These Terms&Conditions govern the relationship between the parties of the Sale contract and/or commercial relation where on one side figures company Dataflex Security, Ltd., ID No. 03631061, VAT CZ3631061, based in Shiran Tower, Lužná 716/2, Vokovice, 160 00 Praha 6, registered in the Commercial register of the Municipal court in Prague under section C, inset 235086 and all e-shops it owns or conducts as the seller (hereafter referred to as "the seller") and the buyer on the other side.
These Terms&Conditions govern the rights and obligations of the buyers who enter into commercial relation with the seller either as the "consumer buyers" (hereafter referred to as "the consumer") who is defined by section 419 Act No. 89/2012 Coll. or as the individual or legal entity as defined by section 420 Act No. 89/2012 Coll. and by the Trade Act or by any other special act, government institution or organization (hereafter referred to as "the entrepreneur") acting within his own business frame or entrepreneurship when entering the commercial relation with the seller and the rights and obligation for each kind of the buyer are defined below as "the consumer rights and obligations" and "the entrepreneur rights and obligations." If any of these rights and/or obligations are common both for consumer and entrepreneur, consumer and entrepreneur are both referred to as "the buyer."
The legal relationships between the seller and the consumer are governed by the Terms&Conditions below and further if these Term&Conditions are unedited by the Act 89/2012 Coll. (hereafter referred to as "The Civil Code") and by the Act 634/1992 Coll. about consumer protection and the legal relationships are further governed by other regulations adjusting relationships between the seller and the buyer.
The legal relationships between the seller and the entrepreneur are governed are governed by the Terms&Conditions below and further if these Term&Conditions are unedited by the Act 90/2012 (hereafter referred to as "Business Corporation Act") and the legal relationships are further governed by other regulations adjusting relationships between the seller and the entrepreneur. Accepting the goods by the entrepreneur from the seller as well as binding order confirmed by the seller creates valid purchase contract and the buyer agrees these Terms&Conditions at the moment of sending the binding order and agrees with these Terms&Conditions at the moment of creating a purchase contract.
If the buyer is the consumer, the information that the goods are available and in stock placed on the web pages of the seller shows the will of the seller to enter a purchase contract or other services provided by him. Purchase contract is created by the moment of delivering the binding order from the buyer to the seller. From this moment on, mutual rights and obligations emerge between the buyer and the seller.
Consumer contract is a purchase contract, contract for work or any other contract if there is the consumer on one side and the contractor/the seller on the other side.
The consumer is a person who acts outside his business frame or entrepreneurship. It is individual who buys goods or services for purpose different than business with these goods or services. The consumer at the beginning of the commercial relation provides only information necessary for successful processing of an order, i.e. contact information and/or information he wants to have filled in the invoice. The legal relationships between the seller and the consumer specifically ungoverned by these Terms&Condition are governed by the Act 89/2012 Coll. (the Civil Code) and by the Act 634/1992 Coll. (the Consumer protection), both valid with all regulations bound to them.
The entrepreneur is person or business entity who acts within his business frame or entrepreneurship and buys goods with intention doing it for profit. This type of buyer follows these Terms&Conditions to extend in which they affects him and also by the Commercial Code. The entrepreneur buying goods on company ID writes also name of the company and its ID when entering a purchase contract and is considered entrepreneur and therefore the law on customer protection is not applied on him (e.g. the warranty does not have to be dealt with within 30 days, he does not have the right to return goods bought in e-shop within the period of 14 days etc.).
The entrepreneur is an individual registered in the Business Register (especially business companies) or an individual who runs business on the basis of his trade license (registered in the Trade Register) or an individual who runs business on the basis of other license than the trade license (e.g. freelance profession like advocacy etc.) or an individual who runs business in agriculture and is registered in accordance to the particular regulation.
Particular written contract between the seller and the buyer stands above these Terms&Conditions or can complete them.
