Terms and conditions of the company Montana-cans.cz
1. Introductory agreement
These terms and conditions clearly demarcate and precise the rights and obligations of the seller and buyer within the purview of the contracts concluded via the e-shop www.montana-cans.cz. The buyer can familiarize himself or herself with those terms and conditions before ordering – he or she is informed about them sufficiently in advance.
It is Václav Jung, Oranžová 215, Chráštany, 25219, CRN: 63093464, TIN: CZ6902181781, who is responsible for sales and management of the e-shop.
All the contracts are subjugated to the legal system of the Czech Republic. If it is the case that the consumer assumes the position of the contracting party, the contracts, unregulated by these terms and conditions, abide by the Act No. 40/1964, or the Civil code (further only as “Civil code”), and the Act No. 634/1992 concerning the protection of the consumer. If it is the case that the buyer, who is not the consumer, assumes the position of the contracting party, the contracts, unregulated by these terms and conditions, then abide especially by the Act No. 513/1991, or the commercial code (further only as “commercial code”).
2. Definition of terms
Consumer contract – purchase contract, contract for work, alternatively other contracts delimited by the Civil code if the contracting parties are: the consumer, on one side, and seller, on the other.
Consumer – is a natural person who does not act within the purview of his or her commercial or other business activities or within the purview of his or her independent performance of his or her profession when concluding and performing a contract.
Buyer who is not the consumer – is a person who acts within the purview of his or her commercial or other business activities or within the purview of his or her independent performance of his or her profession when concluding and performing a contract.
3. Concluding a purchase contract
A buyer’s order which is properly filled out and placed via the e-shop www.montana-cans.cz, or, as the case may be, by telephone, is a legally binding draft of a purchase contract which is to be concluded with the seller. In doing so, the buyer is bound to the purchase-contract draft for a period of 21 days from the day of the order placement onward.
The seller confirms forthwith the reception of the order in terms of paragraph 53 article 5 of the Civil code by email on the email address filled out in the order form by the buyer; the confirmation does not serve as an acceptation of the purchase-contract draft. The purchase contract alone is concluded by acceptation of the purchase-contract draft; by acceptation we mean a dispatch of the goods from the seller to the buyer or an explicit acceptation of the purchase-contract draft by the buyer by email.
The consumer is eligible to cancel the order; that is to say, to dismiss the purchase-contract draft without any sanctions until the dispatch of the goods takes place. The consumer is obliged to announce this fact to the seller by email or telephone.
If the buyer wants to cancel the order of the goods which were ordered specifically for him after an agreement, a cancellation fee of 50% of the purchase price of the goods will be stipulated.
Purchase contract is concluded in Czech language. After conclusion, the purchase contract is archived for a time necessary uniquely for its settlement. One can change the order or correct the mistakes in the order until the moment when the goods are to be dispatched.
4. Withdrawal from the contract according to paragraph 53 article 7 of Civil code
Consumer can return the purchased goods within 14 days from the takeover onward without giving any reason. To withdraw from the contract in like manner, it is required that the expression of the consumer’s will, by which one withdraws from the contract, is delivered to the seller within the aforementioned time limit to the following email address: email@example.com or to the postal address: Václav Jung, Oranžová 215, Chráštany, 25219. The money refund will be effectuated by a bank transaction within 30 days from the withdrawal from the contract onward.
In case of withdrawal from the contract, the seller can claim to deduct the justifiable expenses related to the return of the goods according to the paragraph 53 article 10 of Civil code. Also, in case of wear and tear, he or she can claim the amount equal to the damage caused by wear and tear.
The eligibility to withdraw from the contract cannot be applied in compliance with paragraph 53 article 8 of Civil code in the following cases of the contracts concluded:
on service if it was agreed by the consumer that the effectuation would begin 14 days before the realization.
on delivery of the goods or services whose price depends on the distortions of the financial market regardless of the will of the seller.
