Business Terms and Conditions
General Business Terms and Conditions, effective since 25.05.2018
These business terms and conditions are only valid for the purchase of goods through www.atomiumshop.eu and the personal collection of the orders at Atomium Shop of Suprotec EU s.r.o. Company at: Kubanske namesti 1391/11, Budova Garden Eleven, 100 00 Praha 10.
I. Introductory Provisions
The following terms and conditions shall be valid for an Internet Shop www.atomiumshop.eu for purchases (hereinafter referred to as the T&C), which specify and clarify the rights and obligations of the seller being the owner and manager of Internet pages www.atomiumshop.eu of Suprotec EU s.r.o. Company, IN: 02380731, at: Kubanske namesti 1391/11,100 00 Praha, registered at the City Court in Praha, Section С, Case 218721, and the buyer. All the contractual relations have been entered into under the laws of the Czech Republic.
The legal relations beyond the scope hereof shall be governed by Law No.89/2012 Sb., the Code of Commerce (hereinafter referred to as the CC).
If the Buyer is a consumer (a person other than a businessman placing an order or entering into a contract with the Seller in the normal course of business), then the Seller’s and the Buyer’s rights and obligations shall be also governed by the provisions under §2158 et sequential of the CC („Special Provisions concerning Sales of Goods at a Shop“) and, in case of buyers being consumers, also by Law No.634/1992 Sb. on the protection of consumer rights as amended (hereinafter referred to as the LPC).
II. Definition of Terms
A consumer contract is a sale contract, contract agreement, service contract or another type of contract under the Civil Code, if the contracting parties are, on the one part, a consumer (a person that is not a businessman placing an order or entering into a contract with the Seller in the normal course of business or independent trade) and, on the other part, a supplier or seller.
An Internet shop seller/manager is a person who, when entering into and performing the contract, operates in the normal course of trade or another business. This is a businessman supplying products or rendering services to the buyer, either directly or through other businessmen.
A consumer buyer is a person who, when entering into and performing the contract, operates other than in the normal course of business. This is an individual or legal entity purchasing the products or using the services other than for the purpose of business involving these products or services. A buyer other than a consumer is a businessman purchasing the products or using the services in the normal course of business or trade.
- A user is any person visiting the website of Internet shop www.atomiumshop.eu . When using those pages, a User may not interfere with security of the site, is not authorized to use the site for transfer of malicious files and seek to enter the page spots that are inaccessible for visitors, or endanger security of the site operations in any way.
III. Personal Data Processing and Use
Explanation for a Data Subject – Information for Article 13 of the GDPR (General Data Protection Regulation)
The e-Shop manager as a personal data administrator (hereinafter referred to as an Administrator) according to the provisions under Article 13 of the General Data Protection Regulation of the European Parliament and Council (EC) No. 2016/679 dated April 27, 2016 (hereinafter referred to as the Regulation), hereby informs thecustomers (hereinafter referred to individually as a Data Subject) that:
- Personal data of a Data Subject to be communicated to the Administrator when placing an order will be processed for the purposes of entering into and further performance of a sale contract, including settlement of potential claims from the Data Subject concerning the defects of workmanship, sending of the business messages, and performance of other marketing actions by the Administrator in respect of the Data Subject. Therefore, a legal basis for processing of the Data Subject’s personal data shall be performance of the sale contract pursuant to the Data Subject’s order and, at the same time, performance of the Administrator’s legal obligations under the legal regulations governing the rights and obligations in relation to the protection of consumer rights and the bookkeeping.
- A basis for submission of the Data Subject’s personal data to the Administrator shall be mandatory identification of the contracting parties, failing which entering into and performance of the sale contract shall be impossible.
- The Data Subject’s personal data shall be processed within the time, during which the Administrator is bound to store the data under the general binding legal regulations; consequently, during 5 years under the accounting law or during 10 years under the VAT law.
- When processing the Data Subject’s personal data, no automated decision-making or profiling will take place.
