Of the company RDacoustic s.r.o.
headquartered: Svazarmovská 1011, 75661 Rožnov pod Radhoštěm
Identification number: 04585445 Maintained at the Regional Court in Ostrava C64257
for the sale of goods via the online shop located at the Internet address www.silentmax.cz
1 Introductory provisions
1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of RDacoustic s.r.o.Svazarmovská 1011, 75661 Rožnov pod Radhoštěm, VAT04585445 In accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”), mutual rights are governed by the Regional Court in Ostrava (hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll. and the obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) through the Seller’s online store. The online store is operated by the Seller on the website located on the Internet address www.silentmax.cz (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2. The 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 acts in ordering goods in his business or in his independent exercise of the profession.
1.3. The provisions deviating from the Terms and Conditions can be arranged in the Purchase Agreement. Dispired arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are made in Czech. The purchase contract can be concluded in Czech.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising for the duration of the previous wording of the Terms and Conditions.
2 User Account
2.1. Based on the buyer’s registration made on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as the “User Account”). In the event that the web interface of the shop allows, the buyer can also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering the goods, the buyer is obliged to provide all data correctly and truthfully. The Buyer is obliged to update the data given in the user account when any change. The data provided by the buyer in the user account and when ordering the goods are considered correct by the seller.
2.3. Access to the user account is secured with a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to enable the use of the user account to third parties.
2.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 12 months, or if the buyer breaches his obligations under the purchase contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller’s hardware and software, or. necessary maintenance of third -party hardware and software.
3 The conclusion of the purchase contract
3.1. All presentations of the goods located in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods if the goods cannot by its very nature be returned by the usual postal route. The prices of the goods are included, including the value added tax and all related fees. Prices of goods remain valid as they are displayed in the web interface of the shop. This provision is not limited by the Seller’s possibility to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the shop also contains information about the costs associated with packaging and delivery of the goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. Ordered goods (ordered goods are “inserted” by the buyer in the electronic shopping cart of the web interface of the shop),
3.4.2. method of payment of the purchase price of goods, data on the required method of delivery of the ordered goods and
3.4.3. Information on the costs associated with the delivery of goods (hereinafter referred to as “Order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has invested in the order, even with respect to the buyer’s possibility to determine and correct errors incurred when entering data into the order. The buyer sends the order to the seller by clicking the “Finish Order” button. The data listed in the order they are deemed correct by the seller. After receiving the order, the Seller shall confirm this receipt to the Buyer by e -mail, to the Buyer’s e -mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s email address”).
3.6. Depending on the nature of the order (quantity of goods, the amount of the purchase price, the expected shipping costs), the seller is always entitled to ask the buyer for an additional order confirmation (for example in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e -mail, to the address of the Buyer’s e -mail.
3.8. The Buyer agrees to the use of means of remote communication when concluding the purchase contract. The costs incurred by the Buyer when using remote communication means in connection with the conclusion of the purchase contract (costs for internet connection, telephone call costs) are paid by the buyer himself, and these costs do not differ from the basic rate.
4 Price of goods and payment conditions
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may pay the seller to the seller in the following ways:
• In cash at the Seller’s premises at Rdacoustic s.r.o. Svazarmovská 1011, 75661 Rožnov pod Radhoštěm
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
4.3. The Seller does not require the Buyer a advance or other similar payment. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or in the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless 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 cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.
4.6. The Seller is entitled, especially if the Buyer does not additionally confirm the order (Article 3.6), require the payment of the entire purchase price before sending the goods to the buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller cannot be combined with each other.
4.8. If it is usual in the trade or if it are so stipulated by generally binding legal regulations, the Seller shall issue a tax document-an invoice on the buyer on the basis of the purchase contract. The seller is/is not a payer of value added tax. The tax document – the invoice shall be issued by the seller to the buyer after payment of the price of the goods and sends it in electronic form to the buyer’s email address.
4.9. Pursuant to the Sales Registration Act, the Seller is obliged to issue a receipt to the buyer. At the same time, it is obliged to register the received sales with the tax administrator online; In the case of a technical outage no later than 48 hours.
