Terms and Conditions - Mikeska Band Saw

These General Terms and Conditions (“GTC”) of the company SALDERA s.r.o., with its registered office at Čeladná 287, 73912, ID No.: 27769216, registered in the Commercial Register kept by the Regional Court in Ostrava under file number C 41396, email info@mikeskabandsaw.com, phone +420 737 995 834, address Čeladná 287, 73912 (“We” or “Seller”) regulate, in accordance with the provisions of Section 1751 Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (“Civil Code”), the mutual rights and obligations of You as a Buyer and Us as a Seller, which have arisen in connection with or on the basis of a concluded purchase contract (“Contract”) through the e-shop on the website mikeskabandsaw.com.

Complete information on the processing of your personal data is included in the principles for the processing of personal data, which you can find at this link: https://mikeskabandsaw.com/datenschutzgrundsaetze/

The provisions of these GTC form an indivisible part of the Contract. The Contract and the GTC are written in the Czech language. We may unilaterally change or supplement the wording of the GTC. By this provision, the rights and obligations that were created during the validity period of the previous version of the GTC remains unaffected.

As you probably know, our communication takes place predominantly at a distance. Therefore, it also applies to our Contract that distance communication means are used, which enable us to conclude a contract without the simultaneous physical presence of Us and You, whereby the contract is concluded at a distance in the e-shop environment, namely via the website (“E-shop web interface”).

Should any part of the GTC conflict with what we have jointly agreed upon during your purchase process in our e-shop, this specific agreement shall take precedence over the GTC.

SOME TERMS

The Price is the amount you pay for the goods;

The Shipping Price is the amount you pay for the delivery of the goods, including the price for their packaging;

The Total Price is the sum of the Price and the Shipping Price together;

VAT is the value added tax according to applicable legal regulations;

An Invoice is a tax document issued for the Total Price in accordance with the Value Added Tax Act;

The Order is your binding proposal to conclude a contract with us for the purchase of goods;

A User Account is an account set up on the basis of the information provided by you, which allows the storage of the entered data as well as the storage of the history of the ordered goods and concluded contracts;

You are a person who shops in our e-shop and who is referred to in the legal regulations as a Buyer;

The goods are everything you can buy in the e-shop.

GENERAL PROVISIONS AND NOTICES

The purchase of goods is possible exclusively via the e-shop.

It is your duty to provide Us with all your information lawfully and truthfully when shopping. We therefore consider the information provided by you in the order to be correct and truthful.

In our e-shop, we also offer access to reviews of goods from other consumers. We ensure the authenticity of these reviews and control them in such a way that we link each review with a specific order. In our internal system, we see the associated order ID for each review, whereby we can check and prove that the review comes from a real consumer.

CONCLUSION OF THE CONTRACT

You can only conclude a contract with Us in the Czech language.

The Contract is concluded at a distance via the e-shop, whereby the costs for the use of means of distance communication shall be borne by you. However, these costs do not differ from the basic price you pay for the use of these means (i.e. for access to the Internet), so you do not have to expect any additional costs charged by us beyond the Total Price. By sending the order, you agree that we use the means of distance communication. In order for us to be able to conclude a contract, you must place an order in the e-shop. This proposal must include the following information:

Information about the goods to be purchased (in the e-shop you specify the goods you want to buy using the “Add to cart” button);
Information on the price, the shipping price, the method of payment of the total price and the desired method of shipment of the goods; this information is entered as part of the creation of the order in the user environment of the e-shop, whereby the information on the price, the shipping price and the total price are automatically listed based on the goods selected by you and the method of delivery and payment;
Your identification and contact details so that we can deliver the goods, i.e., first name, surname, delivery address, phone number and email.

During the creation of the order, you can change and check the details. After checking the order, you complete the order by clicking the “Order with obligation to pay” button. Before you click on the button, however, you must confirm your acknowledgement of and your agreement with these GTC, otherwise it is not possible to complete the order.

The check box serves for confirmation and consent. After clicking the “Order with obligation to pay” button, all filled-in information is sent directly to Us.

We will confirm your order to you as soon as possible after its delivery to Us, namely via a message that we send to your email address, which you have provided in the order. The confirmation contains a summary of the order and these GTC in the form of an email attachment. The GTC in the version valid at the time of the order, i.e. in the version attached to the confirmation email as an attachment, form an indivisible part of the contract. By confirming the order, the contract between Us and You is concluded.

It may also happen that we cannot confirm your order. This occurs particularly in cases where the goods are not available or in the event that you order a larger quantity of goods than it is possible on our part to ship.

