TERMS AND CONDITIONS Dušánek sro

I. Basic provisions

These terms and conditions govern the relationship between the buyer and seller in the sale of tools for machining and related goods between Dušánek s.r.o (hereinafter " Seller ") and its customers (hereinafter " Buyer ").
The seller is the company Dušánek s.r.o., with its registered office at Domašín 83, 51801 Dobruška, which is a registered business entity with ID number 06698361 and a registered VAT payer with VAT number CZ 06698361, dealing with the sale of tools for machining and related goods. Contact details for the Seller are:

o e-mail: info@dusanekcz.cz,

o phone number: +420 734 441 309.

Buyer means any person who, outside the scope of his business activities or outside the scope of independent performance of his profession, enters into a contract with the Seller or otherwise deals with him for the purpose of purchasing goods offered by the Seller.
At the beginning of the legal proceedings, the Buyer passes on to the Seller only his contact details, necessary for the smooth execution of the order, or the data that he wants to have stated on the purchase documents.
Legal relations between the Seller and the Buyer not expressly regulated by these terms and conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., (Civil Code), Act. No. 634/1992 Coll. on consumer protection as well as related legislation.
The Buyer is aware that by purchasing products that are in the Seller's business offer, no rights arise to use the registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a special contract.

II. Information security and protection

By concluding the contract, the Buyer confirms that the personal data he has provided are true and agrees that the data provided by the Seller will be processed and stored in accordance with the Personal Data Protection Act and the General Regulation on Personal Data Protection (GDPR).
The Seller declares that all personal data of the Buyer will be used only to perform the contract and will not be otherwise disclosed or provided to a third party; with the exception of the situation related to the distribution or payment system related to the ordered goods (communication of the name and address of delivery).
You can read more about the protection of personal data in the document entitled How we protect your personal data, which is available on the Seller's website.

III. Ordering

The Seller does not have a so-called stone shop, where the Buyer can personally inspect and pick up the goods. For the purpose of offering goods, there is an online store, which is operated at the web address obchod.dusanekcz.cz, so it is available 24 hours a day, 7 days a week.
The Buyer buys the goods from the Seller at the price valid at the time of ordering. The purchase price is always stated for a specific product in the online store.
The cost of postage and packaging is borne by the buyer according to the method he chose when ordering the goods. These costs are governed by the prices listed in Article X of these Terms and Conditions.

IV. Conclusion of the contract

The purchase contract is concluded on the basis of the Seller's acceptance of the Seller's offer by ordering the goods, which are listed on the Seller's website. If stock availability is not stated on the website, the purchase contract will be concluded only at the moment of confirmation of the offer with the content of the delivery date and price, which is sent to the Buyer by the Seller.
Each contract concluded between the Seller and the Buyer can be concluded only in the Czech language.
Acceptance of an offer with an amendment or deviation does not constitute acceptance of the offer and will not produce legal effects, even if the amendment or deviation does not substantially change the terms of the offer.
Acceptance of unsolicited performance by the Buyer does not mean acceptance of the offer. In the event of accepting unsolicited performance, the Buyer is obliged to inform the Seller about the existence of this performance.
After completing the order, the Buyer will be sent an electronic order confirmation (conclusion of the purchase contract). The Buyer's order remains with the Seller.
Errors made when entering data before placing an order can only be corrected by the Buyer until the order is sent. After sending the order to the Seller, the Buyer can inform the Seller about these errors through his contact details. These changes are legally binding on the Seller only if they confirm to the Buyer in writing that he understands them.

V. Withdrawal from the contract

In the event that the Buyer took the goods in a way other than in person, ie when the ordered goods were delivered to him by the transport service, the period for withdrawal from the contract is 14 days from delivery.
If the Buyer fulfills all the requirements for withdrawal from the consumer contract concluded in a distance manner and if he decides to withdraw within the above period, the following conditions must be met:

o Send a letter (preferably by e-mail to shop@dusanekcz.cz,) with the text: "Me". (Name of the Buyer) I concluded contract No. (order / invoice number) with Dušánek s.r.o. on DD.MM.YYYY In connection with the provisions of Act no. No. 89/2012 Coll. on consumer contracts concluded by distance, I hereby unilaterally withdraw from the above contract, request a refund of the amount paid for the goods to account number: ………………… / ……… and declare that I meet all legal requirements for this withdrawal from the contract under the relevant legislation".

o In the case of a written copy of the letter, the Buyer is obliged to provide the letter with the appropriate date and handwritten signature.

o Goods sent and delivered back to the Seller's address must be undamaged, complete (including accessories, instructions, etc.) and with a copy of the proof of purchase. In the event of non-compliance with any of the above requirements, the Seller has the right to refuse the returned goods or to reduce proportionally the amount for which the goods will be taken back.

o The possibility to withdraw from the contract does not apply to goods modified according to the Buyer's wishes and other goods that cannot be returned to their original condition before purchase.

VI. Defective performance rights

The Seller is responsible to the Buyer for the fact that the goods upon receipt have no defects other than the corresponding degree of use or wear, which the goods have due to their age and that at the time when the Buyer took over the goods:

o the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or which the Buyer expected with regard to the nature of the goods;

o the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used;

o the goods are in the appropriate quantity, measure or quality;

o the goods comply with the requirements of legal regulations.

