General Business Terms and Conditions
I. Introductory Provisions
These General Business Terms and Conditions (hereinafter referred to as the GBTC) apply to purchases from the e-shop on the website shop.arles.cz run by the company ARLES, s.r.o. (for further details, see Seller in Part II), and to other means of entering into contracts without the simultaneous physical presence of the parties. The General Business Terms and Conditions are an integral part of every purchase contract and regulate the relationships established between ARLES, s.r.o. as the Seller as the first party and the Buyer as the other party, as part of the implementation of an internet transaction in compliance with Act No. 89/2012, the New Civil Code (NCC).
II. Definition of Basic Terms
An electronic shop is a form of entering into contracts with the exclusive use of at least one communications tool, without the simultaneous physical presence of the parties. It is an order system operated on the website of an entrepreneur in the position of the Seller who offers goods or services to Buyers.
An entrepreneur is anyone who perform a profitable activity independently and in a continuous manner on his/her own account and at his/her own risk, on the basis of a trade licence or similar authorization in order to make a profit. For the purposes of the GBTC, an entrepreneur shall be considered any person who enters into contracts related to his/her own business, production or similar activity as part of the performance of his/her self-employment, or a person who acts for and on behalf of an entrepreneur.
A consumer is anyone who enters into a contract with an entrepreneur or otherwise deals with an entrepreneur beyond his/her own business activities or beyond the performance of his/her self-employment.
A Buyer is either a consumer or an entrepreneur.
Goods are purchased on the basis of a purchase contract, under which the Seller undertakes to hand over to the Buyer the item that is the subject of the purchase and by which the Seller allows the Buyer to acquire the property title to the item, and under which the Buyer undertakes to take over the item and pay the Seller the purchase price. If the contract is entered into between an entrepreneur and a consumer, it is a consumer contract. A consumer contract concluded between ARLES, s.r.o. as the Seller and a consumer as the Buyer is a contract entered into in a remote manner via the internet.
When using the internet, the content of a proposal must be information necessary for entering into a contract in accordance with essential requirements of general legislation. This information must be provided in a clear and comprehensible manner, taking into account the principles of good faith and protection of the more vulnerable contracting party - consumers, especially minors.
General Business Terms and Conditions (hereinafter referred to as the GBTC)
A text more clearly defining and clarifying the rights and obligations of a supplier and a consumer in their contractual relationship, to which the offering party sufficiently and visibly refers the consumer on the website of the e-shop before the contract is entered into, and with which the consumer has the opportunity to become familiar sufficiently in advance before entering into the contract. This text then becomes an integral and binding part of the contract.
The Seller is ARLES, s.r.o., a company, which acts within the scope of its business or a different business activity when entering into and performing a contract.
Company ID No.: 25544276
VAT Reg. No.: CZ25544276
Registration: ARLES s.r.o. is registered in the Commercial Register maintained by the Regional Court in Brno, Section C, File 32123.
Opening hours: Mon-Fri 8:00 a.m. - 5:00 p.m.
Acceptance of orders to be delivered within the Czech Republic usually by the next working day by 5 p.m.
III. Communication Prior to Entering into a Contract with a Consumer
Pursuant to the Act No. 89/2012 Coll., (hereinafter referred to as the NCC), the Seller shall provide the consumer with the following information before entering into a contract:
- The costs of remote communications tools do not differ from the basic rate.
- The consumer shall not be obliged to make an advance payment or a similar payment unless such a payment is arranged individually in advance.
- If the subject of the contract is a repeated performance, the shortest period for which the contract will be binding for the parties shall be 6 months from the date of entry into the purchase contract.
- If the contract is concluded for an indefinite period of time, or if the subject of the contract is repeated performance, the price shall be set on the basis of data specified on the website at the moment of entry into the purchase contract.
- If the contract is entered into for an indefinite period of time, the consumer shall also be charged, in addition to the price including applicable VAT, transportation costs according to carriers’ current price lists.
- The consumer shall be entitled to withdraw from the contract within 14 days following the receipt of the goods under the terms and in the manner specified in Article X.
- If the consumer withdraws from the contract, he/she shall pay the costs related to returning the goods.
- The subject of the performance does not consist in services.
- If the consumer does not agree to a complaint being handled by a specialist employee of the Seller, he/she can address the Seller’s statutory body or a competent government supervisory body.