The buyer acknowledges than with the purchase of the offered goods he does not gain any right for the usage of the registered trademarks, business names, company logos or patents of the seller or other companies if not stated otherwise in particular contract.
The seller commits himself to inform the buyer about the features of the sold goods, about its usage and maintenance. If necessary, the seller provides these information in written understandable form enclosed to the product. The goods have properties as described in the description in the offer.
By entering a purchase contract, the buyer confirms that he read these Terms&Conditions and that he agrees with them. The buyer is notified about these Terms&Conditions sufficiently before making the order and therefore has an opportunity to read them.
These Terms&Conditions are integral part of the concluded contract. The contract is concluded in Czech language if there are no obstacles either on the side of the seller or the buyer's. If so, the contract can be concluded in other language understandable for both parties. The concluded contract is archived by the seller in order to successfully perform it and is not accessible for third parties. The information about particular processes leading to concluding the contract are obvious from the process of ordering in our e-shop and the buyer can see the summary of an order and eventually correct it before making the order.
These Terms&Conditions are available online in our e-shop and accessible to the buyer. The expenses necessary for making an order (phone, internet etc.) depend on the buyer's provider of these services.
Dataflex Security, Ltd. maintains that:
a) the cost spent on distance communication does not differ from the basic rate (phone, internet etc.) and depends on the buyer's terms with his provider of these services, Dataflex Security, Ltd. does not charge any additional fees (this does not apply to the case of transport contract)
b) payment of the purchase price is required before goods are supplied to the buyer, eventually the obligation to pay a deposit or similar payment will apply in the case of buyer's requirements for providing specific services, if requested and delivered
c) Dataflex Security, Ltd. does not enter into contracts, the subject of which is repetitive performance, if intermediates such contracts , the provider of such a performance informs about the shortest period for which the contract binds the parties, including data about the price or about the manner of its determining per one billing period, which is always one month if the price stays fixed
d) in the case of license agreements concluded for an indefinite period, the license price will be agreed for the entire period the license is provided for, unless stated otherwise
e) the prices of products and services on web pages of Dataflex Security, Ltd. are presented both including and excluding VAT, include all fees settled by Czech law, nevertheless, the delivery cost for products and services differ according to the chosen transportation method and carrier, and the method of payment
f) if the buyer is the consumer, he has a right to withdraw from a contract (unless stated otherwise) within a period of fourteen days (unless stated otherwise), date commencing on:
i) receipt of the goods, if it is a sale contract
ii) receipt of the final goods, if it is a sale contract, the subject of which is several types of goods or delivery in several parts, or
iii) receipt of the first goods, if it is a sale contract, the subject of which is regular, recurrent delivery of goods, such a withdrawal must be sent to the address of Dataflex Security, Ltd., or via withdrawal form on www.dfscz.cz
iv) the consumer is responsible only for lowering the value of the returned goods if this lost of the value was caused by handling the goods differently than the nature and properties of the goods demand
g) the consumer cannot withdraw from a contract on:
i) providing services, which was agreed and performed with the prior consent of the consumer before the withdrawal period deadline
ii) the supply of goods or services where the price depends on financial market fluctuations independently on Dataflex Security, Ltd. and may occur during the withdrawal period
iii) the supply of goods which have been modified by request of the consumer
iv) the supply of goods which is subject to rapid deterioration, as well as goods which have been irreversibly mixed with other goods after delivery
v) the repair or maintenance work carried out at the place stated by the consumer upon his request; this does not apply in case of repairs other than requested ones, or delivery of other than requested spare parts
vi) the supply of sealed goods the consumer has repacked, and because of hygienic reasons, are not possible to re-sell
vii) the supply of audio or video recordings or computer software, if the original packaging is broken
viii) the supply of newspapers, periodicals or magazines
ix) delivery or the use of free time, if the entrepreneur performs these in a stated period of time
x) the supply of digital content, if it has not been supplied on a tangible medium, and was delivered with the prior consent of the consumer before the withdrawal period deadline, Dataflex Security, Ltd. stipulates that in the case of supplied digital content delivered on-line, it is not possible to withdraw from such a contract
h) in the case of withdrawal from the contract, the consumer will bear the costs of returning the goods, and in the case of a contract concluded by means of distance communication, the costs of returning the goods, if the goods cannot be returned because of their nature in general via post
i) in a case where the consumer has a complaint, he can call phone +420 728 955 443 or email to address email@example.com, or he can address his complaint to the supervisory office or the state supervision office
Withdrawal from contract form here and pdf version
The prices of the goods on the web pages are kept up-to-date. The price of the goods is the price of the goods in the moment of concluding the purchase contract. The prices are valid in the moment of making the order and are final, i.e. includes VAT and other possible fees and taxes which consumer has to pay in order to get the goods. The buyer can also see before making the order for how long the price or offer for the given goods will remain the same. The buyer is the owner of the goods in the moment of payment of the full price.