- The Administrator has not appointed an authorized person for protection of personal data and has not nominated a representative to perform the obligations in terms of the Regulation. The Data Subject’s personal data can be submitted for the purposes of proper performance under an order, forwarding the same to the delivery service provider selected by the Data Subject and then to the persons rendering legal and bookkeeping services to the Administrator in order to ensure proper performance of the obligations established under the general binding legal regulations. The Administrator is not going to transfer the Data Subject’s personal data to third countries, international organizations or other parties, except for the above-mentioned third parties.
- The Data Subject may require of the Administrator to provide access to its personal data, request for modification or deletion or restriction of, and object against the processing; is authorized to transfer the data to another administrator as well as file a complaint with the Personal Data Protection Agency, if he or she believes that the Administrator operates in breach of the Regulation when processing the personal data.
The personal data administrator shall be Suprotec EU s.r.o. Company, Kubanske namesti 1391/11, 100 00 Praha 10,
IN: 02380731, registered in the Trade Register maintained by the City Court in Praha, Section С, Case 218721.
To exercise the rights (in particular, a right to withdraw consent, to be informed, to delete, block or modify the personal data), it is possible to apply in writing at the above-mentioned address of the Company or viae-mail at: firstname.lastname@example.org. Those rights can be obtained free of charge, unless otherwise provided under the legal regulations.
Acquisition and use of the personal data shall be implemented, in particular, in order to perform a contract (order), then to send marketing material and similar information as well as to create a consumer account. Besides, the data shall be processed and stored in consideration of the tax and commercial archiving periods.
Sending of marketing material can be ceased at any time in writing at thecompany’s address or via e-mail at: email@example.com.
Third parties shall not have access to the personal data, except for the persons, whose activities are necessary to achieve the contractual goals (for example, a carrier, bankers), a website administrator or government authorities pursuant to their instruction under the relevant legal regulations.
Suprotec EU s.r.o. Company is engaged intensely in protection of the personal data, i.e. our web-pages and other computer systems have been provided with engineering and administrative protections against access, modifications, and processing of the data by unauthorized persons as well as against loss and destruction.
To Services Checked by Customers at Heureka.cz and Heureka Basket:
We shall assess your satisfaction with the purchase by means of e-mail questionnaires under a program Checked by Customers to cover our Internet shop. We send those to you every time when you make purchases from us, unless you have rejected under §7, Clause 3, of Law No.480/2004 Sb., on certain services of an information company, forwarding of our commercial messages or unless you have withdrawn you consent given previously. To send questionnaires, assess your feedback, and analyze our market position, we use an operator, who is the manager of the portal Heureka.cz; for these purposes, we may provide information on the purchased goods and your e-mail address.
In case of any questions, you can contact our company – the contact details are provided below.
Address for invoicing and correspondence: Suprotec EU s.r.o., Registered Office; Kubánské náměstí 1391/11, 100 00 Praha 10, Czech Republic, registered on the Register maintained by the City Court in Praha, Section С, Case 218721, IN: 02380731
E-mail: firstname.lastname@example.org; Phone: + (420) 217-217-777
IV. Ordering of Goods and Entering into Contract
A condition of an effective e-order shall be insertion of all the specified data and details indicated on an order form. Before the Buyer has confirmed finally an order, he or she shall be authorized to check the full order and data inserted. If he or she deems it necessary to modify some items, this can be done with a Back key, by means of which the Buyer returns to the previous step. If the Buyer has agreed with an order form, then the final effective order will be sent by means of a key [Send an Order] for processing. This sending is mandatory.
The Seller shall advise the Buyer by phone that the order has been received or send an e-mail with acceptance/admission (hereinafter referred to as "acceptance") of the Buyer’s order at The Buyer’s e-address specified on the order. A message sent automatically to confirm receipt of an order shall not be deemed to be binding acceptance of the order.