IV. Personal Data Protection
- The Seller undertakes to respect and protect personal data provided by the Buyer in accordance with the Act on Personal Data Protection and Amendment to Some Acts (Act No. 101/2002 Coll.). The Seller hereby declares that all personal data is confidential, shall only be used for the internal needs of the e-shop www.arles.cz, and shall neither be made public nor disclosed to any third parties (except for external carriers to whom customers' personal data is provided in the minimum extent necessary for the delivery of goods) nor misused in any way. By entering into a contract, the Buyer agrees to the processing and collection of his/her personal data in the Seller's database following the successful performance of the contract until the Buyer revokes such consent in writing (e-mail is sufficient). The Buyer has the right to access his/her personal data, the right to correct it, and other rights related to such personal data as stipulated by law.
- The personal data provided shall be used particularly for the following purposes:
- For successfully handling orders from the Buyer, complaints, etc.
- For informing the Buyer about facts directly related to his/her orders, complaints, etc.
- For providing the Buyer with information about goods, prices, etc.
- Is not true;
- Was provided by a person or entity to whom it does not belong;
- as provided with an intention contradicting applicable laws of the Czech Republic.
V. Purchase Contracts and Orders
A purchase contract shall originate between the Seller and the Buyer when a properly placed order is provably sent in the manner and under the terms and conditions specified below, and this contract shall be binding for both the Seller and the Buyer.
- Orders can be placed in the following manners:
- Via the e-shop at shop.arles.cz;
- By e-mail sent to firstname.lastname@example.org, or the address of any other dealers;
- By fax;
- By phone (this involves a phone call with a dealer, which is charged on at the rate of standard tariffs determined by the Buyer’s phone operator);
The costs incurred by the Buyer when using remote communications tools in relation to entry into a purchase contract (costs of an internet connection or telephone calls) shall be paid by the Buyer.
- By sending an order, the Buyer confirms that he/she has become familiar and agrees with these GBTC and the Complaints Procedure in the wording valid and effective at the moment the electronic order is sent. The Buyer fully understands the wording of the GBTC and the Complaints Procedure. He/she is aware that, as the Buyer, he/she is bound by the GBTC from the moment of entering into a purchase contract onwards.
The current versions of the GBTC and the Complaints Procedure are available to download on the e-shop's website, www.arles.cz. A valid contract (including the agreed price) can only be amended or cancelled by agreement between the parties or for legal reasons. The parties shall enter into a contract in Czech, unless circumstances on the part of the Seller or the Buyer exclude such a possibility; a contract may also be entered into in another language that the parties understand, but shall continue to be governed by Czech law. The Buyer's orders, with the exception of telephone orders, shall be archived by the Seller for the purpose of their successful fulfilment and shall not be made available to third parties. Information about individual technical steps leading to entry into a contract is apparent from the order process in our e-shop, and the Buyer has the opportunity to check and correct an order before submitting it.
- The Seller reserves the right to refuse to accept orders placed via ICQ, Skype or other IM communications tools not specified above.
- An order implemented in any of the manners specified under item 1 shall be binding and may only be cancelled under the following conditions:
Entrepreneur: If an order of goods ordered from a supplier is cancelled specially at the supplier's request, the Seller can request payment of a contractual penalty up to the amount of 100 % of the price of the goods + transportation costs. The Seller shall always impose such penalties if the order being cancelled is for goods that were specially ordered for the Buyer based on a binding order from the Buyer. When accepting such an order, the Seller is required to notify the Buyer about such goods in writing. A penalty invoice will also be issued if the Buyer refuses to take over the ordered goods, and as a result the order is cancelled automatically.
Consumer: the provisions of article V. (4) shall not apply to consumers.
VI. Price Categories and Prices, and Entering into a Purchase Contract
- All prices are contractual. The Seller shall classify goods into a price category based on part II. of the item "Buyer" of these GBTC.
- The range of goods for sale and the prices of such goods shall remain valid for the period during which they are displayed on the shop's web interface. Discount prices are shall be valid while supplies last according to a specified number of discounted goods or for a specified period of time.
- If the Buyer is an entrepreneur, an order of goods sent by the Buyer shall constitute a proposal to enter into a purchase contract, and the purchase contract itself shall be entered into at the moment that binding consent of the Seller to the Buyer’s proposal is delivered to the Buyer, with the exception of the provisions of paragraph VIII (3).
The prices of an order shall become binding for the Buyer (entrepreneur) at the moment the order is confirmed by the Seller, i.e. upon entry into a purchase contract. Prices are specified excluding VAT. The price is always specified including applicable VAT in an order summary. A new price list shall become valid and effective when it is published on the Seller's website. If some goods are not in stock on the date an order is delivered, the Seller shall invoice the price valid on the date the goods are shipped to the dealer and/or Buyer who is not a consumer.