In the case that requested good is specific or is out of stock, deposit might be requested from the buyer. If the price of the goods is unknown at the moment of concluding a purchase contract, it will be stated later as the mutual agreement of the parties of the contract. In that case, from the verifiable date the consumer was acquainted with the price, the consumer is obliged to inform the seller within 2 days whether he agrees or not with the price. If the consumer does not state whether he agrees or not with this price within this time limit, it is considered that the buyer does not agree with the price and the seller has the right to cancel the order without any penalty for any of the parties.
Purchase price can be paid by a bank transfer in advance on the basis of proform invoice or can be paid by cash on delivery, if requested by the buyer. For government institutions and organisations, it is possible to postpone the due date after mutual agreement.
Change of the invoice address is possible in the same month as the invoice was issued after the request of the buyer. On this change, there is a fee of 100 CZK, if the buyer requests to send this corrected invoice via post in Czech Republic, the fee is 200 CZK excluding VAT (242 CZK including VAT) as a compensation for postage and expenses connected with sending. If the buyer request sending a copy of tax receipt, a handling fee of 200 CZK is charged (165.30 excluding VAT).
If the goods are paid in cash or cash on delivery, the purchase price is paid at the moment of receipting the goods. As to the bank transfer, the goods are send after the seller receives the payment on his account.
In a case of a bank transfer, the buyer is obliged to together with a purchase price write also a variable symbol of the payment. The obligation of the buyer to pay for the goods is in the case of a bank transfer fulfilled when the payment is credited to the account of the seller. The account number of the seller is written on every invoice he issued.
The seller has the right to demand the payment of the full purchase price before dispatching the goods to the buyer.
Together with a purchase price, the buyer also has to pay expenses of packaging and delivering goods. If not stated otherwise, by a purchase price it is hereafter understood price of the goods together with a price of packaging and delivering.
A possible discounts given by the seller are not mutually combinable.
The seller issue an invoice for the buyer, if it is common in commercial relations or if it is required by legal regulations. The invoice is issued after the payment of the goods and is send to the buyer via email he provided in his order.
Registered buyers can enter their user account on the e-shop of Dataflex Security, Ltd. When logged in, they can make orders . If the web interface allows it, the buyer can make an order without registration.
When the buyer registers, he is obliged to correctly and truthfully enter all details. Details in his user account have to be kept up-to-date if there is any change of them. Details in user account and during making an order are considered to be correct.
Logging into one's user account is secured by an user name and password. The buyer is obliged to keep these details in secret and acknowledges that the seller takes no responsibility for breaking this secrecy.
The buyer is not authorized to enable usage of his user account to the third parties.
The seller can revoke user account, especially when the buyer brakes his obligation arising from a purchase contract (including these Terms&Conditions).
The buyer acknowledges that the user account might not be available constantly, especially because of the necessary hardware and software maintenance of the seller or hardware or software maintenance of the third parties.
The buyer acknowledges that he is obliged to fill in his details truthfully and correctly (during registration or making an order) and that he is obliged to inform the seller about the change of these details as soon as possible.