In certain cases (sale by instalments, etc.), the Seller shall reserve its right to require of the Buyer to provide relevant files before sending an e-mail accepting the order. The Buyer’s attention is drawn to that in advance before the order will be sent. The Seller shall be authorized to check the Buyer’s identification data before the subject of the order is delivered, i.e. to ensure reliability of the correct delivery of the ordered goods or service. By submitting an order, the Buyer shall accept the Seller’s business terms and conditions and then the amount of price for the ordered goods, including potential forwarding and transport expenses, which are effective at the time of executing and sending the order. As soon as the Buyer has received an acceptance of the order from the Seller (by phone or via e-mail), the Seller’s offer of the ordered goods, including the prices indicated on the order, shall be binding up to the time of delivery of the goods to the Buyer, unless certain provisions hereof provide otherwise in a special case. An order shall be a draft sale contract, when the sale contract as such is entered into by phone or e-acceptance of the Buyer’s order by the Seller. As from that time, mutual rights and obligations arise between the Buyer and the Seller as defined under the sale contract and these business terms and conditions being part and parcel of the sale contract. In case of personal collection of the goods from the shop’s stock (purchase as «Buy at a Shop»), the Seller shall reserve the goods for the Buyer at the relevant shop within 24 hours as from acceptance of the order (by phone or via e-mail) by the Buyer. In other cases of personal collection of the goods, the Seller shall reserve the goods for the Buyer at the relevant shop within 5 days as from the date of delivery of the goods to the selected shop. Upon expiration of the period, the concluded sale contract shall be invalid, and the both parties shall not be bound by it any longer. The Buyer’s attention will be drawn to that by the Seller when accepting an order (by phone or via e-mail). The expenses for use of electronic means shall be governed by an agreement between the Buyer and its Internet or e-communication service provider. The Seller shall have a right, depending on the nature of an order – quantity of the goods, price, transport expenses, distance, etc., to require of the Buyer to authorize (one more confirmation) the order in an acceptable way, for example, in writing or by phone. An order shall be deemed to be invalid, and the contract shall be null and void in such a case, unless the Buyer has made such authorization (one more confirmation) in a required manner. The Seller will also draw attention of the Buyer to that when accepting the order (by phone or via e-mail).
The Seller shall reserve a right to not accept an order of the Buyer (by phone or via e-mail) in case of an apparent error concerning the price, description or image of a product in the catalog of products posted on the Seller’s Internet page or in case of apparently erroneous information submitted by an operator of the ordering line, during any phase of fulfilling the order. The Seller shall also reserve the right to not accept an order of the Buyer in case of an apparent error concerning the price, description or image of a product in the catalogue of products posted on the Seller’s Internet page or in case of apparently erroneous information, during any phase of fulfilling the order. Non-acceptance of an order for the reason of an apparent error will be communicated to the Buyer by phone or via e-mail (which the Buyer has indicated when filling an e-order form or when ordering the goods by phone). An error in the information submitted in writing or oral shall not bind the Seller in case this is obvious to a common consumer with regard to the content of the Seller’s general business terms and conditions and in the context of other information provided by the Seller. The Seller shall not be liable for the information concerning the price, parameters of the goods and the scope of liability for its defects, when it is apparent that it was submitted apparently by an operator of the ordering line, when the incorrectness is obvious for a common buyer capable of using the same with due care, with regard to the general business terms and conditions of the Seller and in the context of other information submitted by the Seller.
A contract shall be entered into in Czech language. A concluded sale contract shall be kept by the Seller as a soft copy for the purposes of successful performance during 5 years and be inaccessible to third parties that are not involved. Information on certain technical steps leading to entry into a contract follows from these business terms and conditions where the process is defined clearly.
