GENERAL TERMS AND CONDITIONS
of the business company BRM AERO, s.r.o.
with registered office at Letecká 255, 686 04 Kunovice, Czech Republic, Europe
identification number: 29190924
registered in the Companies Register maintained by Krajský soud v Brně, section C 64441, insert KSBR
for the sale of goods via an e-shop located at the following Internet address www.bristell.com
1. INTRODUCTORY PROVISIONS
1.1. In accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended, (the “Civil Code”), these Terms and Conditions (the “Terms and Conditions”) of the business company BRM AERO, s.r.o., with registered office at Letecká ev. 255, 686 04 Kunovice, identification number: 29190924, registered in the Companies Register maintained by Krajský soud v Brně, section C 64441, insert KSBR, (the “Seller”), govern the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a Purchase Agreement (the “Purchase Agreement”) concluded between the Seller and another physical person (the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller through a website located at www.bristell.com (the “Website”) via the Website’s interface (the “web interface of the shop”).
1.2. The Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person or a person who acts within the scope of their business activity when ordering goods or under the independent pursuit of their profession.
1.3. Provisions derogating from the Terms and Conditions may be stipulated in the Purchase Agreement. Derogating provisions in the Purchase Agreement take precedence over provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions have been drawn up in Czech language. The Purchase Agreement may be concluded in Czech language.
1.5. The Seller may amend the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising from the period of time the previous version of the Terms and Conditions was in force.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration made on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (the “User Account”). When the web interface of the shop allows so, the Buyer may order goods without registration, directly from the shop’s web interface.
2.2. The Buyer is obliged to provide correct and truthful information when registering on the website and when ordering goods. The Buyer is obliged to update the data in the user account if any change in such data occurs. The data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be correct.
2.3. Access to the user account is secured by a username and a password. The Buyer is obliged to maintain confidentiality with regard to information necessary to access their user account.
2.4. The Buyer does not have the authority to allow third parties to use the user account.
2.5. The Seller may cancel the user account, particularly when the Buyer has not used their user account for longer than 1 year, or when the Buyer breaches their obligations under the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, in particular with regard to necessary maintenance of the Seller’s hardware and software or the necessary maintenance of the hardware and software of third parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. The presentation of all goods placed on the web interface of the shop is of informative nature and the Seller is not under any obligation to conclude a Purchase Agreement in relation to these goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the cost of returning the goods if such goods cannot, by definition, be returned by usual postal means. Prices of goods listed are inclusive of VAT and all other taxes and fees. The prices of goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the Seller’s ability to conclude a purchase agreement for individually negotiated terms.
3.3. The web interface of the shop also includes information on packaging and shipping costs. Information on the packaging and shipping costs specified on the web interface of the shop applies only when the goods are delivered within the Czech Republic.
3.4. To order the goods, the Buyer shall complete the order form on the web interface of the shop. The order form contains, in particular, information on:
3.4.1. the goods ordered (the Buyer shall “place” the ordered goods into an electronic shopping cart on the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the required way of delivery of the ordered goods, and
3.4.3. information on the costs associated with the delivery of the goods (jointly as the “Order”).
3.5. Before sending the Order to the Seller, the Buyer has an opportunity to check and modify the data they have entered in the Order, including an opportunity to identify and correct any errors caused by entering the data into the Order. The Buyer shall send the Order to the Seller by clicking the Place order button. The data stated in the Order are deemed correct by the Seller. Upon receipt of the Order, the Seller shall, without delay, confirm the receipt of the Order to the Buyer by e-mail, to the e-mail address of the Buyer stated in the user account or in the Order (the “e-mail address of the Buyer”).
3.6. The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by telephone), depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs).
3.7. A contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order, sent to the Buyer by the Seller by e-mail to the e-mail address of the Buyer.
3.8. The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone call costs) shall be covered by the Buyer, and these costs shall not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. Under the Purchase Agreement, the price of goods and any costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:
- in cash at the Seller’s premises at BRM AERO, s.r.o., Letecká č.ev. 255, 686 04 Kunovice, Czech Republic, Europe;
- by cash on delivery at the place specified by the Buyer in the order;
- by wire transfer to the Seller’s account IBAN IBAN CZ58 5500 0000 0069 0826 7001, BIC / Swift RZBCCZPP maintained with Raiffeisen Bank a.s. (the “Seller’s Account”);
- via a cashless wire transfer by the Stripe payment system;
- via a cashless wire transfer by card;
- through a loan granted by a third party.