If the valid price is identical or lower than in the order, it shall not be confirmed to the dealer and/or Buyer who is not a consumer, but the goods will be delivered for the valid price at the time of receipt of the goods, and the potential difference will be refunded to the account of the dealer/Buyer. If the price exceeds the price specified in the order, the Seller shall notify the dealer or Buyer who is not a consumer immediately, and the Buyer/dealer may accept the new price or reject the delivery without penalisation. In the event of a telephone order, the dealer and the Buyer who is not a consumer will always be informed of the valid price for the particular order.
- If the Buyer is a consumer, the placement of goods offered by the supplier on the website shall constitute a proposal to enter into a purchase contract (an offer); a purchase contract originates when the Buyer (consumer) sends an order and the supplier accepts it.
Thus, the prices in an order for consumers are already valid at the moment when an order is sent via the e-shop www.arles.cz. Prices are specified excluding VAT. The price is always specified including VAT in an order summary. The supplier shall immediately confirm receipt to the Buyer by means of an informative e-mail sent to the specified e-mail address; however, this confirmation has no influence on origination of the contract. A contract entered into (including the agreed price) can only be amended or cancelled by agreement between the parties or for legal reasons. (e.g. running out of stock).
VII. Payment Terms
- Payments may be made in the following manners:
- In cash - in the case of collecting goods in person;
- Cash on delivery - if goods are delivered (payment in cash or by payment card);
- Payment in advance by bank transfer to the Seller's account;
- Payment of an invoice with a due date (only for entrepreneurs after fulfilling special conditions).
- In cash - in the case of collecting goods in person;
- Payment in advance by bank transfer - the goods will be handed over to you in person (or sent by a shipping service) after the respective amount is credited to the Seller's bank account. In this case, please contact your dealer, who will send you a document with the necessary information for the bank transfer - you must select only the type of bank account which is suitable for you to make the payment into (we maintain accounts in CZK and EUR).
- Payment of an invoice with a due date (only for dealers after fulfilling special conditions).
VIII. Delivery Terms
1. Collection in Person
The goods may be collected either directly by the Buyer or by an authorized person. This person must provide sufficient proof of identification. If this condition is not met, the Seller reserves the right not to hand the goods over and releases the Seller from any liability for delays or damage.
2. Shipping by a Carrier within the Czech Republic
Goods can be sent to the Buyer by the carrier companies PPL or DPD. The price for transport, including a handling fee, is CZK 85 excluding VAT. The maximum weight of a single package is 31.5 kg. Orders received on a weekday by 5:00 p.m. are usually dispatched on the day of ordering.
Upon delivery, entrepreneurs shall be obliged to check the condition of the consignment together with the carrier (the number of packages and the undamaged condition of the tape and the box) based on an attached waybill, and to refuse to accept an incomplete or obviously damaged consignment. The same procedure is recommended to a Buyer who is a consumer. An incomplete or obviously damaged consignment must be immediately reported to the Seller by calling (+420) 577 113 620 or by sending an e-mail to (email@example.com). Entrepreneurs are obliged to draw up a damage report with the carrier and to send it to the Seller by fax or e-mail within 24 hours (firstname.lastname@example.org). He/she is also required to refrain from further handling the damaged consignment and transported goods, and to keep them for proper documenting by an employee of the carrier.
A complaint shall be filed with the carrier by the Seller. If takeover of the consignment by the Buyer from the carrier is confirmed by a signature in the carrier’s documents, no additional complaints regarding incompleteness or apparent damage may be taken into consideration. The same procedure is recommended to a Buyer who is a consumer. If the consignment packaging is apparently intact but the transported goods have been damaged (e.g. by an impact, shock, etc.), entrepreneurs shall be obliged to make a claim for the damage with the carrier within 2 working days after taking over the consignment and to immediately contact the Seller by calling (+420) 577 113 620 or by sending an e-mail to (email@example.com). At the same time, the entrepreneur shall be obliged not to handle the damaged consignment and the goods any longer and to keep them for proper documenting by a worker of the carrier. A complaint shall be filed by the Seller. The same procedure is recommended to a Buyer who is a consumer. In the event of non-compliance with the procedure specified above, the Seller shall not be held liable for potential damage incurred by the entrepreneur during the transport of the consignment.
3. Price of a Consignment within the Czech Republic
The same conditions apply to the carrier companies PPL and DPD.
- A transportation fee of CZK 85;
- A handling fee of CZK 25 (billed with every invoice issued);
- A cash on delivery fee of CZK 35.