On delivery of the goods adjusted on a consumer’s wish or for him, as well as of the perishable goods which succumb fast to wear and tear or obsolescence.
on delivery of audio and video recordings and computer programs if the consumer damages the original wrapping.
on delivery of newspapers, periodicals and magazines
which consists in game or lottery.
It is not allowed to withdraw from the contract without giving any reason if the goods are partially used. It is not allowed to withdraw from the contract either, if the goods’ character excludes it, for hygienic reasons (e.g. surgical masks, gloves, etc.) If the returned goods are incomplete, damaged or visibly used, the seller is eligible to be refunded the money for the damage.
5. Withdrawal from the contract by the buyer who is not the consumer
In case that the buyer is not the consumer, the withdrawal from the contract abides by the commercial code.
The buyer is responsible for the expenses related to shipping, which he or she selects when ordering, and those expenses abide by the to-the-date pricelist of the seller which is to be found on the website www.montana-cans.cz.
7. Payment terms and conditions
C.O.D. (cash on delivery) – money for the goods are deducted from the buyer when the goods are being handed over to him or her by the postman (courier) or at the post office.
Bank transaction – having received the order (the purchase-contract draft), the seller sends the information about the purchase price, bank-account number and variable symbol of the transaction to the buyer. The goods are paid by the buyer in favor of a bank account of the seller before the dispatch of the parcel with the goods, otherwise the goods are not sent, or handed over.
Cash, credit card (personal offtake) – the goods are paid by the buyer in cash on the delivery at the seller’s subsidiary after confirmation by email or SMS from the seller’s part saying that the goods are ready be picked up in stock.
8. Divergence of purchase contract
If the goods’ condition is not in compliance with the purchase contract on the handover (further only as the “divergence of purchase contract”), the buyer is eligible to demand the goods to be forthwith restored back to the condition compliant with the purchase contract, abiding by the buyer’s requests, either by replacement of the thing for a new one or its repair; if such a proceeding cannot be an option, the buyer can request an adequate discount on the goods or withdraw from the contract. That would not apply if the buyer knew about the divergence of the purchase contract before the handover or if he or she caused the divergence of purchase contract him- or herself. The divergence of purchase contract that occurs within six months from the day of the handover onward is considered as a divergence that existed during the handover already, unless it diverges from the character of the thing, or if the divergence is disproved.
9. Guarantee and reclamation in case of the buyer – consumer
The goods begin to be guaranteed on the day of the handover to the consumer; the goods are guaranteed to be reclaimable for 24 months. The seller is responsible for all defects detected in the product, which the goods are proved to evince, during the handover or which occur during the guarantee period. It does not concern the defects caused by uncareful treatment or mechanical damage. One can reclaim the goods via post or personally. It is imperative to attach the description of the defect, the copy of the receipt (or to prove the purchase otherwise) and contact on the buyer to the reclamation. Reclamation protocol (confirmation of when the consumer applied his or her right, of what the content of the reclamation is, and of which means of reclamation the consumer requests), is sent to the consumer by email; in case of personal handover of the reclamation and reclaimed goods, it is handed over to the consumer immediately on the spot.
In case of a legitimate guarantee application that is submitted in time, the consumer is eligible to:
Feeless, adequate and early repair of the defect if the thing consists in the defect that is repairable; replacement of the defective goods or defective particle unless it is unfeasible due to the character of the defect; and if such proceeding is not possible, the proportionate discount on the purchase price or withdrawal from the purchase contract.
Replacement of the defective goods or withdrawal from the purchase contract if the thing consists in a defect that is unrepairable and that prevents the product from being used regularly.
Replacement of the defective good or withdrawal from the purchase contract if the thing consists in defects that are repairable and that occur in larger numbers or repeatedly, hereby they prevent the product from being used regularly. The repeated occurrence of the defect means when the same defect, which prevents the product from being used regularly and which had to be repaired at least twice in the guarantee period, occurs again. The larger number of defects means if the thing involves at least three defects preventing the product from being used regularly at once.