If the buyer fills in his details deliberately wrong, he is causing damage to the seller and the seller has right to identify the buyer and demand compensation.
An order can be made via telephone, email or e-shop of the Dataflex Security, Ltd. Making an order via any of the way above creates an binding order. The buyer is obliged to provide necessary information for successful processing of an order (delivery options, name as in ID, shipping address, invoice details etc.). Purchase contract via telephone, email or e-shop can be concluded only by persons who are eligible to do so. Underage persons can conclude a purchase contract only to extent the law of the Czech Republic allows them. Legal guardians are responsible for the damage caused by underage persons concluding a purchase contract. A purchase contract of higher value can only be concluded by legal guardians instead of the underage persons. The order becomes binding for both parties when confirmed by the seller. The buyer can change an order made in e-shop every time he logs into his user account. If an order, which was already confirmed by the seller, is changed, the changed order becomes binding for both parties at the moment of confirming the change of the order by seller. The seller does not have to accept the change of an order if he already has dispatched the goods according to the original order or he already has customized the goods as the buyer originally requested. In a case of cancelling an order which was already confirmed by the seller and this cancelling was done even after the seller did not accept the change of an order because of the above mentioned reasons, the seller may demand contractual fine (handling fee)from the entrepreneur in amount of 10 % of the price of the goods. This cancelling fee is not enforced when the section 1829 of the Civil Code about cancelling the contract is applied. This contractual fine does not affect the right of the seller to demand compensation for eventual caused damage. The entrepreneur, who is a legal entity, can make an order via person eligible for making this order, according to the valid law, where this eligible person has to prove his eligibility appropriately. If this person exceeds his eligibility, the legal entity this person represents is bound by performing. An order, as well as all documents demanded by legal acts, have to contain all necessary details of the commercial documents.
The goods that are offered in the e-shop and are marked as out of stock, have a status as goods "on request." In this case, a purchase contract is concluded after the confirmation from the seller. The seller does not have to confirm this order when the performance of an order becomes impossible due to the fact that the ordered goods are no longer produced or the goods are supplied to the markets unavailable to the seller or the goods are unavailable for a long term not by the fault of the seller. If this unavailability to perform the order involves only part of the order, the seller may confirm only that part of the order that is available. The seller can cancel an order and withdraw from the contract with the entrepreneur if the goods which were in the seller's offer marked as out of stock at the moment of making an order and the purchase price of the goods from the supplier is significantly changed and the seller was unaware of this change at the moment of confirming an order. The seller is obliged to inform the buyer immediately and make an attempt for mutual agreement; if the agreement is not reached, the seller can withdraw from the contract.
The goods that are in stock are delivered to the stores of the seller the day after the confirmation of an order. Other delivery times are stated with the offer of the particular goods on the web pages of the seller or other offers or the time of delivery is determined by a mutual agreement between the buyer and the seller. If it is not possible to deliver the goods the day after the buyer ordered them, the seller informs the buyer about this fact the first working day after receiving an order together with a new time of delivery. If the buyer is not interested in the new time of delivery, he is obliged to inform the seller about this fact the next working day at the latest. In a case that a new time of delivery will not be explicitly accepted by the buyer within 10 days after notifying about it by the seller, the seller can cancel the contract with no penalty for both parties. When the seller receives a statement that the buyer is not interested in a new term of delivery, an order is cancelled with no penalties or obligations for both parties. If the buyer requests later term of delivery than the seller declares for offered goods or different term of delivery from the one that was stated with the confirmation of an order, the buyer has right and obligation to inform the seller about this request in his order or inform the seller about this the next working day after confirmation of an order or receiving the seller’s suggested term of delivery. If the buyer does not inform the seller about the request for the change of the term of delivery, the buyer is responsible for any damages caused by eventual inability to deliver the goods within given or agreed term of delivery. The term of delivery requested by the buyer is binding for both parties at the moment of confirmation of this term of delivery by the seller. If the goods are delivered via shipping company, the term of delivery is extended for another one or two days necessary for packaging and delivering. The seller is not responsible for any damage resulting from the delayed delivery where the shipping company is fully responsible for this delay.
