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FRAM RUBBER PRODUCTS 774 768 975

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Terms and Conditions

I. Introductory Provisions

The operator of the online store www.rubber.cz is:

FRAM spol.s ro
Smetaova 326
250 82 Caverns
Prague-Vychod district

Office: Třemošnická 358, 25726 Divišov, Benešov district

ID number: 00472875
VAT number: CZ00472875

(hereinafter referred to as e-shop)
All contractual relationships are concluded in accordance with the legal order of the Czech Republic.
Legal relationships that are not expressly regulated by these terms and conditions are governed by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code").

If the Buyer is a consumer (a person other than an entrepreneur who places an order or concludes a contract with the Seller as part of his business activity), the rights and obligations of the Seller and the Buyer are also governed by the provisions of § 2158 et seq. ObčZ ("Special provisions on the sale of goods in a shop")
and in the case of consumer buyers also by Act No. 634/1992 Coll., on consumer protection, as amended (hereinafter referred to as "Zos").

II. Definitions

Consumer contract – purchase contract, contract for work, provision of service, or other contracts according to the Civil Code, if the contracting parties are on one side
consumer (a person other than an entrepreneur who places an order or concludes a contract with the seller as part of his business activity or
as part of the independent performance of his profession) and on the other hand the supplier, or the seller.

Seller - operator of an online store - a person who, when concluding and fulfilling a contract, acts as part of his business or other business activity.
This is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.

Buyer - consumer - a person who, when concluding and fulfilling the contract, does not act as part of his business activity. It is a natural or legal person,
that purchases products or uses services for a purpose other than to do business with those products or services.
A buyer who is not a consumer – an entrepreneur who buys products or uses services as part of his business activity or as part of the independent exercise of his profession.

III. Processing of personal data and their use

Access to the e-shop may be conditional on the provision of some personal data of the buyer. In such a case, the Seller will handle this data in accordance with applicable legal regulations, especially in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended. Personal data will be fully secured against misuse. Data will be stored and not shared with third-party applications. The Seller may use the provided personal data beyond the scope of processing necessary for the conclusion and fulfillment of the contract only under the conditions specified below. The buyer acknowledges that the e-mail address specified by him, provided in connection with the purchase of a product or service, can be used to send commercial communications from the e-shop in accordance with Act No. 480/2004 Coll., as amended, with an offer of similar
product or service. In the event that the addressee does not wish to receive further commercial communications, he can express his disapproval of the sending of commercial communications by sending an e-mail containing his objection to the sending of commercial communications to the e-shop's e-mail address.

IV. Order acceptance and processing, purchase contract

A condition for a valid electronic order is the filling in of all prescribed data and requirements listed in the order form. Before the Buyer definitively confirms the order, he will have the right to check the entire order and the entered data.
If the Buyer agrees with the form of the order, the order will be sent for processing with final effect by pressing the order confirmation button. This submission is binding.
The purchase contract is created by the sending of the order by the Buyer after choosing the transport and payment method and the acceptance of the order by the e-shop, the e-shop is not responsible for any errors during data transmission. The e-shop will immediately confirm the conclusion of the contract to the Buyer by sending an informative email to the email entered by the Buyer.

The Seller reserves the right not to accept the Buyer's order in the event of an obvious error regarding the price, description or image of the product in the product catalog listed on the Seller's e-shop at any stage of order processing. The Buyer will be informed by phone or email about the non-acceptance of the order due to an obvious error.

The seller reserves the right to cancel the order or its part in the following cases:

  • the goods are no longer manufactured or supplied or the price of the supplied goods has changed significantly.
  • In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on the next course of action.
  • If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account, and the purchase contract will not be concluded.

The seller reserves the right to refuse to process an order for goods that are not on offer in the e-shop,
as well as an order for goods that the manufacturer or supplier cannot deliver (it is no longer produced, other colors cannot be delivered, etc.).

The contract is concluded in the Czech language. If a translation of the text of the contract is created for the buyer's needs, the interpretation of the contract in the Czech language applies in the event of a dispute over the interpretation of terms.

V. Prices

Prices listed on the e-shop are listed as final, including VAT. Transport costs, the amount of which may vary according to the specific order (depending on the chosen transport method), are subsequently added in the order form. The final calculated price after filling out the order form
it is already listed including the shipping fee. The price specified for the goods at the time of ordering the goods by the Buyer applies as the price upon conclusion of the contract between the Seller and the Buyer. This price will be stated in the order and in the email confirming receipt of the order.