No transportation fee shall be invoiced for orders exceeding the value of CZK 1,000 accepted via the e-shop by 2 p.m. Prices are specified excluding VAT.
4. Sending Abroad via a Carrier
We send goods abroad via the carrier companies DHL (PPL) and DPD. The maximum weight of a single shipped parcel is 30.0 kg. After confirmation of an order, verify the price for transportation and the delivery date with your sales representative or by sending an e-mail to firstname.lastname@example.org. Upon delivery, the Buyer is required to check the condition of the consignment together with the carrier (the number of packages, the undamaged condition of the tape and box, and any potential damage to the transported goods) based on an attached waybill, and to refuse to accept an incomplete or obviously damaged consignment.
An incomplete or damaged consignment must be reported to the Seller without delay by calling (+420) 577 113 620 or by sending an e-mail to email@example.com, and a record of the damage must be immediately drawn up with the carrier and sent to the Seller within 24 hours by fax or e-mail (firstname.lastname@example.org).
He/she is also required to refrain from further handling the damaged consignment and transported goods and to keep them for proper documenting by an employee of the carrier. A complaint shall be filed by the Seller. If the takeover of the consignment by the Buyer from the carrier is confirmed by a signature in the carrier’s documents, no additional complaints regarding incompleteness or apparent damage may be taken into consideration. In the event of non-compliance with the procedure specified above, the Seller shall not be held liable for potential damage caused during the transport of the consignment.
5. Delivery of Goods in Zlín
Every Tuesday and Friday we deliver orders exceeding the value of CZK 1,000 in Zlín free of charge. A transportation fee of CZK 85 and a handling fee of CZK 25 will be charged for orders with a value of up to CZK 1,000 for every invoice issued. Prices are specified excluding VAT.
IX. Warranty Terms and Conditions
The warranty terms, conflicts with the purchase contract, the claims procedure, issuance of a warranty certificate and exercising of rights related to liability for damages are governed by the Seller's Complaints Procedure, which forms an integral part of these GBTC.
X. Take-Back of Electrical Devices
With regard to Act No. 185/2001 Coll., on waste and the amendment of some other acts, as amended, we allow our customers to hand in an old appliance or electrical device for disposal free of charge.
You can either hand in electrical appliances or devices bought from our facility in person at the registered office of our company, or send them by the carrier companies PPL or DPD after arranging the terms of collection.
Electrical devices must not be disposed of along with mixed household waste, but thrown away at designated places, i.e. at waste collection facilities or at places where they are taken back (see above). Those devices and waste will then be used for the production of new devices. Hazardous and harmful substances contained in such devices and waste can harm the environment or people’s health.
Take-Back of Batteries and Accumulators
We take back batteries and accumulators from our customers. The best way of disposing of waste batteries in terms of environmental protection and protection of people’s health, is to recycle them. In order for a waste battery to be recycled, you must hand it in at a so-called take-back point or at a separate collection point. You can hand in batteries and accumulators free of charge at any of our shops at any time during opening hours.
Customers are also entitled to hand in batteries and accumulators at collection points of the company ASEKOL, which are listed on its website.
You should find this “crossed out rubbish bin” symbol on every battery or accumulator, reminding us of the fact that batteries must not be thrown into mixed household waste, but must be handed in at designated places.
If you also find the symbols Pb, Cd or Hg under the crossed out rubbish bin symbol, this means that those batteries contain the especially dangerous elements lead, cadmium and mercury.
XI. Withdrawal from a Purchase Agreement
1. Withdrawal from a Purchase Contract by a Buyer - Consumer
If a purchase contract is entered into via remote communications tools (in an e-shop), consumers have the right, in compliance with Section 1829 (1) of the Civil Code, to withdraw from the contract without specifying a reason within 14 days of taking over the goods (if the subject of the purchase contract consists in several kinds of goods or a delivery with several parts, this 14-day period shall start on the day that the last delivery of goods is taken over). Notice of withdrawal from the purchase contract must be sent to the Seller within the period of time specified in the previous sentence.
If, in accordance with the previous paragraph, a consumer wishes to withdraw from a contract within a period of 14 days, he/she shall contact the Seller, preferably in writing, stating that he/she is withdrawing from the contract, ideally also specifying the order number, date of purchase and number of the account to which the money shall be returned.
To withdraw from a purchase contract, consumers can also use a sample form provided by the Seller, which forms an annexe to these GBTC. Consumers can also send notice of withdrawal from a purchase contract, among others, to the address of the Seller’s business facility or to the e-mail address email@example.com.