The delivery is realized via shipping company (post office, courier) to the address given by the buyer. The postage of one order (no matter how many items in it) on e-shop around Czech Republic (not cash on delivery) is 96.70 CZK excluding VAT (117 CZK including VAT), if chosen cash on delivery, the price is 136.36 excluding VAT (165 CZK including VAT). The postage is paid together with purchase price when cash on delivery was chosen, if not stated otherwise. All above mentioned delivery options are realized only during working days. Orders made on weekend are dealt with first following working day.
The goods delivered via shipping company are always packed in a protective packaging to prevent goods from any damage where the used protective materials does not have to correspond with the goods delivered. The delivered goods are labelled so the buyer knows the package contents. Protective materials used for packaging are disposable and cannot be returned to the seller. If the buyer refuses to accept delivery from a shipping company for the reasons different than legal, the seller has the right to demand compensation for caused damage. The seller is obliged to deliver the goods to address given by the buyer and the buyer is obliged to accept this delivery. If the buyer does not accept delivery twice in a row, the seller has the right to withdraw from contract. If the goods have to be delivered repeatedly (more than twice in a row or according to shipping company rules) or by different way than was stated in an order, the buyer is obliged to pay the cost of repeated delivery, or the price of a changed way of delivery respectively.
The entrepreneur is obliged to inspect the goods as soon as possible, but within 24 hours from delivery of the goods at latest. In case of any damage of the goods, the entrepreneur has to inform the seller with 24 hours from delivery. The consumer is advised to follow same instructions in order to prevent later problems with complaints on damages caused during delivery. When accepting a delivery, both buyer and the consumer are obliged to inspect delivery whether it is intact and if damaged, immediately inform the shipping company. If the packaging is broken intentionally, the buyer does not have to accept this delivery. By signing of the delivery note, the buyer claims that the package was in order and any future complaints on damaged packaging will not be taken into consideration. The seller is responsible for the fact that the goods are in a state as ordered when the consumer accepts a delivery.
When a contract is concluded via telephone, email or e-shop, the consumer has a right to withdraw from contract within 14 days without stating a reason. Within these 14 days the consumer has to return the bought goods back to the seller together with written statement for withdrawing in accordance with legal acts. The consumer can show his intention for withdrawing from contract by delivering the goods personally to the seller and informing him about intention for withdrawal or by sending the goods to the seller via shipping company, on the expenses of the buyer, together with written statement for withdrawing. If the consumer withdraws from contract due to the section 1829 of the Civil Code, no penalties are imposed on the consumer, except the costs paid for the returning the goods to the seller. The consumer can withdraw from contract within 14 days from concluding contract, according to the section 1829 of the Civil Code, with no penalties for him. The consumer cannot withdraw from contract if the section 1837 of the Civil Code or other case is applied, when the consumer cannot withdraw from contract. The seller has to be informed about withdrawal from contract demonstrably within 14 days from concluding the contract in written form on the address of the seller or to inbox of the seller.
In the term of 3 days after returning the goods by the buyer (following the Terms&Conditions), the seller has right to inspect any eventual damage of the returned goods. In case of withdrawing from contract, the returned goods have to be, if possible, without any damage in the original package, without any sign of usage and have to include all accessories, manuals and warranty certificates. If the buyer withdraws from contract in term he is allowed to do so, for speeding up the process we advise to include a written letter with reason for withdrawing (not necessary), the number of invoice and the bank account number or statement whether the returned sum will be paid off in cash or used for another purchase.
The buyer acknowledges that if the goods come with any gift and the buyer withdraws from contract, the buyer is obliged to return with goods also all gifts that comes with it.