The Buyer agrees that, when receiving the goods paid by a payment card and those prepaid by a bank transfer, the Seller or the carrier responsible for delivery of the goods to the Buyer shall have a right to identify the person receiving the goods against an identity card, i.e. a common civil or international passport and record the identity card number or other data identifying the person receiving the goods in order to disallow fraudulent actions of misusing the stolen payment cards and to protect the rights of a real payment card owner. The Buyer gives univocally to the Seller, i.e. Suprotec EU s.r.o. Company as the Administrator, his or her consent with recording of the personal data in the above-mentioned manner as well as storage of the same during six months as from receipt of the goods. At the same time, the Buyer takes note that, under Law No.101/2000 Sb., submission of the data is voluntary, that he or she is empowered to withdraw the consent at any time from the administrator free of charge, has a right of access to the personal data and a right to modify the data, block the incorrect data, delete the same, and other rights. In case of doubt concerning respect of the rights, the Buyer shall be empowered to contact the Administrator or directly the Personal Data Protection Agency.
V. Price and Payment
The prices shown at the website www.atomiumshop.eu and at the shop of Suprotec EU s.r.o. Company shall be final, including VAT. The transport expenses (information on the pricing for transportation of the goods is provided under Clause XIII – Terms of Delivery of Goods), which amount under a specific order can differ (depending on the selected transportation method), will be added then on the order form. The final calculated price shall be indicated as that including the transport expenses after the order form has been completed. The price under a contract between the Seller and the Buyer shall be the effective price indicated for the goods when the goods were ordered by the Buyer. The price will be indicated on the order and in an e-mail confirming acceptance of the order for the goods.
A condition of granting a beneficial purchase price (discount) in case of a promotion set of products sold at a beneficial price shall be general purchase of all the products within a promotion set specified by the Seller. If the sale contract terminates, in respect of one of the products at the least, the Buyer’s entitlement to beneficial purchase price of the other products sold within a promotion set shall expire.
An invoice issued pursuant to the sale contract between the Seller and the Buyer shall operate both as a tax document and a consignment note at the same time. Principally, the Buyer may accept the goods or service only after these have been paid in full, unless another agreement is achieved. In case the Buyer has made payment, and then the Seller cannot provide for delivery of the goods, the Seller shall refund promptly the payment to the Buyer in a specified manner. The period for refunding the expenses incurred shall depend on the selected refunding method (bank transfer, postal remittance), though it shall not exceed 30 days as from occurrence of such a situation.
VI. Disposal of Waste Oils
Suprotec EU s.r.o. Company shall not be bound to receive waste oils back; the company is not dealing with such business.
VII. Delivery Time
A period for delivery of the goods to be paid by the Buyer when accepted, i.e. cash on delivery, shall count from the day of entry into the sale contract under Clause IV hereof, i.e. after a confirming e-mail has been sent by the Seller. In case the Buyer has chosen a payment option other than payment for the goods when received, i.e. for example, transfer of funds between the accounts, the delivery period shall only count after full payment of the purchase price, i.e. once the appropriate amount has been credited to the Seller’s account. The specific periods for delivery of the goods are stated in the catalogue of the goods per product, and only business days shall count within such periods. In case it is impossible to deliver the ordered goods within the specified period, the Seller will inform promptly the Buyer of that along with the information on a reserved period for delivery of the ordered goods, and in case the goods are not available. The Seller may offer another product that is equivalent to the initial one. If the Buyer has disagreed with the change or in case the Seller may not offer an equivalent replacement for the ordered goods, the Buyer and the Seller shall be entitled to terminate the contract. In case the contract has terminated, the contracting parties shall refund everything they have paid before the contract is repudiated.