VI. Delivery of goods

The buyer / consumer is obliged to properly take over the goods from the carrier, check the integrity of the packaging, the number of packages and, in the event of any defects, immediately notify the carrier himself. If the packaging is found to be damaged, indicating an unauthorized intrusion into the shipment, the Buyer is advised not to accept the shipment in his own interest! By taking over, the Buyer confirms that the shipment met all the conditions and requirements mentioned above and that later complaints about damage to the package of the shipment will not be taken into account.

VII. Return of goods - withdrawal from the contract within 14 days

  1. A buyer who concluded a distance purchase contract and purchased goods in an e-shop has the right to return the goods within 14 (fourteen) days of delivery without giving a reason (in accordance with the new Civil Code § 1829 paragraph 1)
  2. If the buyer withdraws from the contract, he shall send or hand over to the seller, without undue delay, no later than 14 (fourteen) days from the withdrawal from the purchase contract, the goods he received from him.
  3. Provision § 1832, paragraph 4 of the Civil Code states that "if the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer-consumer before the buyer-consumer returns the goods to him or proves that he sent the goods to the seller."
  4. We recommend returning the goods as much as possible in their original condition, undamaged, unused, unworn, unwashed, including original tags, labels and sales documents.
  5. After the goods are returned (we do not accept cash on delivery returns), funds will be returned to the buyer to the bank account number provided by him.
  6. If the buyer returns used, damaged, washed goods, without original packaging, tags... within the 14-day period, the purchase price for the goods will not be refunded in full. In this case, the seller will reduce the purchase price by wear and tear.
  7. The cost of delivering the goods back to the seller is fully covered by the buyer. The goods can also be returned in person after prior agreement.
  8. If you withdraw from the contract with the Seller, we will return to you without undue delay, no later than 14 days from the day on which we were informed of your decision to withdraw from the contract, all payments we have received from you, including the costs of delivering the goods to you (except for additional costs incurred as a result of your chosen delivery method, which is different from the cheapest standard delivery method offered by the Seller).

For the purposes of exercising the right to withdraw from the contract, you must inform the Seller of your decision to withdraw from this contract by sending a notice of withdrawal within the aforementioned period of 14 days , in the form of a clear statement (e.g. a letter sent by post or e-mail).
We will immediately send you a confirmation of receipt of this notice of withdrawal from the contract.

VIII. Rights from defective performance – Complaints

The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., Civil Code).

The Buyer is entitled to exercise the right from a defect that occurs in the consumer goods within 24 months of the Buyer taking over the item. The contractually provided warranty period starts from the date of acceptance of the goods by the Buyer.
If a defect becomes apparent within six months of receipt, it is considered that the item was already defective upon receipt.

  1. The seller is responsible for defects arising after taking over the goods within the 24-month warranty period or during the period of use indicated in the advertisement, on the product packaging or in the attached instructions.
  2. The buyer is obliged to file a claim with the seller without undue delay after discovering the deficiency. You cannot use a damaged item. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.
  3. The buyer can apply to the seller, no later than two years (unless otherwise stated for the goods) from the receipt of the goods, according to his request, for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
  4. If repair or replacement of the goods is not possible, the buyer may request a full refund of the purchase price based on withdrawal from the contract. He can also demand a reasonable discount from the purchase price.
  5. The seller is not obliged to satisfy the consumer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
  6. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated.
  7. In the case of a defect that constitutes an insignificant breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount from the purchase price.
  8. If a removable defect has occurred repeatedly after repair (third complaint for the same defect or fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from the contract .
  9. When taking over the goods, the buyer is obliged to check the goods and immediately resolve any defects caused by the transport with the carrier (write up a complaint protocol). The seller is not responsible for damage caused by the carrier.
  10. We handle complaints without unnecessary delay, but no later than within the statutory period of 30 days.

The customer acknowledges that due to the large number of different types of monitors with different color settings, the color of the goods offered in the photos in the e-shop may differ minimally from the colors of the goods in reality.

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Contact

FRAM spol.s ro
Třemošnická 358
257 26 Divišov
Benešov district

ID number: 00472875
VAT number: CZ00472875

+420 774 768 975

prodejna@rubber.cz
www.rubber.cz

www.guma-fram.cz

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