General terms and conditions:
140 00, Prague 4
Company ID: 04126203
Phone: 00420 222 947 314
(hereinafter reffered to as "the seller")
Everyone who visits the online store www.divers-direct.cz, makes an order and completes it in the shopping cart by pressing the "Finish" button. He also agrees with the general terms and conditions, with which he is obliged to get acquainted properly before completing the order.
(hereinafter referred to as the "Buyer")
II. Delivery terms and transfer of ownership of the goods
- All information regarding delivery time is non-binding.
- Goods in stock (marked as "in stock") are shipped within 24 hours on working days from the time of ordering, or, in the case of payment in advance from the crediting of the amount to our bank account. Products that are marked as "available in x days" are usually shipped within x days, or after the amount has been credited to the account in the case of advance payment.
- If the buyer arranges transport or if the delivery of goods includes transport, the goods are considered delivered by handing over to the first carrier. The carrier is usually a physical or legal person authorized to operate the transport. The goods are sent to the address specified when completing the order.
- The seller is bound by the obligation to pack the goods or otherwise secure them against damage to quality and quantity. The seller is also obliged to provide the partial fulfillment with the relevant documents, but at least with a delivery note completely and legibly filled.
- Damage caused during transport must be reported to the carrier immediately.
- Postage is free in the case of ordering goods whose value is higher than a given amount of CZK or equivalent including VAT. If the value of the ordered goods is lower, we charge postage according to the selected payment and carrier.
- Ownership of the goods passes to the customer when it is handed over to him, regardless of the place of delivery, and also by payment of the price of the goods.
- In matters not regulated by the contract, mutual rights and obligations are governed by Czech law, in particular the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”);
- Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
III. Price of goods and payment terms
- The purchase price of the goods is usually agreed between the seller and the buyer in advance and it is a contractual price. The mutually agreed purchase price may be changed by the seller if in the period between its negotiation and performance there are changes in costs exceeding 5% of the price of the goods. The seller will always notify the buyer of this fact in advance.
- If payment is made on the basis of an invoice, the invoice must meet the requirements of a tax document pursuant to the provisions of Section 12, Paragraph 2 of Act No. 588/1992 Coll. as amended.
- In matters of payment for goods, the buyer is bound by the obligations specified in the contract in the context of the Civil Code and the Consumer Protection Act. If there are grounds for a complaint on the part of the customer, this does not relieve him of the obligation to comply with the payment terms agreed on in the contract.
- Payments of invoices by bank transfer are made to our bank account maintained with ČSOB. Always state the order or invoice number as a variable symbol.
- All prices listed on the e-shop include VAT.
IV. Rights and obligations of the Contracting parties
- The seller's obligations arise from the provisions of the Commercial Code.
- The obligations of the buyer result from the provisions of the Commercial Code.
- If the law does not exhaustively stipulate the rights of the contracting parties and these are not the subject of the contract, the contracting parties may negotiate them on the basis of an identical expression of will. The contracting parties may also proceed in the arrangement of mutual obligations above the statutory framework.
- The seller is not liable for breach of its obligations under the contract or these general terms and conditions of business if the breach was caused by circumstances of a natural nature or force majeure that are exceptional and could not reasonably be foreseen, especially in case of abnormal prolonged frosts, fire, windstorms, earthquakes, floods, etc.
V. The right from defective performance
- The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
- All goods are guaranteed for 24 months from the date of receipt of the goods, but some goods may have a longer warranty period, which is always stated in the warranty card or instructions.
- The seller is responsible to the buyer that the goods are free of defects upon receipt, ie:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, those which the seller or the manufacturer has described or expected by the buyer having regard to the nature of the goods and the advertising made by them,
- the goods are fit for the purpose stated by the seller for their use or for which a thing of this kind is normally used,
- the goods are in the appropriate quantity, measure or weight
- the goods comply with the requirements of legal regulations.
- In the event that the seller delivers a defective item to the buyer, the buyer has the right to have the seller eliminate the defect free of charge and without undue delay, at the request of the buyer either by exchanging the goods or repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the goods or withdraw from the contract. This does not apply if the buyer knew about the defect of the goods before taking over the goods or caused the defect himself. The delivery of a different thing and defects in the documents necessary for the use of the thing are also considered a defect.
- If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
- The buyer is entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt, but this does not apply to:
- goods sold at a lower price for a defect for which a lower price has been agreed,
- for wear and tear of the goods caused by its normal use, in the case of a used item for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer, if it follows from the nature of the item.