However, we always inform you in advance about the maximum number of items in the e-shop, so that it should not be a surprise for you.

In the event that We cannot confirm the order for any reason, We will get in touch with you and we will send you an offer to conclude the contract in a form that has been modified from the order. In this case, the contract is concluded when you confirm our offer.

If an obviously incorrect price is stated in the e-shop or in the order, we are not obliged to deliver the goods to you for this price, even if you have received a confirmation of the order and a contract has been concluded.

In such a case, We will get in touch with you immediately and send you an offer to conclude a new contract in the form modified from the order. In such a situation, the new contract is concluded at the moment you confirm Our offer.

An obviously incorrect price is considered to be, for example, a situation where the price does not correspond to the usual price from other sellers or a digit is missing or exists extra.

If the contract is concluded, you have the obligation to pay the total price.

If you have set up a user account, you can place an order through it. Even in such a case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data.

The procedure for creating an order is, however, the same as for a buyer without a user account, but the advantage is that you do not have to repeatedly enter your identification data.

In some cases, we allow you to use a discount when purchasing goods. To guarantee the discount, you must enter the information about this discount in the field provided for this purpose within the scope of the draft order. If you do this, the goods will be made available to you with a discount.

USER ACCOUNT

Based on your registration in the e-shop, you can access your user account.

When registering your user account, you are obliged to state all entered data correctly and truthfully and to update them in the event of a change.

Access to the user account is secured by a username and a password. It is your duty to maintain the confidentiality of these access details and not to make this data accessible to anyone. We assume no responsibility for misuse.

The user account is personal; you are therefore not entitled to allow use by third parties.

We may terminate your user account, particularly in the event that you have not used it for more than 1 year or in the event that you violate your obligations specified in the contract.

It may be that your user account is not continuously available, particularly with regard to the necessary maintenance of hardware and software equipment.

PRICE AND PAYMENT CONDITIONS, RETENTION OF TITLE

The price is always stated within the e-shop, in the draft order and, of course, in the contract. In the event of a discrepancy between the price stated for the goods in the e-shop and the price stated in the draft order, the price stated in the draft order shall apply, which is always identical to the price in the contract. The draft order also states the shipping price or the conditions under which free shipping is available.

The total price is inclusive of VAT, including all legally mandatory fees. We require you to pay the total price after the conclusion of the contract and before the handover of the goods. You can pay the total price in the following way:

Bank transfer: We will send you payment information as part of the order confirmation. In the case of payment by bank transfer, the total price is due within 7 days. (Account number 2601944786/2010 Fio banka, a.s., IBAN CZ37 2010 0000 0026 0194 4786, BIC / Swift FIOBCZPPXXX)

Online by card: In this case, payment is made via the GoPay payment gateway, whereby the conditions of this payment gateway apply to the payment, which can be called up under the following link: [insert link]. In the case of payment online by card, the total price is due within 1 hour.

Payment upon delivery: In this case, payment is made upon delivery of the goods at the handover of the goods. In the case of payment upon delivery, the total price is due upon receipt of the goods.

Cash payment upon personal collection: When picking up the goods at our premises, you can pay for the goods in cash. In the case of cash payment upon personal collection, the total price is due upon receipt of the goods.

The invoice is issued in electronic form after payment of the total price and sent to your email address. The invoice is also printed and enclosed with the goods and noted in the user account.

The title to the goods only passes to you after you have paid the total price and taken over the goods. In the case of payment by bank transfer, the total price is paid by credit to our account; in other cases, payment is made at the time of payment.

DELIVERY OF THE GOODS, PASSING OF RISK OF DAMAGE

The goods will be delivered to you via the path chosen by you within 2-3 working days at the latest, whereby you can choose from the following options:

Personal collection at our premises in Čeladná 633, 73912
Delivery by transport company Deutsche Post, GLS

The goods can only be delivered within the Czech Republic. The delivery time of the goods is always dependent on the availability of the goods and the chosen delivery and payment method. The estimated delivery time of the goods will be communicated to you in the order confirmation.

The time stated in these GTC is only estimated and it may differ from the actual delivery time. If you choose personal collection at our premises, we will inform you by email about the possibility of picking up the goods.

Upon taking over the goods from the carrier, you are obliged to check the integrity of the packaging of the goods and to inform the carrier and Us immediately in the event of any defects. Should the packaging show a defect that indicates unauthorized handling and unauthorized penetration into the shipment, you are not obliged to accept the goods from the carrier.