If, in accordance with the previous paragraphs, a consumer withdraws from a contract, the Seller shall return the funds received from the consumer (except for amounts representing additional costs for the delivery of goods incurred as a result of the consumer choosing a delivery method which is different to the cheapest standard goods delivery method offered by the Seller) within 14 days of withdrawal from the purchase contract, and shall do so in the same manner in which it received the funds from the consumer, unless the consumer determines otherwise. The Seller shall also be entitled to reimburse a payment provided by the consumer when the consumer returns the goods, or in a different manner if the consumer agrees and incurs no additional costs. If a consumer withdraws from a purchase contract, the Seller shall not be required to return funds received sooner than the Buyer returns the goods or proves that he/she has already sent them to the Seller. However, the Seller shall always do so at most within 30 days.
However, the provisions of the Act concerning withdrawal from a contract within 14 days cannot be understood as a possibility to borrow goods free of charge. If a consumer exercises his/her right to withdraw from a contract within 14 days of taking over a performance, he/she must return everything he/she received on the basis of the purchase contract to the Seller within 14 days of withdrawing from the contract. If this is no longer possible (e.g. if the goods have already been damaged or consumed), the consumer must provide financial compensation for what cannot be returned. If the goods returned are only partially damaged, the Seller can request that the consumer pay damages and set off this entitlement against the purchase price to be returned. In such an event, the Seller shall be obliged to prove the damage it has incurred. In such an event, the Seller shall return the thus reduced purchase price to the consumer.
The Seller can set off its actually expended costs related to the return of the goods against the purchase price to be returned to the consumer.
Pursuant to the provision of Section 1837 of the Civil Code, consumers shall not be entitled to withdraw from a contract in case of contracts:
- for the provision of services if they are provided based on the consumer’s explicit prior consent, before the expiry of the period for withdrawal from the contract, and if the Seller informs the consumer prior to entering into the contract that in such an event, the consumer will not be entitled to withdraw from the contract;
- for the supply of goods or a service, the price of which depends on financial market fluctuations independently of the Seller’s will, which may occur within the period for withdrawal from the contract;
- for the delivery of goods that have been modified according to the consumer’s requirements or for the consumer, or a contract for repairs or maintenance carried out at a place determined by the consumer at his/her request; this, however, shall not apply to subsequent performances of repairs other than those requested or to the delivery of spare parts other than those requested;
- for the delivery of goods in closed packaging which the consumer has taken out of the packaging and cannot put back into the packaging for reasons of hygiene;
- that have been entered into on the basis of a public auction according to the Act regulating public auctions.
2. Withdrawal from a Purchase Contract by a Buyer - Entrepreneur
Entrepreneurs are entitled to withdraw from a purchase contract in accordance with the applicable provisions of the Civil Code, as amended. In the event of an incorrect order from an entrepreneur resulting in the subsequent replacement of the goods (in their original undamaged packaging), the Seller reserves the right to invoice a cancellation fee in the amount of 10% of the price of the returned goods to cover provably incurred costs. This shall not affect the Seller's right to decide whether or not to accept the return of the goods. A cancellation fee of up to 100% of the price of the returned goods will be charged by the Seller if the case involves an incorrect order of goods that were specially ordered for the entrepreneur based on a purchase contract. When accepting such order, the Seller is required to notify the Buyer about such goods in writing.
Entrepreneurs purchase goods as part of their business activities (which are determined by the ID number specified in the purchase document), and are therefore not entitled to withdraw from a contract within 14 days, as this possibility is not provided by law.
3. Cancellation of an Order by the Seller, and the Right to Change Prices
The Seller reserves the right to cancel an order or any part thereof in the following situations:
- The goods are no longer produced or supplied.
- The supplier's price for the goods has changed dramatically (this shall not apply to consumers - see paragraph W).
- If there is an apparent mistake in the price of the goods (i.e. a price evidently different from the usual price for this type of goods), if it is not clearly stated that the particular goods are subject to an extraordinary discount, special campaign or other similar special offer. In such cases, the Buyer will be immediately contacted and further steps will be arranged with him/her. If the Buyer has already paid the purchase price partially or in full, the amount will be returned to the Buyer's account or address as soon as possible.
XII. Final Provisions
- These GBTC entered into force and effect on 12 October 2017.
- We inform you that the images of goods displayed are for informative purposes only. More specific information can be provided to you during an online chat with a dealer, by telephone, or by e-mail.
- The Seller reserves the right to amend these GBTC without prior notification. This provision shall not affect rights and obligations established during the effective period of the previous version of these GBTC.
- By placing an order, the Buyer confirms that he/she fully agrees with all of the items above.