VIII. Terms of Delivery of the Goods
Delivery of the goods without ordered services shall be made during the days: Monday – Friday since 9:30 a.m. to 3:00 p.m. The Seller shall calculate various types of transport expenses relating to delivery of the goods on the part of the service provider, which actual amount is indicated on the price list issued by the Seller, that is available at the site www.atomiumshop.eu under Section „Transport Information“
Overview of potential methods of payment for the goods
a) by payment card when collected personally – Czech Koruna 0
b) in cash on delivery (cash to the carrier’s driver when the goods are delivered) – Czeck Koruna 30
c) by transfer between accounts with confirmation of an advance payment – Czech Koruna 0
d) online payments by PayPal service – Czech Koruna 0
A buyer other than a consumer shall accept properly the goods from the carrier, inspect integrity of the packing, quantity of the packages and, in case of any defects, inform promptly the carrier of that. In case it is found that an original tape showing an Atomium logo on the goods has been disturbed or when other defects of the packing are found, which prove illegal opening of the parcel, as well as in the cases mentioned above already, the Buyer is recommended that the parcel should not be accepted to its own benefit! By signing the consignment note, the Buyer confirms that the parcel conforms to all the above-mentioned conditions and requirements, and a later claim concerning a defect of the parcel packing will not be taken into consideration. An invoice being also a tax document shall be attached to the designated package. A buyer being a consumer is recommended to have a detailed process in order to prevent disputes as to when the defect to the goods occurred. No prejudice to the consumer’s rights can occur, for instance, to a right of claim. When purchasing under an eShop order with selected collection at a shop and payment at the shop upon collection of the goods, the order shall be valid for 120 hours; upon expiration of the time, it may be cancelled, while the Seller shall try to contact the Buyer once again before this step.
IX. Rights of the Buyer under a Defect and Service
The Buyer shall be empowered to claim its rights under a defect appearing on the consumer goods within 24 months as from receipt of the item by the Buyer. In case the catalogue, website www.atomiumshop.eu , the guarantee bond attached to the product, the sold item, its packing or advertisement indicated the time, during which the item could be used (a guarantee period), then the Seller shall be responsible that the item is capable of using for the common purposes or that it will maintain the common properties during the guarantee period. The guarantee period granted under the contract shall count as from acceptance of the goods by the Buyer.
The Seller shall be responsible to the Buyer that the item has no defects upon delivery. For instance, the Seller shall be responsible to the Buyer that when the Buyer accepted the item, the item had the properties agreed upon between the parties, and if an agreement was missing, then such properties, which the Seller or the manufacturer described, or which the Buyer expected with regard to the nature of the goods and based on the advertising issued by them that the item was suitable for the purposes, which the Seller specified for its use, or for which the type of goods is used commonly, that the item meets an agreed specimen or template in terms of quality or workmanship, if the quality or workmanship is defined against the specimen or template, the item has the appropriate quantity, size or weight, and that the item meets the requirements of legal regulations.
If a defect has been found during six months after delivery, then the item shall be deemed to be defective as soon as upon delivery.
If the item has no properties mentioned above, the Buyer may claim for delivery of a new item free of defects, unless it is unacceptable with regard to the nature of the defect, but if the defect relates only to a component of the item, then the Buyer may claim for replacement of the component only. If it is impossible, it may repudiate the contract. However, if it is disproportionate with regard to the nature of the defect, for instance, if the defect can be remedied immediately, the Buyer shall have a right to have the defect remedied free of charge.
The Buyer shall also be entitled to have a new item delivered or a component replaced in case of a curable defect, if it is not possible to use properly the item due to repeated occurrence of a defect after the repair or due to availability of several defects. In such a case, the Buyer shall be entitled to terminate the contract.
If the Buyer has not terminated the contract nor exercised its entitlement to have a new item delivered free of defects, to have its component replaced or have the item repaired, it may claim for a proportional discount. The Buyer shall be also entitled to a commensurate discount in case the Seller cannot deliver a new item free of defects, replace its component or repair the item as well as in case the Seller fails to provide for modification within the fixed dates or if the specified modifications brought considerable difficulties to the Buyer.
The Seller shall be responsible for the defects arising in an item during 24 months as from the date of receipt by the Buyer. In every case of a defect, it is necessary to make an analysis for oil degeneration in a professional laboratory. In case the catalogue, website www.atomiumshop.eu , the guarantee bond attached to the product, the sold item, its packing or advertisement indicated the time, during which the item can be used (a guarantee period), then the Seller shall be responsible that the item is capable of using for the common purposes or that it will maintain the common properties during the guarantee period. The guarantee period granted under the contract shall count as from acceptance of the goods by the Buyer.
