TERMS

1. Introductory Provisions

1.1. These Conditions of Business (hereinafter referred to as the “Conditions of Business”) of the trading company ETS Trains s r.o., with registered seat at Komořanská 326/63, 14300 Praha 4, identification no.: 04328841, registered in the Commercial Register maintained by the Municipal Court in Prague(hereinafter referred to as the “vendor”) outline the mutual rights and obligations of the contracting parties originating in connection with or on the basis of the Contract of Purchase (hereinafter referred to as the “Contract of Purchase”) concluded between the vendor and another natural person or legal entity (hereinafter referred to as the “purchaser”) via the internet store of the vendor. The internet store is operated by the vendor at the internet address www.ets.cz, by means of a web interface (hereinafter referred to as the “web business interface”).

1.2. The Conditions of Business further outline the rights and obligations of the contracting parties upon use of the website of the vendor located at the address www.ets.cz/en/terms/ (hereinafter referred to as the “website”) and other connected legal relationships. The Conditions of Business do not relate to cases in which a subject who intends to purchase goods from the vendor acts within the framework of its commercial activity upon ordering goods.

1.3. Provisions which deviate from the Conditions of Business may be arranged within the Contract of Purchase. The deviating provisions in the Contract of Purchase have priority over the provisions of the Conditions of Business.

1.4. The provisions of the Conditions of Business are an integral component of the Contract of Purchase. The Contract of Purchase and the Conditions of Business are produced in Czech language. The Contract of Purchase may be concluded in Czech language.

1.5. The vendor may amend or supplement the wording of the Conditions of Business. This provision does not affect the rights and obligations established during the period of effectiveness of the previous wording of the Conditions of Business.

2. User Account

2.1. On the basis of the registration of the purchaser effected on the website, the purchaser may access its user interface. The purchaser may then order goods from its user interface (hereinafter referred to as the “user account”). In the case that the web business interface so allows, the purchaser may also order goods without registration, directly from the web business interface.

2.2. Upon registration on the website and when ordering goods, the purchaser is obliged to state all data truthfully and accurately. Upon any change the purchaser is obliged to update the data stated in the user account. The vendor considers the data stated by the purchaser in the user account and when ordering goods to be correct.

2.3. Access to the user account is secured by a user name and password. The purchaser is obliged to maintain confidentiality with regard to the information required to access its user account, and acknowledges that the vendor bears no liability for breach of this obligation on the part of the purchaser.

2.4. The purchaser is not authorised to enable third parties to use the user account.

2.5. The vendor may cancel the user account, especially in the case that the purchaser does not use its use its user account for longer than 12 months, or in the case that the purchaser breaches its obligations as ensue from the Contract of Purchase (including the Conditions of Business).

2.6. The purchaser acknowledges that the user account may not be constantly accessible, especially with regard to necessary maintenance of the hardware and software equipment of the vendor, or necessary maintenance of the hardware and software equipment of third parties.

3. Conclusion of Contract of Purchase

3.1. The web business interface contains a list of goods offered by the vendor for sale, including the prices of the individual offered goods. The prices of the offered goods are stated including value added tax and all connected charges. The offer of sale of goods and the price of the goods remain valid throughout the period during which they are displayed on the web business interface. This provision does not restrict the vendor’s option to conclude a Contract of Purchase under individually arranged conditions. All offers of sale of goods placed on the web business interface are non-binding, and the vendor is not obliged to conclude a Contract of Purchase with regard to these goods.

3.2. The web business interface also contains information about the costs in connection with the packaging and delivery of goods. Information about the costs in connection with the packaging and delivery of goods stated on the web business interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. For ordering goods, the purchaser shall fill in an order form on the web business interface. The order form contains especially information about:

3.3.1. ordering of goods (the purchaser “places” ordered goods in an electronic shopping basket on the web business interface),

3.3.2. method of payment of the purchase price for goods, data on the required method of delivery of ordered goods,

3.3.3. information about costs in connection with delivery of goods (hereinafter referred to jointly as the “order form”).