Proportionate discount on the purchase price or withdrawal from the purchase contract if the thing consists in defects that are unrepairable and if the replacement of the thing is not requested.
On a consumer’s request, the seller is obliged to provide him or her with a guarantee in written form (warranty card). If the character of the thing allows it, it suffices to issue for the consumer a purchase certificate that includes personal information and warranty card, instead of the warranty card alone.
Reclamation, including the defect, will be attended to forthwith maximally within 30 calendar days from the day of the application of the reclamation onward, unless the seller and consumer agree on a different arrangement.
In case of legitimate reclamation, the consumer is eligible to be refunded the expenses related to the reclamation (particularly to shipping that he or she paid on the dispatch of the goods). In case of the withdrawal from the contract because of a defect, the consumer is eligible to be refunded the expenses requisite to the withdrawal.
Send the goods on the following address only:
10. Guarantee in case of the buyer who is not the consumer
The seller does not provide the buyer who is not the consumer with the guarantee of the goods’ quality unless it was stipulated by the contracting parties. The seller’s responsibility for defects abides by the commercial code.
11. Prices and offer validity
All prices include VAT which is valid from the moment of the dispatch of the order onward. If VAT is modified before the conclusion of the purchase contract or, as it may be the case, before the dispatch of the goods, the buyer is obliged to pay the balance of the purchase price with regards to the payment method; or else, the seller immediately sends an email to the buyer with an invitation to share the information about where to send the rebate of the purchase price.
12. Discounts and discount vouchers
If a discount or discount voucher is applied in divergence with the terms of the given discount or discount voucher, the seller is eligible to refuse such a kind of discount- or discount-voucher application. When that happens, the buyer is informed and offered an option to attend to the order without the discount or without application of the discount voucher.
Appended directly to the discount (in form of an item of information) are the terms and conditions of application of a particular discount; or, attached to the discount is a link to a website where the terms of the discount are described in detail. If an ambiguity appears during the interpretation, the seller’s interpretation is abided by.
13. Protection of personal data
All personal data which are imparted to the seller will be offered neither to third parties without the consent of the buyer nor to other subjects and will be handled in compliance with the Act No. 101/2000 concerning the protection of personal data. The buyer can anytime place a request for their modification or deletion by email. The buyer can modify his or her data on the website www.montana-cans.cz.
14. Final agreement
The consumer’s order is archived after its reception by the seller as a purchase-contract draft for the purpose of its conclusion and further evidence. Concrete technical steps which lead to the conclusion of the contract are apparent to the consumer from the actual process of ordering. The buyer can find and correct mistakes originating in the process of filling out the data before the order placement.
The buyer is responsible for the expenses related to the use of long-distance communication devices (telephone, internet, etc.) that are utilized so that the order is realized.
Those terms and conditions allow the consumer to archive and reproduce them. The seller claims the right to modify those Terms and conditions anytime. The potential modification and its validity will be announced in a suitable way on the website or in any other suitable way.
Your personal data are safe in our hands
The provider of the e-shop www.montana-cans.cz, Václav Jung, stores and processes the personal data in compliance with the Act concerning the protection of personal data No. 101/2000, as subsequently amended.
We protect your data
All our customers’ data are protected against any type of abuse. The personal data that you impart while shopping are utterly confidential and will be by no means offered to any third party. Personal data will be used only for the purpose of necessary proceedings related to the order settlement. On a customer’s request (e.g. by email, in written form etc.), the personal data will be deleted from the database and Václav Jung will be no longer processing them.
Václav Jung , Oranžová 215 , Chráštany , 25219
How to delete personal data
If you wish to delete all your personal data, do not hesitate to contact us by email firstname.lastname@example.org with the application form attached. We will delete all the personal or delicate data immediately.