In case of withdrawing from contract, the seller returns the purchase price (including the costs of shipping and returning the goods) to the buyer within 14 days from the day of confirmation of withdrawing from contract. The money is returned by the same way the buyer paid for the goods in the first place.
If the consumer withdraws from contract, he sends or hands over the seller the delivered goods without any delay, but within 14 days from withdrawing at latest. If the buyer was already provided by services he is not obliged to the seller, except the cases stated by section 1834.
The consumer is responsible for lowering the value of the returned goods where the lowering was caused by inappropriate handling of the goods.
The consumer has a right to withdraw from contract if the seller is unable to meet the term of performance and is unable to do so also after mutual agreement about lengthening of this term with the buyer.
We advise to send withdrawal in written form to the seller. A withdrawal can involve only part of the contract.
1) providing services, which was agreed and performed with the prior consent of the consumer before the withdrawal period deadline and the seller informed the consumer that in that case he cannot withdraw from contract
2) the supply of goods or services where the price depends on financial market fluctuations independently of Dataflex Security, Ltd. and may occur during the withdrawal period
3) the supply of goods which have been modified by request of the consumer
4) the supply of goods which is subject to rapid deterioration, as well as goods which have been irreversibly mixed with other goods after delivery
5) the repair or maintenance work carried out at the place stated by the consumer upon his request; this does not apply in a case of repairs other than requested ones, or delivery of other than requested spare parts
6) the supply of sealed goods the consumer has repacked, and because of hygienic reasons, are not possible to re-sell
7) the supply of audio or video recordings or computer software, if the original packaging is broken
8) the supply of newspapers, periodicals or magazines
9) delivery or the use of free time, accommodation or catering if the seller provides these in a stated period of time
10) contracts concluded in auction
11) the supply of digital content, if it has not been supplied on a tangible medium, and was delivered with the prior consent of the consumer before the withdrawal period deadline, Dataflex Security, Ltd. stipulates that in the case of supplied digital content delivered on-line, it is not possible to withdraw from such a contract
Withdrawal from contract as in section 2110, Act 89/2012 Coll. (the Civil Code):
The consumer cannot withdraw from contract nor demand delivery of the new goods if he is unable to return goods in original state he received them.
This does not apply if:
a) the change of the state of goods is the result of inspection whether the goods are not defected
b) the buyer used the goods before the defect of the goods was found
c) the change of the state of goods was not result of buyer’s inappropriate handling
d) the buyer sold the goods before discovering the defect, he consumed them or the goods were changed by usual usage; if this happened only partially, the buyer returns what can be returned and compensates Dataflex Security Ltd. to the amount the goods were beneficial for the buyer
If the buyer does not inform about defect of the goods in deadline, he loses the right to withdraw from the contract.
The delay in delivery of the goods is not considered as substantial breach of contract. If the buyer does not deliver the goods even in the new agreed term of delivery, the entrepreneur has right to withdraw from contract, this withdrawal has to be delivered to the seller in written form. The entrepreneur cannot withdraw from contract if the seller informed him that the goods were already sent to his address. If the goods was delivered in plastic wrapping and the wrapping was destroyed by the entrepreneur and then returned to the seller, the seller has a right to demand compensation where the amount of this compensation is determined as the difference between the price as the new goods and the price at which the goods are sold as used. The seller has the right to withdraw from contract if the goods cannot be repeatedly delivered to the entrepreneur; the seller still has the right to demand compensation for damages in this case.
The seller can withdraw from contract if he finds out that there is justified concern about quality, safety or the goods do not fulfil conditions required by law, all of it not by the fault of the seller. The seller informs the buyer about this withdrawal as soon as possible. The buyer can withdraw from the contract in case of force majeure, such as war or natural disaster etc., which prevents from successful performance of the contract. This force majeure releases both buyer and seller from obligation of delivery as long as the influence of force majeure lasts. After a force majeure has ended, the seller has a right to decide whether to deliver the goods later or, regarding the amount of the goods still not delivered, to withdraw from contract. If the force majeure last longer than 4 weeks, also the buyer has a right to withdraw from contract if any delivery was not made so far.