3.4. Before sending the order form to the vendor, the purchaser has the option of checking and amending the data it has entered in the order form, with regard to the purchaser’s option of determining and correcting errors ensuing when entering data into the order form. The purchaser shall send the order form to the vendor by clicking on the button “Confirm Order”. The vendor considers the data stated in the order form to be correct. After receiving the order form, the vendor shall confirm such receipt to the purchaser without delay by e-mail, to the e-mail address of the purchaser stated in the user interface or in the order form (hereinafter referred to as the “e-mail address of the purchaser”).

3.5. The vendor is always authorised, depending on the character of the order (quantity of goods, amount of purchase price, envisaged costs for transit), to request additional confirmation of the order from the purchaser (for example in writing or by telephone).

3.6. The contractual relationship between the vendor and the purchaser is established upon delivery and receipt of the order form (acceptance), which is sent to the purchaser by e-mail, to the e-mail address of the purchaser.

3.7. The purchaser acknowledges that the vendor is not obliged to conclude a Contract of Purchase, especially with subjects who have previously breached their obligations towards the vendor in a fundamental manner.

3.8. The purchaser agrees to the use of means of long-distance communications upon conclusion of the Contract of Purchase. The costs incurred by the purchaser upon the use of means of long-distance communication in connection with the conclusion of the Contract of Purchase (costs for internet connection, costs for telephone calls) shall be paid by the purchaser.

4. Price of Goods and Conditions of Payment

4.1. The purchaser may pay the price of goods and any applicable costs in connection with the delivery of goods according to the Contract of Purchase by the following methods:

• in cash at the premises of the vendor at the address Komořanská 326/63, 14300 Prague 4;
• by cash-free transfer into the EUR account of the vendor no. 115-0991080207, Bank Code: 0100, IBAN: CZ05 0100 0001 1509 9108 0207, SWIFT: KOMBCZPPXXX, held at the company Komerční banka, a.s. or into the GBP account no 115-0991250237, Bank Code: 0100, IBAN: CZ11 0100 0001 1509 9125 0237, SWIFT: KOMBCZPPXXX, held at the company Komerční banka, a.s. (hereinafter referred to as the “vendor’s account”);
• cash-free by payment card or Paypal;
• by means of credit provided by a third party.

4.2. Together with the purchase price, the purchaser is also obliged to pay the vendor costs in connection with the packaging and delivery of goods at the contractual amount. Unless explicitly stated otherwise, this is further considered to mean the purchase price together with the costs in connection with the delivery of the goods.

4.3. In the case of payment in cash or in the case of cash on delivery, the purchase price is due upon receipt of goods. In the case of cash-free payment, the purchase price is due within 14 days of the conclusion of the Contract of Purchase.

4.4. In the case of cash-free payment, the purchaser is obliged to pay the purchase price of the goods together with stating the variable symbol of the payment. In the case of cash-free payment, the purchaser’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount into the vendor’s account.

4.5. The vendor is authorised, especially in the case that the purchaser fails to provide additional confirmation of the order form (article 3.5), to demand payment of the full purchase price before sending goods to the purchaser.

4.6. Any discounts on the price of goods provided by the vendor to the purchaser cannot be mutually combined.

4.7. If it is customary in business contact, or if stipulated by the generally binding legal prescriptions, the vendor shall compile a tax document – invoice with regard to payments made on the basis of the Contract of Purchase. The vendor is a payer of value added tax. The vendor shall compile the tax document – invoice following payment of the price of the goods, and shall send it in electronic form to the e-mail address of the purchaser.

5. Withdrawal from Contract of Purchase

5.1. The purchaser acknowledges that according to the provision of Section 53 paragraph 8 of Act no. 40/1964 Coll., Commercial Code, as amended by the later prescriptions (hereinafter referred to as the “Commercial Coe”), it is not possible amongst other matters to withdraw from a Contract of Purchase for delivery of goods which are modified according to the wishes of the purchaser.