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless specified otherwise, the purchase price is understood to be also the costs associated with the delivery of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions on the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or payment by cash on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days from the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with entering a variable symbol of the payment. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
4.6. The Seller is entitled, in particular when the Buyer does not provide additional confirmation of the Order (Article 3.6), to request the payment of the full purchase price before the goods are dispatched to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. If customary in the course of trade or if stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice to the Buyer concerning the payments made under the Purchase Agreement. The Seller is a value-added taxpayer. The tax document – invoice, shall be issued by the Seller to the Buyer after the purchase price of the goods has been paid, and shall be sent in electronic form to the e-mail address of the Buyer.
4.9. Under the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, under the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods which had been modified in line with the Buyer’s wish or for their person; from a purchase agreement for the supply of perishable goods or goods which have been irretrievably mixed with other goods after delivery; from a purchase agreement for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons; and from a purchase agreement for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2. Except situations in Article 5.1. of the Terms and Conditions or another situation when it is not possible to withdraw from the Purchase Agreement, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days from receipt of the goods, in accordance with the provision of Section 1829(1) of the Civil Code. If the subject matter of the Purchase Agreement consists of several types of goods or the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the sample form provided by the Seller, which is annexed to the Terms and Conditions. The Buyer may also send the withdrawal from the Purchase Agreement to the address of the Seller’s business premises or to the e-mail address of the Seller at firstname.lastname@example.org.
5.3. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The Buyer must return the goods 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 bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal means.
5.4. In the event of withdrawal from the Purchase Agreement under 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 Agreement by the Buyer, in the same manner as the Seller has received them from the Buyer. The Seller also has the right to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees to this and the Buyer shall incur no additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer has returned the goods or provided evidence that the goods had been dispatched to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer’s claim for reimbursement of the purchase price.
5.6. If the Buyer has a right to withdraw from the Purchase Agreement under the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time, prior to the Buyer taking over the goods. In this event, the Seller shall return the purchase price to the Buyer without undue delay, via a cashless transfer to the account stipulated by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is concluded with a condition subsequent that should the Buyer withdraw from the Purchase Agreement, the donation agreement with regard to such gift shall expire and the Buyer is obliged to return the gift to the Seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. If for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or to be more precise, the costs associated with another delivery method.
6.4. Upon the takeover of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of damage to the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier. This is without prejudice to the Buyer’s rights arising from the liability for defects in the goods and other rights of the Buyer arising from generally binding legal regulations.
6.5. Additional rights and obligations of the parties in the transport of the goods may be regulated by the Seller’s special terms of delivery, if issued by the Seller.
7. DEFECTIVE PERFORMANCE RIGHTS
7.1. The rights and obligations of the Contracting Parties regarding defective performance rights are governed by the relevant generally binding legal regulations (in particular by 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., Consumer Protection Act, as amended).
7.2. The Seller shall be liable to the Buyer for the goods being free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time of the Buyer accepting the goods:
7.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer with respect to the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the Seller or a purpose goods of that nature are usually used for,
7.2.3. the goods correspond in quality or workmanship to the agreed sample or model, if the quality of workmanship was determined in accordance with the agreed sample or model,
7.2.4. the goods are of the appropriate quantity, measure or weight; and
7.2.5. the goods comply with legal requirements.
7.3. If a defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective upon receipt.
7.4. The Seller has obligations from defective performance at least to the extent of the manufacturer’s obligations from defective performance in force. Otherwise, the Buyer is entitled to raise a claim from a defect that occurs in consumer goods within twenty-four months of receipt. If a period for which the goods may be used is indicated on the goods sold on the packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the provisions of the quality guarantee shall apply. With the quality guarantee, the Seller undertakes that the goods will be fit for their usual purpose or retain their usual characteristics for a certain period of time. If the Buyer has rightfully accused the seller of a defect in the goods, the time for exercising rights under defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
7.5. The provisions of Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price due to the defect for which the lower price had been agreed, to wear and tear of the goods caused by their usual use, in case of second-hand goods to a defect corresponding to the level of wear and tear that the goods had when accepted by the Buyer, or if it arises from the nature of the goods. The Buyer is not entitled to claim defective performance rights if the Buyer knew that the goods had a defect prior to accepting such goods, or if the defect was caused by the Buyer.
