may change or supplement the wording of these Terms and Conditions. This provision shall not affect rights and obligations arising during the period of validity of the previous version of the conditions.
These terms and conditions take effect on 25.4.2023.