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    Terms and conditions

    TERMS AND CONDITIONS


    of the company SVARMETAL s. r. o.

    with its registered office at Frýdecká 819/44, Vratimov, 73932, Czech Republic

    identification number: 26850036

    registered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 50391

    for the sale of goods through the online store located at the internet address www.kowax.cz

    1. INTRODUCTORY PROVISIONS

    1.1. These terms and conditions (hereinafter referred to as the "Terms and Conditions") of the company SVARMETAL s. r. o., with its registered office at Frýdecká 819/44, Vratimov, 73932, identification number: 26850036, entered in the Commercial Register kept by the Regional Court in Ostrava, Section C, File 50391 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the seller on a website located at the internet address www.kowax.cz (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “web interface of the store”).

    1.2. The terms and conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of their business activity or as part of their independent profession.

    1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

    1.4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

    1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

    2. USER ACCOUNT

    2.1. Based on the Buyer's registration on the website, the Buyer may access his/her user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as the "user account"). The Buyer may also order goods without registration directly from the web interface of the store.

    2.2. When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the user account in the event of any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.

    2.3. Access to the user account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.

    2.4. The Buyer is not entitled to allow third parties to use the user account.

    2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 24 months, or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).

    2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

    3. CONCLUSION OF THE PURCHASE CONTRACT

    3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.

    3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if the goods cannot be returned by regular mail due to their nature. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period when they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.

    3.3. The web interface of the store also contains information about the costs associated with packaging and delivery of the goods. The information about the costs associated with packaging and delivery of the goods specified in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

    3.4. To order the goods, the buyer fills out the order form in the web interface of the store. The order form contains in particular information about:

    3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

    3.4.2. the method of payment for the purchase price of the goods, information on the requested method of delivery of the ordered goods and breath associated with the delivery of goods (hereinafter collectively referred to as the “order”).

    In the event of a price being stated where it is obvious that there is an error in writing and numbers, this price is not binding and the purchase contract is not concluded.

    3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, including with regard to the buyer’s ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the “Complete order” button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s e-mail address”).

    3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated 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 the Seller and the Buyer arises upon delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

    3.8. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the Buyer himself, and these costs do not differ from the basic rate.

    4. PRICE OF GOODS AND PAYMENT TERMS

    4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
    in cash at the seller's premises at Skotnice 265, 742 59;
    in cash on delivery at the location specified by the buyer in the order;
    by bank transfer to the seller's account no. 86-6434030247/0100, maintained at Komerční banka, a.s (hereinafter referred to as the "seller's account").

    4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless otherwise expressly stated, the purchase price also includes the costs associated with the delivery of the goods.

    4.3. The seller does not require an advance payment or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

    4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract.

    4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.

    4.6. The seller is entitled, in particular if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code do not apply.

    4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

    4.8. If it is customary in business or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.

    4.9. According 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 sales with the tax administrator online; in the event of a technical failure, no later than within 48 hours.

    5. WITHDRAWAL FROM THE PURCHASE CONTRACT

    5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and cannot be returned for hygiene reasons, and a purchase contract for the supply of audio or video recordings or computer programs if their original packaging has been damaged.

    5.2. Unless this is the case specified in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several

    3.4.3. information on the cost parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is an annex to the terms and conditions. The buyer can send the withdrawal from the purchase contract, among others, to the address of the seller's business premises or to the seller's e-mail address eshop@kowax.cz

    5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.

    5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Seller.

    5.5. The Seller is entitled to unilaterally offset the claim for compensation for damage incurred to the goods against the Buyer's claim for refund of the purchase price.

    5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, in cashless form to the account designated by the buyer.

    5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase contract, the gift contract regarding such gift shall cease to be effective and the buyer is obliged to return the gift provided to the seller together with the goods.

    The form for withdrawal from the purchase contract can be downloaded here.

    6. TRANSPORT AND DELIVERY OF GOODS

    6.1. If the method of transport is agreed upon based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.

    6.2. 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 accept the goods upon delivery.

    6.3. If, for reasons on the buyer's part, the goods must be delivered repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.

    6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.

    6.5. Other rights and obligations of the parties during the transport of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

    7. RIGHTS FROM DEFECTIVE PERFORMANCE

    7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended).

    7.2. The seller is responsible to the buyer that the goods are free from defects upon acceptance. In particular, the seller is responsible to the buyer that at the time the buyer accepted the goods:

    7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such an agreement, they have the properties described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

    7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,

    7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,

    7.2.4. the goods are in the appropriate quantity, measure or weight and

    7.2.5. the goods comply with the requirements of legal regulations.

    7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from weights of goods.

    7.4. If a defect becomes apparent within six months of receipt, it is considered that the goods were defective upon receipt. The buyer is entitled to exercise the right to a defect that occurs with consumer goods within twenty-four months of receipt.

    7.5. The buyer exercises the rights arising from defective performance with the seller at the address of his business premises, where the acceptance of a complaint is possible with regard to the range of goods sold, or possibly also at the registered office or place of business.

    7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

    8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

    8.1. The buyer acquires ownership of the goods by paying the full 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 the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.

    8.3. The Seller shall handle consumer complaints via the electronic address eshop@kowax.cz. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

    8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is responsible for the out-of-court resolution of consumer disputes arising from the purchase contract. The platform for online dispute resolution located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.

    8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point pursuant to 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).

    8.6. The Seller is authorised to sell goods on the basis of a trade licence. Trade licence control is carried out within its scope by the relevant trade licensing authority. Supervision of the area of ​​personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

    9. PROTECTION OF PERSONAL DATA

    9.1. The Seller processes the Buyer's personal data. More information on such processing can be found in the Personal-data-information-obligation section

    10. FINAL PROVISIONS

    10.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.

    10.2. By choosing the law according to this article of the Terms and Conditions, the consumer is not deprived of the protection provided to him by the provisions of the legal order from which he cannot contractually deviate and which, in the absence of a choice of law, would otherwise apply according to the provisions of Article 6(1) of 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).

    10.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

    10.4. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

    10.5. The appendix to the Terms and Conditions consists of a model form for withdrawal from the purchase contract.

    10.6. Seller's contact details: delivery address Svarmetal s.r.o. Jičínská 1733, Příbor 74258 e-mail address eshop@kowax.cz phone +420 604 644 032

    Addendum: (if you send MIG machines for repair or complaint, always remove the wire spool, if it is not removed and the spool carrier is damaged during transport, we will be forced to charge you for the subsequent repair)

    In Sktotnice on 01.12.023