5.2. Unless it concerns a case stated in article 5.1 or another case in which it is not possible to withdraw from a Contract of Purchase, the purchaser has the right to withdraw from a Contract of Purchase in accordance with the provision of Section 53 paragraph 7 of the Commercial Code, within fourteen (14) days of receipt of the goods. The purchaser must send withdrawal from the Contract of Purchase inter alia to the address of the operating premises of the vendor or to the e-mail address of the vendor zuzana@ets.cz .

5.3. In the case of withdrawal from a contract according to article 5.2 of the Conditions of Business, the Contract of Purchase is cancelled from the beginning. Goods must be returned to the vendor within 30 working days of the sending of withdrawal from the contract to the vendor at buyer's cost. The goods must be returned to the vendor undamaged and unused, and if possible within the original packaging.

5.4. The vendor is authorised to conduct a review of the returned goods within a period of fifteen (15) days of the return of the goods by the purchaser according to article 5.3 of the Conditions of Business, especially for the purpose of determining whether the returned goods are damaged, worn or partially consumed.

5.5. In the case of withdrawal from the contract according to article 5.2 of the Conditions of Business, the vendor shall return the fulfilment provided by the purchaser to the purchaser within ten (10) days of the end of the period for review of goods according to article 5.4 of the Conditions of Business, and no later than thirty (30) days from the delivery of withdrawal from the Contract of Purchase, in cash-free form into the account designated by the purchaser. The vendor is also authorised to return the fulfilment provided by the purchaser immediately upon return of the goods by the purchaser.

5.6. The purchaser acknowledges that if the goods returned by the purchaser are damaged, worn or partially consumed, the vendor shall obtain the right to compensation for damages thus incurred from the purchaser. The vendor is authorised to clear the costs for compensation of incurred damages unilaterally against the claim of the purchaser for return of the purchase price.

5.7. Until the time of receipt of the goods by the purchaser, the vendor is authorised to withdraw from the Contract of Purchase at any time. In such a case, the vendor shall return the purchase price to the purchaser without unnecessary delay, in cash-free form into the account designated by the purchaser.

5.8. If a gift is provided to the purchaser together with the goods, a Contract of Donation is concluded between the vendor and the purchaser with a condition of cancellation that in the case of withdrawal from the Contract of Purchase by the consumer, the Contract of Donation concerning such a gift becomes ineffective, and the purchaser is obliged to return the provided gift to the vendor together with the goods.

6. Transit and Delivery of Goods

6.1. The method of delivery of goods is designated by the vendor, unless stipulated otherwise in the Contract of Purchase. In the case that the means of transport is contracted on the basis of a request from the purchaser, the purchaser bears the risk and any applicable additional costs in connection with this means of transport.

6.2. If the vendor is obliged to deliver goods to the location specified by the purchaser in the order form according to the Contract of Purchase, the purchaser is obliged to take on the goods upon delivery. If the purchaser fails to take on the goods upon delivery, the vendor is authorised to demand a storage fee of CZK 200.00 (in words: two hundred Czech crowns), or is authorised to withdraw from the Contract of Purchase.

6.3. In the case that it is necessary to deliver goods repeatedly or by a different method from that stated in the order for any reasons on the part of the purchaser, the purchaser is obliged to pay the costs in connection with the repeated delivery of goods or the costs in connection with the different method of delivery.

6.4. Upon receipt of the goods from the forwarder, the purchaser is obliged to check that the packaging of the goods has not been breached, and in the case of any defects is obliged to inform the forwarder of this without delay. In the case that the packaging is found to be breached, attesting to unauthorised access to the consignment, the purchaser is not obliged to receive the consignment from the forwarder. By signing the delivery slip the purchaser confirms that the packaging of the consignment containing the goods was not breached.