The seller has a right, but not obligation, to cancel a purchase contract by agreement under conditions agreed in this agreement. The basic condition for eventual withdrawal from contract is that the buyer returns goods to the seller intact, complete with all accessories and in original packaging and the returned goods are still in the offer of the seller. If the goods have been modified by request of the customer, are subject to rapid deterioration, the goods are audio, video or PC programs in damaged packaging or are newspapers, magazines or periodicals, the buyer cannot withdraw from contract. The agreement on withdrawing from contract has to be in written form and can be concluded only if the goods are immediately handed over. If the returning offer of the buyer is refused by the seller, the buyer has no right to demand any compensation for costs connected to unaccepted return of the goods.
The seller provides warranty on the sold goods. The warranty means that the goods have properties necessary to successful fulfilment of their purpose as this purpose is described by the seller and manufacturer or his representative or as this purpose is described in product advertisement.
If any problem appears in the period of six month since the receipt of the goods, this problem is considered to be present already in the moment of reception of the goods, if this problem is not against the nature of the goods or if it is not proven otherwise.
If the goods were used, the seller is responsible only for defects present in the moment of reception by the buyer.
Part of the purchase contract and Terms&Conditions is also user manual of the goods. The buyer is obliged to read the manual before installation and usage of the goods. If the buyer makes a complaint on situation which is described in manual, this complaint will be considered invalid.
The seller or his representative decides on warranty claims immediately, in difficult cases within three working days. Into this period is not included time necessary for professional assessment of the defect of the goods or services. The warranty claim have to be dealt with without any delay, within 30 days from the warranty claim at latest, if the seller and the buyer does not agree on longer period. Expiry of this period is considered as substantial breach of a contract.
Detailed procedure of warranty claims can be found in Warranty Claim Policy which is inseparable part of these Terms&Conditions.
A danger of damaging the goods is transited on the consumer in the moment of reception of the goods from the shipper or in the shop. This does not affect the right of the consumer for warranty claims (see Warranty Claim Policy). A danger of damaging the goods is transited to the entrepreneur in the moment of receipt of the goods from the shipper or in the shop or in the moment from which the entrepreneur becomes delayed in reception of the goods.
The delivered goods remain until full payment of the purchase price property of the selling company Dataflex Security, Ltd.
The purchase price does not include assembly or any other services. Assembly and other services for the goods are provided by the seller on the request of the buyer for the paymentover and above the purchase price where the particular payment for services differs and the buyer will be informed about it via telephone, email or personally.
Warranty claim policy is governed by Warranty Claim Policy of Dataflex Security, Ltd. and by relevant legal acts and regulations of the Czech Republic. As a warranty card usually serves an invoice (for more see Warranty Claim Policy)
On post warranty repairs there is 3 months warranty. Only the particular repair possesses this 3 month warranty. Before handing over for repair a memory storage device, the buyer is obliged to back up his data, the seller makes no guarantee on eventual loss of this data. The seller has a right to demand payment of the costs of the repair, even if it is detected during repair that this defect cannot be repaired or the cost of the repair would be too high and this fact could not be detected before repair.The cost of a repair done by the seller is 500 CZK per hour + necessary material and eventual cost of delivering the goods back to the buyer via shipping company. In case of post warranty repair in authorized service of the manufacturer, the cost of a repair follows pricelist of this service. Information about pricelists of authorized services can be found on their web pages or the seller can inform about these prices on request. If a repair will be done in authorized service of Dataflex Security, Ltd., the buyer will be informed about it.
In order to maintain his reputation, the seller can repair also goods even if the warranty claim on those goods was declined. The seller is obliged to inform the buyer about this fact and the buyer still has a rights as in the case of declined warranty claim and has a right to demand acceptation of warranty claim.