The Buyer may not exercise the right to replace a defective item, if the Buyer knew before receipt of the item that it had a defect or if the Buyer itself caused damage, specifically in the following ways:
- the product has been used in breach of the user manual or service manual or the defect or damage has occurred demonstrably as a result of improper use,
- the product has had a mechanical damage (for example, in case of unauthorized ingress into the product),
- occurrence of a defect has been caused by nonprofessional or rough handling or by the fact that the product has been used for other purposes than those provided by the manufacturer.
Further, the Seller’s liability within the scope mentioned above shall not extend to the cases:
- for a product sold at a lower price due to a defect, under which the lower price has been fixed,
- if a defect shown by the Buyer has a nature of wear and tear caused by common use of the product,
- if it follows from the nature of the product.
Liability for the defects under the nature of an item shall not extend to damages arising due to carelessness of the Buyer, as a result of natural calamities or other external effects, for example, a stroke of lightning or other atmospheric discharges, fire or water, or other abnormal events, i.e. other defective workmanship on the part of the Seller. In no case, the Seller shall be liable for incorrect choice by the Buyer of the product to be purchased and for subsequent damages caused by the purchased product (incorrect choice of lubricants, additives).
In case a defect is found that the Seller is responsible for, the Buyer shall have a right to submit a claim against the Seller‘s manufacturing division (Atomium Shop) to the relevant employee during the business hours, where a method to deliver the product can be specified to settle the claim.
The Seller shall issue a letter of confirmation to the consumer stating when the consumer may exercise the right, what is the content of the claim and which method to settle the claim is required by the consumer, as well as a confirmation of the date and method to settle the claim, including a confirmation of repairing and the repair time, or a letter of denial of the claim.
The Seller shall decide immediately on validity of the claim, or within three business days in difficult cases. The period shall not include the time commensurate with the type of product or service, which is necessary for an expert review of the defect. The claim including repair of the defect shall be settled promptly, though within 30 days at the latest as from the date of claim, unless the Seller has agreed upon a longer period with the consumer. Unsuccessful expiration of the period shall be deemed to be a material breach of the contract.
A claim may be admitted only in case the following facts have been proved:
• that the point is a defect, for which the Seller is responsible for the reason of defective workmanship, which occurred during 24 months as from collection of the product or the guarantee period granted under the contract; this fact shall be proved generally by the Buyer with a receipt or a clear and duly completed guarantee bond indicating the sale date with the store’s seal and the Seller’s signature affixed, in case the guarantee was granted for the product. The Buyer shall present the guarantee bond upon a claim concerning the product is made, which guarantee has been extended by the manufacturer. In case of a contractual guarantee granted by the Seller, the Buyer shall present a guarantee agreement.
• that the Buyer has purchased the product from the Seller, and at what price; this fact shall be proved generally by the Buyer with an effective sale document indicating the purchase date of the product to support the purchase of the goods under claim from the Seller;
• that the product is defective; for this purpose, the Buyer shall present the defective product at the shop.
If any of the above conditions has not been met properly by the Buyer, a claim may not be deemed to be valid.
The Seller shall inform the Buyer about settlement of the claim and to which date it shall collect the goods. If the information on settlement of the claim is not communicated to the Buyer during 30 days, namely for some reasons on the part of the Seller or the Buyer, then the Buyer shall collect promptly the goods upon expiration of a 30-day period, during which the claim had to be settled.
If the Buyer fails to collect the goods also upon expiration of 8 months as from the date of settlement of the claim, then the Seller shall have a right to sell the goods to a third party in an acceptable way at adequate price under §2428 of the Civil Code, at the Buyer’s expense; it shall transfer immediately the proceeds to the Buyer, but may deduct the operating and storage expenses relating to the sale.