7.6. Rights under liability for defects in the goods shall be exercised with the Seller. However, if the confirmation issued by the Seller regarding the scope of the rights of liability for defects (within the meaning of provisions of Section 2166 of the Civil Code) indicates another person designated for repairs who is closer to the Seller’s place or to the Buyer’s place, the Buyer shall exercise the right to repairs with the person designated to carry out the repairs. Except cases where another person is designated to carry out the repairs under the previous sentence, the Seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or in the registered office or place of business of the Seller. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what the content of the claim is and what method of handling the claim the Buyer requires, as well as a confirmation of the date and method of handling the claim, including confirmation and the duration of the repairs, or if need be, a written justification of the rejection of the claim. This obligation also applies to other persons designated by the Seller to carry out the repairs.
7.7. The Buyer may specifically exercise the rights of liability for defects in the goods in person at Letecká č.ev. 255, 686 04 Kunovice, by phone +420 608 306 338 or by e-mail at email@example.com.
7.8. The Buyer shall inform the Seller of the right the Buyer has chosen when notifying the Seller of the defect or without undue delay after having notified the Seller of the defect. The Buyer cannot change the choice made unless the Seller gives consent; this shall not apply if the Buyer has requested the repair of a defect that turns out to be irreparable.
7.9. If the goods do not have the characteristics stipulated in Article 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect. However, if the defect concerns only a part of the goods, the Buyer may only demand the replacement of the part, if this is not possible, the Buyer may withdraw from the contract. But if this is disproportionate to the nature of the defect, especially if the defect can be repaired without undue delay, the Buyer has the right to have the defect repaired free of charge. The Buyer has the right to have new goods delivered or parts replaced even in case of a removable defect, if the goods cannot be used properly due to the recurrence of the defect after repairs or due to a greater number of defects. In this event, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to have new goods without defects delivered, to have parts of the goods replaced or to have the goods repaired, the Buyer may demand a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if remedying the defect would cause the Buyer considerable difficulties.
7.10. Anyone who may exercise a right under Section 1923 of the Civil Code is also entitled to reimbursement of costs reasonably incurred in exercising that right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be announced, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.
7.11. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s Return Policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods at the moment of receipt of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of provisions of Section 1826(1)(e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the following e-mail address: firstname.lastname@example.org. The Seller shall send information about the settlement of the Buyer’s complaint to the Buyer’s e-mail address.
8.4. Out-of-court settlement of consumer complaints arising from the Purchase Agreement is in the competence of the Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague, Company ID no.: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer with respect to the Purchase Agreement.
8.5. The European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).
8.6. The Seller is authorized to sell goods on the basis of a trade license. A trade inspection is carried out by the relevant Trade Licensing Office within the scope of their competence. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (the “GDPR”) relating to the processing of the Buyer’s personal data for the purposes of the performance of the Purchase Agreement, for the purposes of the negotiations on the Purchase Agreement and for the purposes of the performance of the Seller’s public-law obligations by means of a separate document.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. Under the provisions 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, The Buyer agrees to commercial messages being sent by the Seller to the Buyer’s e-mail address or telephone number. The Seller fulfils their information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer’s personal data for the purpose of sending commercial messages by means of a separate document.
10.2. The Buyer agrees to the storage of the so-called cookies on their computer. If the purchase can be made on the website and the Seller’s obligations under the Purchase Agreement can be fulfilled without storing so-called cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. Deliveries to the Buyer may be sent to the e-mail address of the Buyer.
12. FINAL PROVISIONS
12.1. If a relationship based on the Purchase Agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. The choice of law under the preceding sentence does not deprive the buyer, who is a consumer, of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which, in the absence of a choice of law, would otherwise apply under Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, such a provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. A sample form for withdrawal from the Purchase Agreement is attached to the Terms and Conditions.
12.5. Seller’s contact details:
BRM AERO, s.r.o.
Letecká č.ev. 255
686 04 Kunovice
Czech Republic, Europe
e-mail address: email@example.com
telephone no.: +420 608 306 338.
In Kunovice, date 13.9.2021