If you should violate your obligation to accept the goods, with the exception of the cases in accordance with Article 6.4 of the GTC, it does not mean a violation of Our obligation to deliver the goods to you. At the same time, the fact that you do not accept the goods does not represent a withdrawal from the contract between Us and You. In this case, however, we are entitled to withdraw from the contract for the reason of your material breach of contract, or to store the goods.

If We decide to withdraw from the contract, the withdrawal becomes effective on the day We deliver this withdrawal to you. The withdrawal from the contract does not affect the right to a refund of the shipping price or the right to compensation for damages, if any has arisen.

Should the goods be delivered repeatedly or in a way other than agreed in the contract due to reasons caused by your side, you are obliged to compensate Us for the costs associated with this repeated delivery. We will send you the payment details for the payment of these costs to your email address specified in the contract and these are due 14 days after the delivery of the email.

The risk of damage to the goods passes to you upon your acceptance of the goods. In the event that you do not accept the goods, with the exception of the cases in accordance with Article 6.4 of the GTC, the risk of damage to the goods passes to you at the moment you had the opportunity to accept the goods, but the acceptance did not occur due to reasons on your part.

The transfer of the risk of damage to the goods to you means that from this point in time you bear all consequences associated with the loss, destruction, damage or deterioration of the goods.

In the event that the goods are not listed as in stock in the e-shop and an estimated date of availability was stated, we will inform you in this case: in the case of an extraordinary interruption in the production of the goods, whereby we will always inform you about the new estimated date of availability or about the fact that a delivery of the goods will not be possible.

In the event of a delay in the delivery of the goods by our supplier, We will always inform you about the new estimated delivery time.

RIGHTS FROM DEFECTIVE PERFORMANCE

We guarantee that the goods are free of defects at the time the risk of damage passes to the goods in accordance with Article 6.7 of the GTC, in particular:

if the goods correspond to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed properties;
if the goods are suitable for the purpose for which you need them and with which you are in agreement;
if the goods are delivered with the agreed accessories and instructions for use, including assembly or installation instructions;
if the goods are suitable for the purpose for which goods of this type are usually used;
if the goods, in terms of their quantity, quality and other properties, including shelf life, functionality, compatibility and security, correspond to the usual properties of similar goods that you can reasonably expect also in view of public statements made by Us or another person in the same contract chain, in particular through advertising or labelling;
if the goods are delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
if the goods correspond in terms of their quality or design to a sample or template that was provided to you before the conclusion of the contract.

Rights and obligations in case of defective performance

The rights and obligations regarding the rights from defective performance are based on the generally binding legal regulations, in particular:

the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code
as well as Act No. 634/1992 Coll. on Consumer Protection, as amended.

Notification of defects and complaint

If the goods show a defect, especially if one of the above conditions is not fulfilled, you can inform Us about such a defect and assert your rights from defective performance:

by sending an email or a letter to our address specified in the identification data,
or personally at the address Čeladná 287, 73912.

You can also use a sample form provided by us for the complaint, which forms Appendix No. 1 to the GTC.

Selection of defect rectification

When exercising the right from defective performance, please choose how you want to solve the defect. You cannot change this choice subsequently without our consent.

We will process the complaint in accordance with the right asserted by you.

Your rights in case of defective goods

Should the goods be defective, you are entitled to the following rights:

to eliminate the defect by delivering new non-defective goods or by delivering a missing part of the product, or
to eliminate the defect by repairing the goods, unless the chosen method for eliminating the defect would be impossible or disproportionately expensive compared to the second way.

The assessment is made particularly under consideration of:

the value that the goods would have without the defect;
and whether the damage can be eliminated through the second method without significant difficulties for you.

We are entitled to refuse the rectification of the defect if this

is impossible or

would be disproportionately expensive, particularly with regard to the significance of the defect and the value of the non-defective goods.

Additional rights on your part:

A reasonable price reduction; or

Withdrawal from the contract if:
- - we refuse the rectification of the defect or do not rectify it in accordance with the legal
    regulations,
- - the defect occurs repeatedly,
- - the defect represents a material breach of contract,
- - it follows from our statement or from the circumstances that the defect cannot be rectified within a reasonable period of time or without significant difficulty for you.

The right to withdraw from the contract does not exist if the defect of the goods is only minor.

Exclusion of rights:

In the event that you have caused the defect in the goods yourself, you shall not be entitled to any rights from defective performance.