6.5. Further rights and obligations of the parties upon transit of goods may be outlined by the separate delivery conditions of the vendor, if issued.

7. Liability for Defects, Warranty

7.1. The rights and obligations of the contracting parties with regard to liability of the vendor for defects, including the warranty liability of the vendor, are governed by the relevant generally binding prescriptions (in particular the provision of Section 612 and subsequent of the Commercial Code).

7.2. The vendor is liable to the purchaser for ensuring that the sold item is in accordance with the Contract of Purchase, and especially that it has no defects. Accordance with the Contract of Purchase is understood to mean that the sold item has the quality and use properties required by the contract, described by the vendor, the manufacturer or its representative, or expected on the basis of the advertisement of these parties, or the quality and use properties customary for an item of this type, that it corresponds to the requirements of the legal prescriptions, is in the corresponding quantity, degree or weight and corresponds to the purpose which the vendor states for the use of this item, or for which the item is usually used.

7.3. In the case that the item is not in accordance with the Contract of Purchase upon receipt by the purchaser (hereinafter referred to as “discrepancy with the Contract of Purchase”), the purchaser has the right to demand that the vendor brings the item into a condition corresponding to the Contract of Purchase free of charge and without delay, and according to a request from the purchaser either by replacement or repair of the item; if such a procedure is not possible, the purchaser may demand a commensurate discount on the price of the item or withdraw from the contract. This does not apply in the case that the purchaser was aware of the discrepancy with the Contract of Purchase in advance, or if the purchaser caused the discrepancy with the Contract of Purchase itself. A discrepancy with the Contract of Purchase which appears within six (6) months of the date of receipt of the receipt of the item is considered to be a discrepancy existing already at the time of its receipt, unless this is in contradiction with the nature of the item or unless the opposite is demonstrated.

7.4. Unless this concerns an item which perishes quickly or a used item, the vendor is liable for defects which appear as a discrepancy with the Contract of Purchase following receipt of the item within the guarantee period (warranty).

7.5. The rights of the purchaser ensuing from the liability of the vendor for defects, including the warranty liability of the vendor, are applied by the purchaser at the address of the operational premises of the vendor at Ke Spofě 7-9, 14300  Praha 4. The moment of application of the reclaim is considered to be the moment at which the vendor received the reclaimed goods from the purchaser.

7.6. Further rights and obligations of the parties in connection with the liability of the vendor for defects are outlined by the reclaims regulations of the vendor.

8. Other Rights and Obligations of the Contracting Parties

8.1. The purchaser acquires ownership of the goods by payment of the full purchase price of the goods.

8.2. The purchaser acknowledges that the program equipment and other components forming the web business interface (including photographs of the offered goods) are protected by copyright. The purchaser is obliged not to perform any activity which could enable it or third parties to interfere with or use the program equipment or other components forming the web business interface in an unauthorised manner.

8.3. The purchaser is not authorised upon use of the web business interface to use mechanisms, program equipment or other procedures which could have a negative influence on the operation of the web business interface. The web business interface may be used only within a scope which is not at the expense of the rights of the other customers of the vendor, and which is in accordance with its designation.

8.4. The vendor is not bound by any codes of conduct in its relationship with the purchaser in the sense of the provision of Section 53a paragraph 1 of the Commercial Code.

8.5. The purchaser acknowledges that the vendor does not bear liability for errors ensuing as a consequence of interventions with the website on the part of third parties, or as a consequence of use of the website in a manner which is in conflict with its designation.

9. Personal Data Protection and Sending of Business Communication

9.1. Protection of the personal data of the purchaser, who is a natural person, is provided by Act no. 101/2000 Coll., on personal data protection, as amended by the later prescriptions.

9.2. The purchaser agrees to the processing of the following personal data: first name and surname, address of residence, business identification number, tax identification number, e-mail address, telephone number (hereinafter referred to jointly as “personal data”).

