1.1 These terms and conditions ("Terms and Conditions") of Mitteo s.r.o., Roháčova 145/14, 130 00 Praha 3, Identification Number: 04179927, registered in the Commercial Register at the Prague Municipal Court File No. C 243 737 (hereinafter " Seller ") regulate the mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the" Purchase Agreement ") concluded between the seller and any other natural or legal person (hereinafter the" Buyer ") through the online store seller. Online store is operated by the seller on the Internet at www.mitteo.com through interface web site (the "Web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their independent practice of the profession.
13. Provisions diverging from commercial terms can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech or English. The purchase agreement may be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2. The second user account
1.2 Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows trade, the buyer may also order goods without registration directly from the web interface business.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer is in any change in their obligated to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed to be correct.
2.3 Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of user account to a third party.
2.5 Seller may cancel your user account, especially when the buyer your user account for more than 12 months is not used, or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
3. Conclusion of the purchase agreement
1.3 All presentations of goods placed in the web interface of the shop is informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the Civil Code shall not apply.
2.3 Web interface provides information about the products, including the prices of individual goods and costs for returning the goods if the goods by their nature can not normally be returned by post. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3 Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills an order form in the web interface business. The order form contains particular information about:
3.4.1. ordered goods (the ordered goods "insert" the buyer into an electronic shopping cart business web interface)
3.4.2. method of payment of the purchase price, details of the required method of delivery of goods ordered
3.4.3. Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and modify data in order, the buyer put, even with regard to the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "Confirm order". The information specified in the order by the seller are deemed to be correct. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter the "electronic address of the purchaser").
3.6 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.8 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached its obligations to the seller.
3.9 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer using a means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
4. Price of goods and payment terms
1.4 The price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
Cash by the seller at Mitteo, Shooting Range Hall Lobzy 1109, Plzen 31200;
Cash on delivery at the place designated by the buyer in the purchase order (valid only for Czech repuliky);
German bank transfer to the seller's account no. 4257894300/85590100 (IBAN DE92855901004257894300 BIC GENODEF1NGS opened with Volksbank Löbau-Zittau eG or Czech account 2500813728/2010 (IBAN CZ4920100000002500813728 BIC FIOBCZPPXXX), held by Fio banka (hereinafter referred to as "Seller Account" );
cashless payment system via PayPal Account email@example.com;
cashless payment card (service coming soon);
through a loan provided by a third party (service soon).
2.4 Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
3.4 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment, the purchase price is payable within 14 days from the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the account of the seller.
4.6 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of the full purchase price before sending the goods kupujícímu.Ustanovení § 2119, paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts the price of goods provided by the seller to the buyer can not be combined.
4.8 If it is customary in the trade, or if it is so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5. Withdrawal from contract
1.5 Buyer acknowledges that pursuant to § 1837 of the Civil Code, can be among others to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or the person from the contract for the supply of sealed goods which the consumer from unsealed and for hygienic reasons, it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if violated their original packaging.
2.5 If this is not the case referred to in art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from receipt of goods, in which case the purchase agreement is subject to several types of goods or supply of several parts, the period runs from the date of receipt of the final delivery. Withdrawal from the contract must be sent to the Seller within the period mentioned in the previous sentence. Withdrawal from the contract buyer can send inter alia, the address of the seller or the seller's e-mail address firstname.lastname@example.org.
3.5 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the Czech Republic from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their usual character by post.
4.5 In case of withdrawal pursuant to Art. 5.2 returns the vendor funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer agrees that the buyer and not incur additional costs. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before him purchaser returns goods or demonstrate that the goods sent entrepreneur.
5.5 Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.
5.6 Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, and bank transfer to an account designated by the buyer.
5.7 If with goods provided the buyer a gift, the gift agreement between the seller and the buyer is concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift efficiency and the buyer is required with the goods seller also return provided gift.
6. Transport and delivery
1.6 In the event that the mode of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
2.6 If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
3.6 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of intrusion into the consignment may not buyers shipment from the shipper to take over.
5.6 Other rights and obligations of the parties in the transport of goods that can modify a specific delivery conditions of the seller, if the seller issued.
7. Rights of defective performance
1.7 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 BGB).
2.7 Seller is responsible, on receipt of the goods has defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
7.2.1. the goods are qualities that the parties have agreed, and the absence of agreement, has characteristics that describe the seller or the producer or the buyer expected given the nature of the goods and based on advertising they carry,
7.2.2. the goods are fit for the purpose which the seller says its use or for which goods of the same type are normally used
7.2.3. goods correspond to the agreed quality or design sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4. the goods in the right quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
3.7 The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by its common use, the used goods at fault by use or wear that goods had to take over the buyer, or if it appears that the nature of the goods.
4.7 When manifest defect within six months after the takeover, it is assumed that the goods were defective at the time of the takeover. The buyer is entitled to exercise the right of defect that occurs in consumer products during the twenty four months from receipt of the guarantee if it is not extended.
5.7 Rights of defective performance puts the buyer with the seller at his premises (please supplement), which is possible taking into account the assortment of goods sold, possibly in the seat or place of business. In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
6.7 Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure seller.
8. Other rights and obligations of the parties
1.8 The buyer acquires ownership of the goods by paying the entire purchase price.
2.8 Seller is not in relation to the purchaser bound by codes of conduct under § 1826, paragraph. 1 point. e) of the Civil Code.
3.8 Court complaint consumer provides the vendor via electronic address email@example.com. Information about the handling of complaints buyer sends the seller to the buyer's email address.
4.8 The seller is entitled to sell goods at a merchant. Trade control is carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope, among others supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
5.8 Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph. 2 of the Civil Code.
9. Protection of personal data and sending commercial messages
1.9 Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Protection of Personal Data, as amended.
2.9 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
3.9 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer chooses another option, agrees to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement.
4.9 Buyer acknowledges that it is obliged to personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
5.9 Processing of personal data Seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
6.9 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
8.9 In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
9.8.1. ask the seller or processor for explanation,
9.8.2. require the seller or processor to correct the situation.
9.9 If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. Sending commercial messages and storing cookies
1.10 Buyer agrees to receive information related to the goods, services or company the seller to the buyer's email address and agree to receive commercial communications seller to buyer's email address.
2.10 Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made and the seller's obligations from the purchase contract to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
1.11 The buyer may be delivered to the buyer's email address.
12. Final Provisions
1.12 If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
2.12 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions.
3.12 The purchase contract including terms and conditions the seller is archived in electronic form and is not accessible.
4.12 Contact details seller: postal address Mitteo, Shooting Range Hall Lobzy 1109, Plzen 31200, e-mail address firstname.lastname@example.org, phone +420777900118.
In case of wrong translation, or unclear interpretation of the translation is based on business conditions in the Czech language.
In Prague on 01/10/2015
Managing Director Radim Novak