The following are not considered defects in the goods:

wear and tear of the goods caused by normal use,

in the case of used goods, wear and tear corresponding to the extent of previous use.

Complaint and deadlines

When asserting a complaint, you will receive a written confirmation from us containing the following details:

date of the complaint,

content of the complaint,

desired solution to the complaint,

your contact details for information on completion.

Unless a longer period is agreed, we will eliminate the defect within 30 days of receipt of the
notification and inform you of the completion using the contact details you have provided.

Should this period pass, you can withdraw from the contract or demand a reasonable discount.

Information and compensation for costs

We will inform you about the completion of the complaint by email and issue a confirmation with the date and method of completion.

If the complaint is justified, you are entitled to compensation for the functionally incurred costs. You must prove these costs (e.g. by receipts or shipping confirmations).

Return of the goods

If the rectification of the defect is carried out by delivering new goods, you are obliged to return the original goods to us. We shall bear the return shipping costs.

Special duties and deadlines for entrepreneurs and consumers

If you are a business, you must report and complain about the defect immediately after discovery, but at the latest within three days after receipt of the goods.

If you are a private consumer, you can assert rights from defective performance if a defect in an item of consumer goods occurs within 24 months of receipt of the goods.

WITHDRAWAL FROM THE CONTRACT

General Right of Withdrawal
A withdrawal from the contract, i.e. the retroactive termination of the contractual relationship between us and you, is only possible for the reasons and in the way that are expressly regulated in this article or other GTC provisions.

Right of Withdrawal for Private Consumers
As a private consumer (person who buys goods outside of their commercial activity), you have the right, in accordance with Section 1829 of the Civil Code, within

14 days after conclusion of the contract or

14 days after receipt of the goods (when buying goods)

to withdraw from the contract without giving reasons.

Special Features for Multiple Goods or Deliveries

In the case of multiple goods, the period only begins with the delivery of the last item or part.

In the case of repeated regular deliveries, the period begins with the first delivery.

Form of Withdrawal
The withdrawal can be made in any verifiable way, e.g. per email or letter to our addresses specified in the identification data. You can also use the sample form that is provided as Appendix No. 2 to the GTC.

Exceptions to the Right of Withdrawal
A withdrawal is not possible for services that fall under Section 1837 of the Civil Code (e.g. individually made goods or opened sealed goods that cannot be returned for reasons of health protection).

Withdrawal Period and Declaration
The withdrawal period is considered observed if you send us a declaration of withdrawal within the period.

Obligations after Withdrawal

You must return the goods to us within 14 days after withdrawal.

The costs of the return shipment are borne by you unless the withdrawal occurs because of a breach of contract on our part.

You are entitled to a refund of the shipping costs in the amount of the cheapest shipping method that we offered at the time of delivery.

Refund of the Purchase Price

We will refund the purchase price within 14 days after the withdrawal takes effect to the account from which the payment was made or another account named by you.

The refund will only be made after we have received the goods or you have proven the shipment.

Reduction in Value
You are liable for any reduction in the value of the goods that has arisen from use that goes beyond the usual testing of the goods (i.e. more than “trying them out in the shop”).

Offsetting of Claims
Until the price is refunded, we may offset your cost claims with the claim to price refund.

Right of Withdrawal on Our Part

In the case of commercial buyers (businesses), we are entitled to withdraw from the contract at any time and without giving reasons.

We may withdraw from the contract at any time before we deliver the goods if objective reasons make the delivery impossible (e.g. delivery problems by third parties or special characteristics of the goods).

We can also withdraw if you have intentionally provided false information in the order.

DISPUTE RESOLUTION WITH THE CONSUMER

Code of Conduct
We are not bound by any code of conduct in the sense of Section 1826 Paragraph 1 Letter e) of the Civil Code toward consumers.

Consumer Complaints
Consumer complaints can be directed to the following email address:
info@mikeskabandsaw.com
The information about the completion of the complaint will be sent to the email address provided by you.

Out-of-court Dispute Resolution
The out-of-court settlement of consumer disputes arising from the contract is the responsibility of:
Czech Business Inspection Authority
Štěpánská 796/44, 110 00 Prague 1
ID Number: 000 20 869
Website: http://www.coi.cz

Online Dispute Resolution (ODR) Platform
The online dispute resolution platform, which is accessible throughout the EU, can be used for disputes from online purchase contracts between consumers and sellers:
http://ec.europa.eu/consumers/odr

European Consumer Centre Czech Republic
The European Consumer Centre offers support in consumer disputes:
Štěpánská 796/44, 110 00 Prague 1
Website: http://www.evropskyspotrebitel.cz
It is a contact point in accordance with Regulation (EU) No. 524/2013 on online settlement of consumer law disputes (ODR Regulation).