- The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller's address.
VI. Returning goods
- Return period - In case of any dissatisfaction, the buyer has the right to return the goods without giving reasons, in accordance with applicable law in the sense of § 1829 paragraph 1 of Act No. 89/2012 Coll. The customer has this right within 14 days from receival of goods. The buyer has the right to demand money or other goods for the goods.
- Refunds - The Seller refunds the returned goods, including delivery costs (except for the amount representing the additional delivery costs incurred as a result of the Buyer's chosen method of delivery, which is different from the cheapest standard delivery method offered by the Seller). The cost of transporting the goods back to the seller is paid by the buyer. If the goods are damaged or not returned to the seller complete, he has the right to claim damages from the buyer and set off his claim against the returned purchase price. The method of refund is the same as the way the seller received the payment. The amount is sent / handed over no later than 14 days from the withdrawal from the contract in accordance with § 1832 paragraph 1 of Act No. 89/2012 Coll.
- Method of returning the shipment - If the buyer returns the goods by mail, cash on delivery will not be accepted. Before sending the goods, contact us at email@example.com and fill in the Form for withdrawal from the purchase contract provided by the seller. The buyer is obliged to send or hand over the goods to the seller within 14 days of withdrawal from the contract in accordance with § 1831 paragraph 1 of Act No. 89/2012 Coll.
VII. Services and vouchers
- The subject of performance is the teaching of diving, freediving, mermaiding and other courses (hereinafter referred to as “services”) intended for holders of vouchers for the given services (hereinafter referred to as “students”).
- The seller undertakes to provide services to the appropriate extent, in premises suitable for the given training and within a pre-agreed term.
- Before the beginning of the first lesson, the student is obliged to fill in a questionnaire, an integral part of which is information about his health condition, unless otherwise stated for a specific service. If the student is aware of a health problem, he / she will provide a certificate from a doctor, which clearly states that he / she is medically fit to complete the course. The instructor has the right to refuse the student if he is obviously unfit to complete this course or lesson. This includes, but is not limited to, exposure to adverse health, alcohol or drugs. In this case, the student is not entitled to a refund or a free change of date.
- In the event that the seller is unable to provide training for serious reasons, he is obliged to immediately inform the customer and is entitled, in agreement with the customer, to choose an alternative training - such as changing the date, venue or instructor.
- The student is entitled to cancel the reservation of the lesson date free of charge no later than 48 hours before the lesson, unless otherwise stated for a specific service. In the event of a later cancellation, the seller is entitled to charge a cancellation fee, the amount of which depends on the specific service. If the student does not attend the lesson without prior cancellation of the reservation, the lesson is considered completed and the supplier has the right to be paid for the lesson.
- Complaints are submitted exclusively in writing. In case of recognition of the complaint by the seller, the student has the right to a replacement lesson, a new lecturer or a partial or full refund, depending on the nature of the complaint.
VIII. Final provisions
- The note that the buyer has the option to add to the order upon its completion is not legally binding and cannot therefore be enforced.
- The conditions agreed in the contract, the addendum to the contract take precedence over these general conditions.
- Your data, protected by Act No. 101/2000 Coll. ("Data Protection Act") and Regulation No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR), will be processed within the data protection rights and used to process your order, for the solvency test and for sending product offers either from us or from the forwarding business. You are entitled to request from us information concerning the processing of personal data in the sense of § 12 of the Data Protection Act and / or data change. You have the rights set out in § 21 of the Data Protection Act, and in particular you have the right to request an explanation from us if you believe or find that we do not comply with the applicable legal provisions on data protection. You may at any time disagree with the use and further provision of the company, name and address for advertising purposes. Simply send us a message by mail or email.
- Please understand that we do not accept liability for any printing errors in the price list or on the website.
- In the event that any of the provisions of these general terms and conditions become ineffective, this will not affect the effectiveness of the remaining provisions and the entire legal act.
- Exclusively Czech law applies to the contractual relationship, to the exclusion of UN commercial law.
- In the event that a consumer dispute arises between the Seller and the consumer from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute to a designated out-of-court settlement of consumer disputes.
Czech Trade Inspection Authority Central Inspectorate - ADR Department Štěpánská 15 120 00 Prague 2
(Email: firstname.lastname@example.org Web: adr.coi.cz).
- These general terms and conditions come into effect on March 1, 2020.