Terms and conditions
These terms and claim conditions (the “Terms and Claim Conditions”) of APNEAUTIC Ltd., established Cs. Armady 404/13, 160 00, Prague 6, ID: 24721565 (hereinafter referred to as “Seller”) regulate the mutual rights and obligations of the parties arising from a contract concluded between a seller and a natural person or legal entity (hereinafter referred to as “Seller”) through the online store which is operated by the seller on the website www.apneautic.com through a web interface.
Business terms and claim conditions do not apply to cases where a person, who intends to purchase goods for a seller, acts during the purchase of goods on behalf of its business.
Order and delivery conditions
Buyer's order becomes binding after mutual email confirmation, in writing by mail, or by telephone. Order confirmation is automatically generated so if the price specified in the order is different from the actual price the buyer will be promptly contacted by phone.
Buyer agrees to use the means of distance communication in the conclusion of the purchase contract. Costs incurred by the buyer when using means of distance communication that relate to the conclusion of the purchase contract, the buyer pays itself.
Goods are sent via the Czech Post, or transportation company PPL. Shipping company selects the seller with regard to the optimal price of the service and delivery time which also depends on the country of destination. This also corresponds to the final price for delivery of the goods. The customer will be notified in advance prior to invoicing.
Orders to countries outside the EU where the customer requires sending the ordered goods without VAT will be charged for the export custom procedures according to the applicable regulations of the Czech Republic. This amount usually ranges from 30 to 40 EUR.
Goods are sent within three working days from the date of crediting the payment for ordered goods on the company account of the supplier. Time of delivery depends on the Delivery Company and destination. Pick up of the goods at the premises of the seller is also possible.
Buyer may cancel the order by sending an email to email@example.com, but no later than the goods is shipped out. The buyer must indicate in particular the order number and the fact that the order is to be canceled. The buyer will be informed either by phone or by email that the cancelation of the order has been processed.
If the seller is not able to deliver the goods ordered by the buyer, either wholly or in part, the seller contacts the buyer within two working days after the order, with the proposal for further action in the matter of this order.
Payment terms and price of goods
All prices include VAT. Prices of goods are valid at the time of order.
It is not possible to apply any additional discounts from the price listed on the website. Also no customer card benefits are applicable.
Price of the goods, together with the postage and package charge can be paid in the following ways:
- Credit transfer to the account of the seller.
- In cash during a pickup at the premises of the supplier
In case of the credit transfer to the seller’s account, you must wait until the variable symbol is allocated to this specific payment.
Invoice is sent to buyer together with ordered goods (it is attached to it).
Transport and delivery
Seller guarantees the quality and completeness of the delivery. Goods are delivered with warranty specified in the warranty list. If the buyer finds a defect of the goods on delivery, then the buyer has to notify the seller promptly.
Upon receiving the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods. If any damage is found, the buyer must notify the carrier as soon as possible. If the damaged packaging indicates violent manipulation/entry of the goods, the buyer does not have to receive the shipment. The buyer confirms that the shipment met all the terms and conditions with signature of delivery note. Therefore, all later claims concerning the damage of packaging will be ignored.
Withdrawal from the contract in the mail-order sales
In accordance with § 53 paragraph 7 of the Act 40/1964 Coll., The Civil Code a buyer who is a consumer has the right to withdraw from the contract within 14 days starting from the date when the goods were received, provided that the contract was concluded by means of distance communication. If the buyer decides to take advantage of this right, it is absolutely necessary for the goods and the notification of intended withdrawal to be delivered back to the seller within 14 days from the date the buyer received the goods.
If the buyer decides to take advantage of this right, it is also necessary to send a cover letter (along with the goods) stating the bank account number where the money for returned goods are to be refunded.
Goods need to be returned complete, with complete documentation and accessories as well as it has to be undamaged and clean. In case the returned goods will be incomplete or damaged, the seller may analogically reduce the refund from the original purchase price in accordance of § 458 of the Act 40/1964 Coll., The Civil Code.
The compensation for returned goods will be send by seller to the buyer within 30 days from the date of withdrawal from the contract.
Liability for defects and warranty
The rights and obligations of the parties concerning liability for defects as well as warranty liability of the seller shall be governed by applicable law, in particular the relevant provisions of Act 40/1964 Coll., The Civil Code.
The warranty period starts on the day of receiving the shipment by the buyer.
Seller holds no responsibility for any defects which were, therefore, discounted.
The buyer can file a complaint to any bought goods within 24 months period from the date of purchase.
Compliance with the contract
Seller guarantees to the buyer that the goods to be sold are during receiving by the buyer in accordance with the contract, particularly free of defects.