FINAL PROVISIONS

If our and your legal relationship contains an international element (e.g. we send goods outside of the Czech Republic), the relationship is always subject to the law of the Czech Republic. If you are a consumer, your rights from the legal provisions remain unaffected by this agreement, however.

We send all written correspondence with you per email. Our email address is listed under “Our Identification Data”. We send the correspondence to your email address specified in the agreement, in the user account, or to the address via which you contacted us.

The contract can only be changed on the basis of a written agreement. However, we are entitled to change and supplement these GTC, but this change does not affect the contracts already concluded, only the contracts concluded after the entry into force of this change.

However, We will only inform you about the change if you have created a user account (so that you have this information if you order new goods; however, the change does not represent a right of termination as We have not concluded a contract that can be terminated) or if We are contractually obligated to deliver the goods to you regularly and repeatedly.

We will send you the information about the change per email at least 14 days before the effect of this change.

Should We not receive the termination of the concluded contract about regular and repeated delivery of goods from you within 14 days after the notification about the change has been sent, the new GTC will become part of our contract and these will apply for the next delivery of goods after the entry into force of the change. The termination period is 2 months if you terminate.

In cases of force majeure or unforeseeable events (natural disaster, pandemic, operational disruptions, failures of subcontractors, etc.), we shall not be liable for damage that occurs as a result of or in connection with cases of force majeure, and if this state of force majeure lasts for more than 10 days, We as well as You have the right to withdraw from the contract.

The appendix to the GTC forms a sample form for a complaint and a sample form for withdrawal from the contract.

The contract including the GTC is stored at Our premises in electronic form, but it is not accessible to you. However, you will always receive these GTC and the order confirmation with a summary of the order per email and so you always have access to the contract even without Our involvement. We recommend that you always save the order confirmation and the GTC.

These GTC take effect on October 26, 2023.

Appendix No. 1 – Sample form for a complaint

Recipient: SALDERA s.r.o., Čeladná 287, 73912

Submission of a complaint

Date of conclusion of the contract:
First name and family name:
Address:
Email:
The complained-of goods:
Description of product defects:
Desired form of processing of the complaint:

At the same time, I apply for a confirmation of the assertion of the complaint to be issued, showing when I asserted this right, what the content of the complaint is, what form of processing of the complaint I wish, stating my contact details for the purpose of the provision of information on the processing of the complaint.

Date:

Signature:

Appendix No. 2 – Sample form for withdrawal from the contract

Recipient: SALDERA s.r.o., Čeladná 287, 73912

I hereby declare that I withdraw from the contract:

Date of conclusion of the contract:
First name and family name:
Address:
Email:
Specification of the goods to which the contract relates:
Desired form of refund of financial means, or number of the bank account:

If the buyer is a private consumer, they have the right in the event that they have ordered the goods via the e-shop of SALDERA s.r.o. (“Company”) or via another means of distance communication, with the exception of the cases listed in Section 1837 of Act No. 89/2012 Coll., the Civil Code, as amended, to withdraw from a purchase contract already concluded within the period of 14 days since the conclusion of the contract, or if it involves a goods purchase, within the period of 14 days since the receipt of the goods.

If the contract involves the delivery of multiple items or multiple parts of goods, this period only begins to run from the day of delivery of the last item or part of the goods, and if it involves a contract on the basis of which the goods are to be delivered repeatedly and regularly, the period runs from the day of the first delivery.

The buyer must announce the withdrawal to the Company in writing at the address of the Company’s premises or electronically at the email stated in the sample form.

If the buyer, who is a private consumer, withdraws from the purchase contract, they must send or hand over to the Company the goods received from the Company immediately, at the latest within 14 days after the withdrawal from the purchase contract.

If the buyer, who is a private consumer, withdraws from the purchase contract, the Company will refund all financial means (the purchase price of the delivered goods) immediately, at the latest 14 days after the withdrawal from the purchase contract, including the shipping costs received from them on the basis of the purchase contract, and in the same way.

If the buyer has chosen a different method for the delivery of the goods than the most cost-effective method offered by the Company, the Company will refund the buyer for shipping costs only in the amount corresponding to the most cost-effective method of delivery of the goods.

The Company is not obliged to refund the received financial means to the buyer sooner than it has received the goods back or before the buyer has proven that they have sent the goods to the Company.