Terms and Conditions
General terms and conditions
- "Consumer's contract" is a purchase contract, contract for work and materials or other contracts providing that contracting parties are Consumer on one side and Seller on the other.
- "Seller" is the trading company ATEX - spol. s r.o., with the company address at Vážného 3, Brno, Company registration no.: 46963146, registered in the Register of companies in division C., entry 6500 at County council in Brno. ATEX - spol. s r.o. is a person that during proceeding with the contract, acts within its business or other entrepreneurial activities. It is an entrepreneur, that supplies the buyer with products or services either directly or via other entrepreneurs.
- Customer of our internet shop is "Buyer". With regards to the current legisltion we distict buyers that are Consumers and buyers who are not Consumers.
- "Consumer buyer" or just "Consumer" is a person that while contracting or carrying out the contract does not act within their business or other entrepreneurial activities.
- "Buyer that is not a consumer", is a person who buys products and use services in order to make business with these products or services. This Buyer follows business conditions to extend that involve them according to Commercial Code.
Contract of sale
- By placing an order the Buyer is proposing the Contract of sale and this contract is concluded the moment of mutual agreement between the Buyer and the Seller over this proposal (binding confirmation of the order by seller). From this moment on the mutual terms and conditions arise.
- By concluding Contract of sale the Buyer confirms that they have been acquainted with these terms and conditions including warranty terms and that they agree on them. Buyer is sufficiently notified of these terms and conditions including warranty terms and has a chance to read them before placing an order.
- Seller reserves the righ to cancel the order or part of it before concluding Contact of sale but only in these cases: goods is no longer produced or supplied or the price has been significantly changed. In case of these, the Seller will contact the Buyer with proposal of how to proceed next. In case that the buyer has already paid partly or fully for the goods, they will be refunded by bank transfer and Contract of sale will be defaulted.
Contrary to Contract of sale
Provided that the subject of adoption is not in accordance with the Contract of sale (further only 'Contrary to Contract of sale'), the Buyer has a right to ask the Seller to put the subject of the adoption into the state in accordance with the Contract of sale without delay and free of charge. This will be done upon buyer's request by exchange or correction. If not possible, the Buyer can demand an adequate discount from the original price or resign from the contract. This does not apply if the Buyer was acknowledged about the contrary of the contract before adoption or caused it by themselves. Contrary to Contract of sale that arises during six months after adoption of the goods is considered an already existing contrary during adoption, provided it does not contradict the nature of the goods or is not proved otherwise.
Right of withdrawal
If the Contract of sale is concluded via means of distant communication (through internet shop), the Consumer Buyer has a right to withdraw from the Contract within 14 days of adoption according to § 53 art. 7 of Civil Code. In this case the consumer contacts the Seller in writing and announces that they wish to withdraw from the Contract providing number of the order, date of sale and account number or address for refund. Withdrawal from the Contract has to be delivered on the 14th day of the period the latest.This legal provision cannot be understood as a rental of the goods free of charge. Buying consumer that decides to withdraw from the contract has to return all that they purchased from the seller within 14 days. If it is proven to be impossible ( for example when the goods were damaged or used in the meantime), the buying Consumer has to provide financial substitute in consideration of what cannot be returned. If the returning goods is damaged only partially, the Seller can still require a replacement of the damage and calculate it from the original price. In such occasion the Buyer is obliged to prove the damage. Seller will therefore refund only part of the original price. The delivery cost is paid by the Buyer. There is no right to withdraw from the contract by the Buyer if it is specifically arranged between the two parties or in case of these contracts:
- to provide Services if the goods was adopted before the 14 day period from adoption,
- to deliver Goods or Services whose prices depend on deviation of financial market not depending on the Seller
- to deliver Goods adjusted according to Seller's requirements or for their own needs or goods that is perishable, can wear and tear or outdated goods
If a customer decides to withdraw from a contract without stating a reason and sends the clothes back to the seller, the shipment cost is paid by the customer.
Information and data concerning the Customer are presered in accordance with current legal system of the Czech Republic, in compliance with the Personal data protection law No.: 101/2000 rec. ATEX - spol. s r.o., has taken all the necessary precautions to ensure the security of its database and the protection of its IT system, and to prevent in particular any distortion, damage or acces by unauthorised third party. The exception are external shipping companies that only receive minimal access necessary for shipping. Without customer consent ATEX - spol. s r.o., use their personal data exclusivelly within the Personal Data protection law. ATEX - spol. s r.o. according to § 5 art. 5 of Personal data protection can only use the name, surname and address in order to offer business and services from the position of administrator of personal data. At request it is possible to delete this data from the database. Administrator hereby cannot process the data and further.
All materials published on ATEX - spol. s r.o. websites are protected by copyright. Products and services that are displayed on websites, information about them and their pictures can be protected by other copyrights of other persons involved. Names and titles of products, services, companies and organisations can be registered business marks of particular owners. Any part of the websites (especially descriptions and pictures of products, prices and categories and parameters) cannot be copied by electronical or mechanical way or accessed to public without written consent of copyright holder.
Company ATEX - spol. s r.o., states that some website content is adapted from third parties, they can include factual or technical inaccurancies or typographical mistakes and they can be updated without warning. ATEX - spol. s r.o., can change products or services described on their websites without prior notification and they do not quarantee factual accuracy. ATEX - spol. s r.o., is not liable to any other party in direct, indirect or exceptional or other damages caused by using information from their or referenced websites including (but not exclusively) lost profits, invested expenses, breach of production or other damages. ATEX - spol. s r.o., does not provide any guaranty or warranty except for those implying from the Warranty law that are offered by supplies of products and services beyond the law but are stated on their websites if they are stated at all. Information published on websites by ATEX - spol. s r.o., cannot be interpreted as a statement of suitability for a particular usage of the goods or services unless the Customer received such a recommendation in writing from ATEX - spol. s r.o. at request.
These business provisions are valid in full as stated on websites of the Seller on the day of concluding the Contract. After confirming Consumer's order the contract between the Buyer and the Seller is concluded and archived to be fulfiled and for records. The state of order/Contract can be seen by the buyer. The Contract can be concluded in Czech or in other languages if necessary. The Buyer has a possibility to be informed and to correct any mistakes arrising when proceeding data before placing order. These commercial provisions allow the Consumer to archive and reproduce. The moment the contract is concluded, the buyer adopts all regulations of commercial provisions as stated on the day of placing an order including the price of the goods stated in confirmed order if not arranged differently. These provisions come into effect on 1st October 2007.