The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the thing that the thing has a defect, or if the Buyer caused the defect himself.
The Buyer's right to defective performance is based on the defect that the goods have when taken over by the Buyer. If the defect becomes apparent within six (6) months from receipt, it is considered that the goods were defective at the time of receipt.
If the defective performance is a material breach of contract, ie such a breach of which, if the Buyer knew before the purchase, he would not make the purchase, the Buyer has the right:

o to eliminate the defect by delivering the missing item;

o to eliminate the defect by repairing the thing;

o at a reasonable discount from the purchase price;

o to withdraw from the contract.

If the defect is remediable, the Buyer may demand either the repair or addition of what is missing, or a reasonable discount on the purchase price. If the defect cannot be eliminated and the goods cannot be used properly for it, the Buyer may either withdraw from the contract or demand a reasonable discount from the purchase price.
If the defective performance is an insignificant breach of contract, the Buyer has the right to eliminate the defect or to a reasonable discount on the purchase price.
The Buyer shall inform the Seller which right he has chosen when notifying the defect or without undue delay after notifying the defect. The Buyer cannot change the choice made without the consent of the Seller. If the Buyer does not notify the defect without undue delay after the defect has occurred on the goods, he loses his right to a material breach of contract and can continue to exercise only the rights arising from the defect, which is a minor breach of contract.
The Buyer exercises the rights arising from defective performance with the Seller in person at the address of Františka Kupky 324, 518 01 Dobruška, or by letter to the same address or by electronic communication.

VII. Complaint goods

In the event of a complaint during the warranty period, the Buyer may inform the Seller in one of the following ways:

o to the e-mail address of the complaint @dusanekcz.cz,

o by phone at +420 734 441 309.

Complaints, including defects, will be settled without undue delay, no later than 30 days from the date of the complaint.
The warranty period begins on the day of receipt of the goods by the Buyer. The warranty period is 24 months.
Each product is accompanied by a sales document and instructions for use. By accepting the goods, the customer confirms his agreement with the warranty and business conditions. If the goods are not personally collected, the acceptance of the goods means the moment when the goods are received from the carrier.
The right to claim the warranty does not apply to damage caused by:

o mechanical damage to the goods,

o using the goods in conditions that do not correspond in their parameters to the parameters specified in the documentation,

o improper handling, servicing, or neglect of care of goods,

o normal wear and tear of the goods.

The Czech Trade Inspection Authority, Company Identification Number: 000 20 869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: coi.cz, is entitled to resolve out-of-court settlement of consumer disputes arising from the purchase contract.
In the event that the dispute is not settled out of court, mutual disputes between the Seller and the Buyer shall be resolved by the general courts. The applicable law for resolving disputes in the case of concluding a contract with a foreigner is exclusively Czech.

VIII. Product information

Information about the goods offered in the Seller's online store is for illustrative purposes only and may differ in details from the delivered goods.
In the online store there are always current and valid prices of the offered goods without VAT. The price of the goods does not include postage and packaging.

IX. Payment terms

Ordered goods can be paid for:

o payment in cash upon delivery of the goods (cash is taken over from the Buyer by the carrier),

o payment by transfer to the Seller's account after completion of the order.

The goods remain the property of the Seller until full payment.

X. Delivery conditions

Sending by transport service: The ordered goods will be sent by the selected transport service. Transportation time to e buyer depends on the type of transport and may be a limit 1 to 5 working days. The price of transport is governed by the price list of the carrier current on the day of the order.
The buyer is obliged to take over the partial delivery of goods.
If the subject of an order for special tools, the seller reserves the right to deliver to buyer special tools are less than or greater than the stated original order, the difference between the amount of special tools specified in the order and the amount of special tools actually delivered to the purchaser may not exceed +/- 10 % of the quantity stated in the order, in case the ordered quantity is more than 20 pieces, in case the ordered quantity is 10-20 pcs, the deviation in delivery against the ordered quantity may be +/- 2 pcs, in case of the ordered quantity less than 9 pcs, the deviation in the delivered pieces can be +/- 1 pc. The buyer is obliged to accept such a delivery and pay for it the purchase price corresponding to the quantity of delivered goods.
The buyer is obliged to take over the delivery of goods, with the exception specified in Article X, paragraph 5 of these terms and conditions. If the buyer does not take over the goods upon delivery, the Seller is entitled to withdraw from the purchase contract.
If, for a reason on the part of the Buyer, it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, as well as costs associated with other methods of delivery.
When accepting the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and report any defects to the carrier. The Buyer is not obliged to take over the goods with obviously damaged packaging from the carrier.
By signing the delivery note, the buyer confirms that the consignment of goods met all the conditions and requirements and any subsequent claims regarding breach of the packaging of the consignment will not be taken into account.
Other rights and obligations in the transport of goods may be regulated in the relevant delivery conditions of the carrier.

XII. Final provisions

These business conditions form an integral part of every contract concluded between the Seller and the Buyer with effect from 1.1.2021.
Current business conditions are available on the Seller's website.
The seller reserves the right to change these terms and conditions without prior notice.