5 Withdrawal from the purchase contract
5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods regulated by the Buyer’s wishes or for him, from the Purchase Agreement on the delivery of goods subject to rapid destruction, as well as goods, which was irreversibly mixed with other goods, from the purchase contract for the supply of goods in a concluded packaging that the consumer removed from the packag cover.
5.2. If this is not the case referred to in Article 5.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn, the buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, until fourteen (14 ) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the deadline specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is annexed to the Terms and Conditions. Withdrawal from the Purchase Agreement can send, inter alia, to the seller’s premises or to the e -mail address of the seller Mail@domena.cz.
5.3. In the case of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the buyer shall bear the costs associated with the return of the goods to the seller, even when the goods cannot be returned for its nature by the usual postal route.
5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer in the same way as the seller received them from the buyer. The Seller is also entitled to return the fulfillment provided to the Buyer already when returning the goods by the Buyer or in any other way, if the Buyer agrees and does not incur other costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the seller.
5.5. The Seller is entitled to unilaterally set off against the buyer’s claim for a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer is taken over by the Buyer. In this case, the seller returns the purchase price to the buyer without undue delay, by cashless to the account specified by the buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the withdrawal from the purchase contract is the buyer, the gift contract is lost on such a gift of effect and the buyer is obliged to return to the seller and return gift provided.
6 Shipment and delivery of goods
6.1. In the event that the method of transport is agreed on the basis of a special requirement of the buyer, the buyer shall bear risk and any additional costs associated with this way of transport.
6.2. If the seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the buyer is obliged to take over the goods when delivery.
6.3. In the case of reasons on the part of the buyer it is necessary to deliver the goods repeatedly or otherwise other than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with another way of delivery.
6.4. 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 case of any defects to notify the carrier immediately. In the case of finding a violation of the packaging, indicating the unauthorized intrusion into the shipment, the buyer does not have to take over the shipment from the carrier. The Buyer’s rights from liability for defects of goods and other rights of the Buyer resulting from generally binding legal regulations are not affected.
6.5. Other rights and obligations of the parties in the transport of goods may regulate the special delivery conditions of the seller, if issued by the Seller.
7 Rights from defective performance
7.1. The rights and obligations of the parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The seller corresponds to the buyer that the goods have no defects upon receipt. In particular, the seller corresponds to the buyer that at the time the buyer took over the goods:
7.2.1. It has the goods that the parties have agreed, and in lack of arrangements, it has such qualities that the seller or manufacturer has or which the buyer expected with regard to the nature of the goods and on the basis of advertising carried out,
7.2.2. the goods are suitable for the purpose that the seller states or for its use or for which the goods of this kind are usually used,
7.2.3. The goods correspond to the quality or execution of the agreed sample or the artwork, if the quality or design was determined according to the agreed sample or template,
7.2.4. is the goods in the corresponding quantity, degree or weight and
7.2.5. Goods comply with the requirements of legal regulations.
7.3. If the defect occurs within six months of receipt, the goods are deemed to have already been defective at the receipt.
7.4. The seller has obligations from defective performance at least to the extent that the obligations of the defective performance of the manufacturer insist. Otherwise, the Buyer is entitled to exercise the right from a defect that occurs for consumer goods within twenty -four months of receipt. If it is on the goods sold, on its packaging, in the instructions attached to the goods or in the advertising in accordance with other legislation, the period for which the goods can be used shall apply, the provisions on the quality warranty shall apply. The seller undertakes to guarantee the quality that the goods will be eligible for a certain period of time for the usual purpose or to maintain the usual properties. If the buyer criticized the defect of the goods rightly, the deadline for exercising rights from defective performance or warranty period for which the buyer cannot use defective goods.
7.5. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear goods caused by its usual use, for the defect used appropriately to use or wear or if it follows from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect himself.
7.6. Rights from liability for defects of goods are exercised by the seller. However, if the Seller issued on the scope of liability rights for defects (within the meaning of Section 2166 of the Civil Code), another person intended for the repair that is closer at the Seller’s place or at the Buyer’s place closer. who is designed to repair. With the exception of cases where another person under the previous sentence is specified for repair, the Seller is obliged to accept a complaint at any establishment in which the acceptance of the complaint is possible with respect to the range of products or services provided, possibly at the registered office or place of business. The Seller is obliged to issue a written confirmation to the Buyer when the Buyer exercised the right, what is the content of the complaint and what way the buyer requires the complaint; and confirmation of the date and method of handling the complaint, including the confirmation of repair and its duration, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the seller for repair.