9.3. The purchaser agrees to the processing of the personal data by the vendor for the purposes of implementing the rights and obligations on the basis of the Contract of Purchase, for the purposes of managing the user account and for the purposes of sending information and business communication to the purchaser.

9.4. The purchaser acknowledges that it is obliged to state its personal data (upon registration, in its user account, in an order placed from the web business interface) truthfully and accurately, and that it is obliged to inform the vendor without unnecessary delay of any change to its personal data.

9.5. The vendor may entrust the processing of the personal data of the purchaser to a third party as the processor. With the exception of persons delivering goods, the personal data of the purchaser shall not be forwarded to third parties without the prior consent of the purchaser.

9.6. Personal data shall be processed for an indefinite period. Personal data shall be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The purchaser confirms that the provided personal data is precise and that it has been instructed that this represents voluntary provision of personal data.

9.8. In the case that the purchaser believes that the vendor or the processor (article 9.5) is conducting processing of its personal data which is in conflict with the protection of the private and personal life of the vendor, or in conflict with the law, especially if the personal data is imprecise with regard to the purpose of its processing, it may:

9.8.1. demand an explanation from the vendor or the processor,

9.8.2. demand that the vendor or processor rectify the state which has ensued. In particular this may concern blocking, performance of a repair, supplementing or liquidation of personal data. If the demand of the purchaser according to the previous sentence is found to be legitimate, the vendor or processor shall rectify the defective state without delay. If the vendor or processor fails to comply with the demand, the purchaser has the right to address the Office for Personal Data Protection directly. This provision does not affect the right of the purchaser to address the Office for Personal Data Protection directly with its initiative.

9.9. If the purchaser requests information concerning the processing of its personal data, the vendor is obliged to provide this information. The vendor has the right to demand commensurate payment for the provision of information according to the previous sentence, which must not exceed the essential costs for the provision of the information.

10. Sending of Business Communication and Placement of Cookies

10.1. The purchaser agrees to the sending of information in connection with the goods, services or business of the vendor to the e-mail address of the purchaser, and further agrees to the sending of business communication by the vendor to the e-mail address of the purchaser.

10.2. The purchaser agrees to the placement of “cookies” on its computer. In the case that it is possible to implement purchase on the website and fulfil the commitments of the vendor as ensue from the Contract of Purchase without cookies being placed on the computer of the purchaser, the purchaser may revoke its consent according to the previous sentence.

11. Delivery

11.1. Unless otherwise agreed, all correspondence in connection with the Contract of Purchase must be delivered to the other contracting party in writing, by a-mail, in person or by registered post via a postal services operator (according to the choice of the sender). The correspondence is delivered to the purchaser to the e-mail address stated in its user account.

12. Concluding Provisions

12.1. If a relationship in connection with the use of the website or a legal relationship established by the Contract of Purchase contains an international (foreign) element, the parties arrange that the relationship shall be governed by Czech law. This does not affect the rights of the consumer as ensue from the generally binding legal prescriptions.

12.2. The vendor is authorised to sell goods on the basis of trading authorisation, and the activity of the vendor is not subject to any other permission. The relevant trading authority shall conduct trading inspection within the framework of its jurisdiction.

12.3. If any provision of the Conditions of Business is invalid or ineffective or becomes so, the invalid provision shall be replaced by a provision which is as close as possible in meaning to the invalid provision. The invalidity or ineffectiveness of any one provision shall not affect the validity of the other provisions. Amendments and supplements to the Contract of Purchase or Conditions of Business must be implemented in written form.

12.4. The Contract of Purchase, including the Conditions of Business, is archived in electronic form and is not accessible.

12.5. Contact details of vendor: correspondence address Komořanská 326/63, 14300Praha 4, e-mail address: zuzana@ets.cz, phone number:  +420 774 138 439.

 

Prague, 1.3.2023