All written or oral information about usage of the goods are given according to the seller's best beliefs. However, these beliefs are only information and experiences the seller gained from manufacturer or supplier.
Eventual disputes arising from a contract will be dealt in accordance with legal requirementsof the Czech Republic and its judiciary. Out of court settlement of disputes is also possible.
The buyer agrees that the seller can use his personal data (given in an order) for marketing and commercial purposes and for this purposes he can give an access to them for the third parties participating in these marketing events, but still with respect to the Act 101/2000 Coll. (Privacy protection). The personal information will be stored for indefinite period in electronic or printed form. The buyer can revoke this consent at any time by written statement sent to the address of the seller. More information about privacy can be found on the web pages of the seller.
As the postal address of the seller is considered address of his company headquarters and as the postal address of the buyer the address given in an order.
The buyer confirms that given personal data are correct and are given voluntary. The buyer also confirms that he was informed he can revoke consent for processing his personal data by written statement deliver to the address of the seller.
The correspondence related to a purchase contract has to be written and delivered by email, personally or by registered post, if not stated otherwise. The buyer receives emails on address given in his user account.
An email message is delivered by a moment of its delivery on incoming mail server, integrity of email messages can be secured by a certificate. When delivered personally or via post, a message is delivered by moment of acceptance and also of refusal of the delivery. If the addressee (or his representative) does not accept the delivery within period of 10 days after notification of the addressee, even if the addressee does not know about the notification, it is also considered as refusal of the delivery.
In case of customer dispute between us and customer, caused by purchase contract or service agreement, which is not solved by mutual agreement, the customer has right to submit a proposal for out-of-court settlement of such dispute to subject designated to out-of-court customer dispute solving, which is:
Česká obchodní inspekce
Ústřední inspektorát – oddělení ADR
120 00 Praha 2
Customer can also use platform for online dispute solving, which is established by the Euopean Comission at http://ec.europa.eu/consumers/odr/.
If there are any complaints and comments on a purchase contract, the buyer can call +420 728 955 443 or send email to address firstname.lastname@example.org. If a complaint is in fact a warranty claim, it will be dealt with as warranty claim as governed by Warranty Claim Policy, these Terms&Conditions and in accordance with legal requirements.
The buyer acknowledges that all software and other parts (including pictures)which are part of web interface of the e-shop, are protected by copyright law. The buyer is forbidden to violate this copyright.
The buyer is forbidden to use any mechanism or software which would negatively influence running of the web interface. The web interface can be used only to extent which would not affect other buyers and in accordance with its purpose.
The buyer acknowledges that the seller is not responsible for errors of the web interface caused by third parties or for errors caused by forbidden usage of the interface.
If the usage of the web page or a purchase contract involve international element (i.e. is international), both parties acknowledges that the relations will be governed in accordance with legal requirements of the Czech Republic. This does not affect generally binding regulations protecting the buyer.
The seller runs his business under his trade license and is not subject to any other occupation and his commercial activity is inspected by relevant Trade Licensing Office.
If any of provisions in these Terms&Conditions became invalid or inoperative, it will be substituted by provision as much similar as possible. If any of the provisions become invalid, it does not affect other provision in these Terms&Conditions. Changes and supplements of a purchase contract or Terms&Conditons require to be in written form.
A purchase contract and conditions are archived by the seller in electronic form and are not accessible.
Valid Terms&Conditions are available on the web pages of the seller or in his shops. Each buyer is notified about these Terms&Conditions and can read them. The seller has a right to change or complete Terms&Conditions in accordance with eventual new legal requirements or because of a changes in market of the goods seller offers. Older versions of Terms&Condition are available from the seller on request. If any of business contract provisions became invalid, it does not affect other provision of the contract. Invalid provision will be substituted by valid provision which follows it in business competence.
Attachment No. 1 - Warranty Claim Policy
Attachment No.2 - User manual
These Terms&Conditions were consulted with Association of Consumer Protection