7.7. Rights from liability for defects of goods can specifically exercise in person at Svazormovska 1011, 75661 Roznov pod Radhostem.
7.8. The Buyer shall inform the Seller what right he has chosen, when notifying the defect, or without undue delay after the defect notification. The buyer cannot change the choice without the seller’s consent; This is not true if the buyer has requested a repair of a defect that turns out to be irreparable. defects inadequate, but if the defect only concerns the part of the goods, the buyer may only require the replacement of the part; If this is not possible, it can withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to freely remove the defect. The Buyer has the right to deliver new goods or replacement of the part even in case of removable defect, if it cannot properly use the goods for repeated occurrence of defects after repair or for a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or if he / she does not apply the right to the delivery of new goods without defects, to replace its part or to repair the goods, it may require a reasonable discount. The Buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its component or repair the goods, as well as if the seller does not remedy at a reasonable time or that the remedy of the buyer causes considerable difficulties. BR> 7.10. Other rights and obligations of parties related to the Seller’s liability for defects may be regulated by the Seller’s Complaints Procedure.
8 Other rights and obligations of the parties
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of behavior within the meaning of § 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via e-mail info@silentmax.cz. The Seller shall send the information on the processing of the Buyer’s complaint to the Buyer’s email address.
8.4. On the out -of -court settlement of consumer disputes from the purchase contract is the relevant Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. Platform for addressing the on-line disputes on the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer of the purchase contract.
8.5. European Consumer Center Czech Republic, registered office Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.ev Europeanspotrebitel.cz is a contact point according to the European Parliament and of the Council (EU) No 524/2013 of 21 . May 2013 on the solution of consumer disputes on-line and on the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on Consumer disputes on-line).
8.6. The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within its competence by the competent trade licensing office. The Personal Data Protection area is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, inter alia, to comply with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765 (2) of the Civil Code.
9 Privacy
9.1. Its information obligation to the Buyer within the meaning of Article 13 of the Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals in connection with the processing of personal data and on the free movement of such data and canceling Directive 95/46/EC (General Personal Data Regulation) ( The “GDPR”) related to the processing of the Buyer’s personal data for the purpose of fulfilling the purchase contract, for the purposes of the negotiations on the purchase contract and for the purpose of fulfilling public obligations of the Seller shall be fulfilled by the Seller through a special document.
10 sending commercial messages and storage of cookies
10.1. The Buyer agrees within the meaning of Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, with the sending of commercial communications by the Seller to the email address or the buyer’s phone number. The Seller fulfills its information obligation to the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer’s personal data for the purposes of sending commercial communications.
10.2. The buyer agrees to store the so -called cookies on his computer. If the purchase on the website can be made and the seller’s obligations can be fulfilled from the purchase contract without storing the so -called cookies on the buyer’s computer, the buyer may withdraw consent at any time.
11 delivery
11.1. The Buyer may be delivered to the Buyer’s email address.
12 Final provisions
12.1. 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. The choice of the right under the previous sentence is not the buyer who is a consumer, deprived of the protection provided by the provisions of the legal order from which it cannot be contractually deviated, which would otherwise use in the case of the absence of a right of choice pursuant to Article 6 (1) of the European Regulation Parliament and Councils (EC) No 593/2008 of 17 June 2008 on the right for contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or such, a provision shall take place instead of invalid provisions, the meaning of which is as close as possible to the invalid provision. The validity of other provisions is not affected by the invalidity or ineffectiveness of one provision.
12.3. The purchase contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.
12.4. Annex to the Terms and Conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller’s contact details: Delivery address Rdacoustic s.r.o., Sazarmovská 1011,75661 Rožnov pod Radhoštěm, e -mail address info@silentmax.cz, phone +420 603 775 298
in Rožnov p.r. September 1, 2021
Rdacoustic s.r.o.