The above-mentioned provisions shall apply adequately, depending on the nature of service and for claims concerning defects of the services purchased by the Buyer, unless it follows otherwise from the effective legal regulations or the relevant service terms and conditions.
X. Return of the Goods – Termination of the Contract
1. A right to terminate the contract
A buyer, who is a user and has entered into a contract with the Seller through an e-shop www.atomiumshop.eu , shall have a right to terminate the contract without cause during 14 days as from:
- the day when the Buyer or its designated third party (other than the carrier) shall collect the goods (in case of a sale contract with lump sum payment), or
- the day of collection of the final part of delivery of the goods (in case of a sale contract, which subject matter are several types of the goods ordered by the user under the same order and delivered separately), or
- the day of collection of the final part of delivery of the goods (in case of a sale contract, which subject matter are the goods consisting of several items or parts), or
- the day of collection of the initial delivery of the goods (in case of a contract for regular delivery of the goods during a fixed time).
Hereby the Seller draws attention to the fact that this right is not a way to settle in case of a delivery of defective goods.
In order to exercise the right to terminate the contract, you shall inform about your decision to terminate the contract, having given notice of the contract termination within the above-mentioned period of 14 days to the Seller, Suprotec EU s.r.o. Company, IN: 02380731, Registered Office: Kubanske namesti, 1391/11, 100 00 Praha 10, in the form of
a definite application (for example, a letter sent by mail, fax or via e-mail), namely:
- via e-mail at: email@example.com,
- by mail at: Suprotec EU s.r.o. Company: Kubanske namesti, 1391/11, 100 00 Praha 10.
To avoid any breach of a period for termination of this contract, it is sufficient to send a message concerning exercise of the right to terminate the contract before expiration of the relevant period.
In order to improve quality of our services, please specify the cause of repudiation. This information is not statutory (it is not required under law), it has no impact on the validity of your repudiation, it operates only to improve quality of our services! Thank you.
2. Consequences of repudiation of the contract
If you repudiate the contract with the Seller, we shall refund you immediately, within 14 days as from the date when we were informed of your decision to repudiate the contract, for all payments we received from you, including the expenses for delivery of the goods to you (except for the extra expenses arising due to your selected delivery mode other than the cheapest standard delivery mode offered by the Seller). To refund the payments, the same means of payment will be used, which you have used to effect the initial transaction, unless you have explicitly decided otherwise. However, no extra charges shall arise in any case due to this. We can postpone the refund of payments until we receive the returned goods or until a confirmation is received that you have sent the goods back, whatever occurs earlier.
a) Reacceptance of the goods
- The goods shall, within 14 days as from the date when you inform us that you terminate this contract, be delivered back at: Suprotec EU s.r.o. Company: Kubanske namesti, 1391/11, 100 00 Praha 10, or delivered in person at the same address. The period of return shall be met, if the goods are forwarded to us before expiration of 14 days. Do not forward the goods on a basis of cash on delivery; in this case, these shall not be accepted by the Seller, or the arising expenses will be charged to you.
If you exercise the right to terminate the contract without cause, please return the goods, where possible, in the original packing and with all details so that no damage thereto has occurred. When forwarding the goods back to the Seller, the latter recommends that the goods shall be packed so that these are protected adequately against damage and deterioration during the transportation. As soon as the Seller has received the returned goods, it shall check and test the same immediately, though during 14 days at the latest. If return of the goods is justified, the Seller shall, at the latest 14 days as from the date of return of the goods, provide the Buyer with information that the goods have been returned orderly, and refund the Buyer against the purchase price paid for the goods as well as the expenses relating to delivery of the goods purchased through e-shop (transport expenses, packing expenses, etc., except for extra expenses arising due to your choice of the delivery mode other than the cheapest mode of standard delivery offered by the Seller), under the same payment method that the Buyer used to effect the initial transaction, unless the Buyer has explicitly stated otherwise, namely: either a remittance of funds at the Buyer’s address or a transfer to the Buyer’s account (prior to termination of the contract, the Buyer may state, which method it requires for refund of the purchase price).
b) Expenses relating to acceptance of the goods
The Buyer shall bear all direct expenses relating to delivery of the goods back to the Seller.
c) Liability for devaluation of the returned goods.