The compliance with the contract means that the sold goods have the quality and value given by the contract; described by the seller, manufacturer or his representative or is expected due to their advertisement; or the quality and value is for this kind so common that meet all necessary legislation. Moreover it is in appropriate quantities, weights and volumes and corresponds to the purpose for which the seller the goods show or for the matter the goods are normally used for.
If the contract is not in compliance with the contract (hereinafter referred to as “conflict with the contract”) on delivery, the buyer has the right to ask the seller to put it to the state that is in compliance with the contract free of charge and with no delay. The buyer can ask the seller to exchange the goods or repair it. If such a procedure is not possible, the buyer may request reasonable discount from the purchase price or withdraw from the contract. This does not apply if the buyer knew about the conflict with the contract before the delivery or if the buyer caused the conflict with the contract.
Conflict with the contract which will take effect within six months from receiving the goods shall be considered as it have already existed during the delivery unless it is conflicted with the nature of the matter or it is proven otherwise.
Place of filing the complaint
The claim of the goods must be applied at the premise of the seller either personally or through the shipping company (e.g. Czech Post or PPL).
A request to change the goods (in accordance with the law on the protection of consumers or the Civil Code), or to withdraw from the contract is to be applied only at the seller premises. For the smooth claim, it is appropriate to prove yourself with the properly filled warranty card which is proof of the product.
Means of fulfilling
The claim is done by unilateral legal act in which the buyer points out the specific defect (marks defective properties of the goods or circumstances that prevent its use) and informs the seller which specific claim of liability for defects actually claims.
In case of filing the complaint through the shipping company, it is absolutely necessary to pack the claimed product carefully to prevent it from any further damages during transportation. It is also necessary to attach a brief description of all defect for which the complaint is filed; the buyer’s request for settling the claim, email address for further communication with the buyer and address to which the settlement of the claim is to be sent.
Complaints technician decides to take in the complaint immediately or, in more complicated cases, within three working days. This period does not include adequate time according to the product or service required for a professional assessment of a defect.
When the complaint is accepted the buyer will be notified via email. The complaint report will also be sent there. If the buyer does not possess any email address the complaint report is sent to him/her via mail.
Claims including the removal of defects must be processed within 30 days of the claim unless the seller and buyer agree on a longer period.
How to claim
The complaint technician can exchange the defective goods for new one instead of repairing the defective goods. This decision depends only on complaints technician, the buyer has no right to demand such a settlement of claim by law except the cases listed below.
The buyer may ask for exchange of the goods if the complaint is filed within six months from the date of purchase (compliance with the contract) or if the defect cannot be removed and thus the goods cannot be used as a goods free of this defect or if the defect is removable, but the buyer cannot use the goods properly as the defect appears repeatedly and it has already been previously repaired twice. In these cases it is necessary to put forward original purchase receipt, warranty card and complete package. In case of irremovable or repetitive defect is also important to put forward the repair product for each product.
In case of accepted complaint the buyer has the right for compensation for necessary expenses incurred regarding the application of rights and liability for defects according to § 598 of the Act 40/1964 Coll., The Civil Code.
The buyer has the right for the defective product in the warranty period to be removed properly, in time and free of charge. Claims including the removal of defects must be processed within 30 days of the claim unless the seller and buyer agree on a longer period.
The buyer shall be informed about the claim settlement via email. If the claimed product is sent back to him/her, it is accompanied by repair report from the service center or written report of the complaint (if needed).
Privacy and sending business messages
Personal information that is provided by the buyer is collected, processed and stored in accordance with applicable laws and regulations of the Czech Republic, in particular Act No. 101/2001 Coll. on the protection of personal data.
Buyer agrees with processing of following personal data: name, address, identification number, tax identification number, email address, phone number (collectively referred to everything as "personal data").
Buyer agrees with processing of personal data by the seller for purposes of realization of the rights and obligations aroused from the contract and for the purpose of sending commercial messages and information to the seller.
Personal data shall be processed for an unspecified period. Personal data will be processed electronically (automated manner) or in a printed form (non-automated matter).
If the buyer thinks the seller or processor process the personal data that is in conflict with the protection of private and personal life of the buyer or in conflict with the law, especially if the personal data are inaccurate with regard to the purpose of its processing, the buyer may ask the seller for an explanation, or the buyer may even ask the seller to put the situation back in order.
If the buyer requests the information about the processing of their personal data, the seller is obliged to deliver this information. Seller has the right, however, due to the previous sentence demand adequate compensation for providing this information. The compensation shall not exceed the original costs to provide this information.
Buyer agrees to receive information related to the goods, services or seller’s business to the buyer's email address and agree to receive commercial information from the seller to the buyer's email address.
Privacy and sending business messages
These Business Terms and Claim Conditions become valid on 11th October 2011 and are valid in Czech Republic. Seller reserves the right to change the Business Terms and Claim Conditions without prior notice.