Terms and Conditions

TERMS AND CONDITIONS

commercial companies

FMH Tools Czech s.r.o.

with registered office at Na Folimance 2155/15, 120 00 Prague 2

identification number: 09381392

registered in the Commercial Register kept at the Municipal Court in Prague, C 335459/MSPH

for the sale of goods through an on-line shop located at the Internet address www.fmhtools.shop

1. INTRODUCTORY PROVISIONS

These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company FMH Tools Czech s.r.o., with registered office at Prague 2, Na Folimance 2155/15, identification number: 09381392, registered in the Commercial Register kept at the Municipal Court in Prague, C 335459/MSPH (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code") the mutual rights and obligations of the 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 shop. The online shop is operated by the Seller on the website located at www.fmhtools.shop (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession.
Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The contract of sale may be concluded in the Czech language.
The Seller may change or supplement the wording of the Terms and Conditions. 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

Based on the Buyer's registration on the Website, the Buyer can access his/her user interface. The Buyer may order goods from his/her user interface (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.
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 whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
The Buyer is not entitled to allow third parties to use the user account.
The Seller may terminate the user account, in particular if the Buyer does not use his/her user account for more than 180 days or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.


3. Conclusion of the purchase contract

All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.
The web interface of the shop contains information about the goods, including the prices of the individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer shall fill in the order form in the web interface of the shop. The order form contains in particular information about:
the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods, and
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
Prior to sending the Order to the Seller, the Buyer shall be 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 arising from entering data in the Order. The Buyer sends the order to the Seller by clicking on the "send order" button. The information provided in the order is considered correct by the Seller.
Sending an order is considered to be such an act of the Buyer that identifies the ordered goods, the purchase price, the Buyer's person, the method of payment of the purchase price in an unquestionable way and is a binding proposal of the purchase contract for the contracting parties. The validity of the order is conditional on the completion of all mandatory data in the order form, familiarization with these terms and conditions on the website and the buyer's confirmation that he has read these terms and conditions.
The Seller will confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
The draft purchase contract in the form of an order is valid for fifteen days.
The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.
In the event that any of the requirements specified in the order cannot be fulfilled by the Seller, the Seller shall send the Buyer an amended offer to the Buyer's e-mail address, indicating the possible variants of the order and requesting the Buyer's opinion.
The amended offer shall be considered as a new proposal of the purchase contract and the purchase contract shall be concluded in such a case only upon the Buyer's acceptance via e-mail.
The Buyer agrees to the use of remote means of communication for the conclusion of the Purchase Contract. The costs incurred by the Buyer in using distance communication means in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate.


4. Price for the goods and Payment terms

The Buyer may 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 by agreement upon personal collection in Prague;
 by wire transfer to the seller's account, which he will receive after sending the order
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 expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or in the case of payment on delivery, the purchase price is payable on receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the conclusion of the purchase contract.
In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of 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.
The Seller shall be entitled, in particular in the event that the Buyer fails to confirm the order subsequently (Article 8), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
If it is customary in the course of business or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer in respect of payments made under the purchase contract. The Seller shall be liable for value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.


5. Withdrawal from the purchase contract

The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
on the delivery of goods whose price depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
the delivery of alcoholic beverages, which may be delivered only after the expiry of 30 days and the price of which depends on financial market fluctuations independent of the will of the seller,
the delivery of goods which have been adapted to the purchaser's wishes or to his person
the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
the delivery of goods in sealed packaging which have been removed from the packaging by the buyer and cannot be returned for hygiene reasons,
the delivery of an audio or visual recording or a computer program if the original packaging has been damaged,
the delivery of newspapers, periodicals or magazines,
the supply of digital content, unless it has been supplied on a tangible medium and has been supplied with the prior express consent of the buyer before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such a case he has no right of withdrawal.
If this is not the case referred to in Article 1 or in any other case in which the purchase contract cannot be withdrawn from, the Buyer shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with Section 1829(1) of the Civil Code, provided that if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence.
For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Agreement to the Seller's registered office address. The provisions of Article 11 of these Terms and Conditions shall apply to the delivery of the withdrawal. The trader shall confirm its receipt to the consumer without undue delay in text form.
In the event of withdrawal from the purchase contract pursuant to Article 2 of the Terms and Conditions, the purchase contract shall be cancelled from the outset. The goods must be returned to the Seller within fourteen (14) days of the withdrawal the contract. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
In the event of withdrawal from the Contract pursuant to Article 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 Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees 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 received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
The seller is entitled to withdraw from the contract of sale at any time until the goods have been accepted by the buyer. In such case, the Seller shall refund the purchase price to the Buyer without undue delay, without any delay, by cash to the account designated by the Buyer.
If a gift is given to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.


6. Transport and delivery of the goods

Free shipping does not apply to tyres and non-dimensional goods.
In the event that the method of transport is agreed upon at the Buyer's specific request, the Buyer bears the risk and any additional costs associated with this method of transport.
If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery.
In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way 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.
Upon receipt of 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 notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.


 7. Rights from Defective Performance

The rights and obligations of the contracting parties with regard to rights of defective performance are governed by the applicable generally binding regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of the legislation.
The provisions set out in Article 2 of the Conditions of Sale shall not apply to goods sold at a lower price to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in used goods corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.
The rights arising from defective performance shall be exercised by the buyer at the seller's registered office or place of business. The moment when the Buyer's expression of intent (exercise of the right of defective performance) reaches the Seller shall be deemed to be the moment when the claim is made.
The Buyer is entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months of receipt.


8. Other rights and obligations of the contracting parties

The buyer acquires ownership of the goods by paying the full purchase price of the goods
The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.


9. Protection of personal data

The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
The Buyer agrees to the processing of the Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
The Seller may delegate the processing of the Buyer's personal data to a third party processor. Apart from the persons transporting the goods, the personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
The personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
The purchaser confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
Should the Buyer believe that the Seller or the Processor (Article 5) is processing his/her personal data in a manner contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may:
ask the seller or processor for an explanation,
require the seller or processor to remedy the situation.
If the buyer requests information about the processing of his/her personal data, the seller is obliged to provide him/her with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information referred to in the preceding sentence, not exceeding the costs necessary to provide the information.


10. Sending commercial communications and storing cookies

The Buyer consents to the sending of information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the purchase agreement can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.


11. Delivery

Notifications concerning the relationship between the Seller and the Buyer, in particular those concerning the withdrawal from the Purchase Agreement, must be delivered by post by registered letter, unless otherwise stipulated in the Purchase Agreement. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
A notice which is refused by the addressee, which is not collected within the storage period or which is returned as undeliverable shall also be deemed to have been delivered.
The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address indicated in the Buyer's user account or indicated by the Buyer in the order, or to the address indicated on the Seller's website.


12. Final provisions

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. This is without prejudice to the consumer's rights under generally binding legislation.
If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning 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. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
The contract of sale, including the terms and conditions, shall be archived by the seller in electronic form and shall not be accessible.
A sample form for withdrawal from the contract of sale is attached to the terms and conditions.
Contact details of the Seller: delivery address Na Folimance 2155/15, 120 00 Prague 2, e-mail address info@fmhtools.com, telephone +420 774 569 223.