The Buyer shall be only liable to the Seller for any devaluation of the goods as a result of handling the goods other than it is necessary after reviewing the nature, properties, and functionality of the goods.
In case of devaluation of the goods to a higher extent than that mentioned above, the Seller may extend to the Buyer an entitlement to compensation for devaluation of the returned goods, in particular, when such devaluation results from damage to the delivered goods or for the reason of failure to deliver the goods in the packaged state.
The Seller reserves its right to set off the compensation for devaluation of the returned goods against the refunded purchase price, though it shall substantiate the compensation amount.
In case of termination of the sale contract for the product that the Buyer has purchased under an offer of a promotion set of products at a beneficial price, the customer shall have a right to repayment of the price of the product that the rejection relates to, after deduction of the difference between the full price of the both products and the price paid for the promotion set of products.
The user may not terminate a contract (according to the provisions under §1837 of the Civil Code):
- concerning provision of services, if those were performed with its prior definite consent before expiration of the contract, and the businessman informed the user before entry into the contract that it has no right to terminate the contract in such a case,
- concerning delivery of the goods or service, which price depends on the financial market fluctuations, irrespective of the businessman’s will, and which can occur during the period provided for termination of the contract,
- concerning delivery of the goods, which was executed at the consumer’s desire or on its behalf,
- concerning delivery of the goods that are perishable as well as the goods that have been combined irreparably with other goods after delivery,
- concerning repair or maintenance carried out at the location specified by the consumer at its request; however, this shall not be valid in case repair other than required is carried out subsequently or spare parts other than required are delivered.
XI. Final Provisions
In case a user as a buyer believes that its rights have been violated, itmay send its claim to the Seller via e-mail at: firstname.lastname@example.org for the purposes of extrajudicial proceedings. A user may also apply to the Czech Trade Inspectorate in Praha or to any agency thereof. http/www.coi.cz. Further, it is possible to settle on-line HERE.
Information for Extrajudicial Settlement of User-Related Disputes:
The Buyer shall acquire title to the goods once the full purchase price of the goods has been paid.
The Seller shall not be bound with any rules of behavior towards the Buyer in terms of the provisions under §1826, Item 1e), of the Civil Code.
In case of extrajudicial settlement of user-related disputes, the Czech Trade Inspectorate shall be competent, located at: Stepanska, 567/15, 12000 Praha 2, IN: 000 20 869, Internet address: http://www.coi.cz.
(Comments: The provisions under §14, Item 1, of the Law on Protection of Consumer Rights: „The Seller shall inform the consumer in a clear, understandable and easily accessible way about the subject of extrajudicial settlement of consumer disputes, which is materially competent for the type of product or service offered, sold, provided or mediated).
The Seller, Suprotec EU s.r.o. Company, as the manager of an Internet store www.atomiumshop.eu and a pickup point Atomium at: Kubanske namesti 1391/11. Budova Garden Eleven, 100 00 Praha 10, in compliance with Law No.121/2000 Sb., Copyright Law, is authorized to exercise the copyright at the websites.
These business terms and conditions are shown at the site of Internet store www.atomiumshop.eu and, therefore, it is possible for the Buyer to archive and reproduce the same. The business terms and conditions are valid within the scope and wording as these are shown at the Seller’s website on the day of e-ordering. By e-ordering, the Buyer shall confirm to the Seller that it has reviewed and accepted these terms and conditions. The Buyer’s attention was drawn adequately to the business terms and conditions before the order is performed, and it is possible to review these.
Statutory Information on EET:
"Under the law on registration of sales, the Seller shall issue an invoice to a buyer. It shall also register online the income gained with a tax authority; in case of a malfunction, within 48 hours at the latest".