GENERAL BUSINESS TERMS FOR DISTANCE SALE
Maximus Resort, a.s.
with registered office at Hrázní 327/4a, 635 00 Brno,
Reg. No.: 26965437
entered in the Commercial Registry with the Regional Court in Brno, section B, insert 4332,
for goods sold through the online shop at WWW.MAXIMUS-RESORT.CZ.
1. OPENING PROVISIONS
1.1. These Terms and Conditions (hereafter only “Terms”) of the Maximus Resort. a.s. joint stock company, with registered office at Hrázní 327/4a, 635 00 Brno, reg. No.: 26965437, entered in the Commercial Registry with the Regional Court in Brno, section B, insert 4332 (hereafter only “Seller”) govern the relationships and duties of contracting parties in connection with or based on the purchase agreement (hereafter only “Purchase Agreement”) made between the Seller and any natural person (hereafter only “Buyer”) in the distance method, i.e. without the physical presence of the contracting parties and/or outside the business premises of the Seller through the online shop of the Seller in accordance with the provisions of section 1751 par. 1 of act No. 89/2012 coll. of the Civil Code (hereafter only “Civil Code”). The Seller operates its online shop at WWW.MAXIMUS-RESORT.CZ (hereafter only “Website”) through a website interface (hereafter only “Website interface”).
1.2. The Terms do not apply in cases where the person who is intending to purchase goods from the Seller is a legal entity or a person acting as a business entity or carrying out his/her profession when ordering goods.
1.3. Any provisions deviating from the Terms can be agreed in the Purchase Agreement. Such deviating provisions in the Purchase Agreement shall prevail over the provisions of the Terms.
1.4. The provisions of the Terms are an integral part of the Purchase Agreement. The Purchase Agreement and Terms are in the Czech language. The Purchase Agreement can be made in the Czech language.
1.5. The Seller can amend the wording of the Terms. This provision does not affect the rights and duties applying while the previous wording of the Terms was effective.
1.6. The Seller commits in the purchase agreement under the terms agreed therein that it will hand over the item being purchased (goods) to the Buyer and enable the Buyer to acquire the ownership title to the item and the Buyer commits to take over the purchased item and pay the purchase price to the Seller. Goods which the Buyer has ordered through the Website are the subject matter of the purchase. The goods are specified in detail in the order and the e-mail sent to the Buyer to confirm the order.
2. USER ACCOUNT
2.1. Following the Buyer’s registration on the Website, the Buyer can log into his/her user interface. From the user interface the Buyer can order goods (hereafter only “User Account”). Where the web interface of the shop allows, the Buyer can order goods also without registration directly from the Website Interface of the shop.
2.2. When registering on the website and ordering goods, the Buyer is obliged to state correct and true information. The Buyer is obliged to update the data in the User Account whenever this data has changed. The data stated by the Buyer in the User Account and when ordering the goods is always regarded as correct data.
2.3. Access to the User Account is secured by a user name and password. The Buyer is obliged to keep information necessary for accessing his/her User Account confidential.
2.4. The Buyer is not authorised to allow third parties to use his/her User Account.
2.5. The Seller can close a User Account, mostly in cases when the Buyer has not used his/her account for more than two years or when the Buyer has breached his/her duties arising from the Purchase Agreement (including the Terms).
2.6. The Buyer acknowledges that the User Account does not have to be available non-stop, particularly due to necessary maintenance of the hardware and software equipment of the Seller and/or necessary maintenance of the hardware and software equipment of third parties.
3. ENTERING INTO THE PURCHASE AGREEMENT
3.1. The presentation of all goods on the Website Interface of the shop is indicative only and the Seller is not obliged to enter into the Purchase Agreement for these goods. The provisions of section 1732 par. 2 of the Civil Code will not be applied.
3.2. The Web Interface of the shop contains information on goods and prices. The prices of goods always include the value added tax and all applicable fees. The prices of goods are valid as long as displayed on the Web Interface of the shop. This provision does not restrict the Buyer’s ability to enter into the Purchase Agreement under individually agreed terms.
3.3. The Web Interface of the shop also contains information on costs connected with packaging and delivering the goods. Information on costs connected with packaging and delivery of the goods indicated on the Web Interface of the shop applies only for goods being delivered within the Czech Republic.
3.4. To order the goods, the Buyer completes the order form on the Web Interface of the shop. The order form contains information chiefy concerning:
3.4.1. the goods to be ordered (the Buyer adds the goods to be ordered into the digital shopping basket of the Website Interface of the shop),
3.4.2. the payment method for the purchase price of the goods, data on the required delivery method for the goods ordered and
3.4.3. information on costs connected with the delivery of goods (hereafter only jointly as “Purchase Order”).
3.5. Before sending the Purchase Order to the Seller, the Buyer has the possibility to check and modify data which he/she has entered into the Purchase Order, also with regards to the possibility of the Buyer to find and correct any mistakes made when entering data into the Purchase Order. The Buyer sends the Purchase Order to the Seller by clicking the “Dokončit objednávku” (Complete order) button. The data stated in the Purchase Order are regarded as correct by the Seller. Immediately after receiving the Purchase Order, the Seller will send a confirmation to the Buyer via e-mail to the e-mail address of the Buyer indicated on the user interface or in the Purchase Order (hereafter only “Digital Address of Buyer”).
3.6. The Buyer is always obliged, subject to the nature of the Purchase Order (amount of goods, purchase price, expected cost of transportation), to ask the Buyer for an additional Purchase Order confirmation (e.g. in writing or over the phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon the delivery of the Purchase Order (acceptance) sent to the Buyer via e-mail to the e-mail address of the Buyer.
3.8. The Buyer agrees with the use of remote means of communication when entering into the Purchase Agreement. Any costs which the Buyer incurs when using remote means of communication connected with entering into the Purchase Agreement (cost of internet connection, cost of phone calls) shall be borne by the Buyer alone and these costs do not differ from the basic rate.
3.9. The Purchase Agreement becomes valid and effective on the day on which it is concluded.
3.10. The Seller is not bound to the Buyer by any codes of conduct in accordance with the provisions of section 1826 par. 1 letter e) of the Civil Code.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The Purchase Price (including VAT) corresponds to the prices stated on the Website on the day of purchase and is specified in the Purchase Order and e-mail, confirming Buyer’s Purchase Order. The Seller reserves the right to adjust the purchase price. The Seller reserves the right to correct the price of goods before sending the goods if the Seller realises that the goods were offered for a price that significantly deviates from usual market prices for such goods. In this case, the Seller is not obliged to deliver the goods and commits to notify the Buyer about the correct price. The Buyer can then decide whether it will accept the price (i.e. actual price) for such goods. Should this not happen, the Buyer has the right to withdraw from the Purchase Agreement.
4.2. The Seller can determine the Purchase Price with quantities and/or time limits and the price stated in the moment when the Purchase Agreement is concluded is always binding for the Seller.
4.3. The Buyer commits to pay the Purchase Price in one of the payment methods chosen when ordering the goods. The payment method is specified in the Purchase Order and e-mail, confirming the Buyer’s order. Payment is fulfilled on the day on which the Seller’s account stated on the Website is credited with the respective amount, and/or when the amount is personally given to the Seller or any person authorised by the Seller. If the amount is not paid by the maturity date, the Seller is entitled to late interest in accordance with applicable legislation, and if the full purchase price is not paid within 20 days since maturity, the Seller can withdraw from the Purchase Agreement.
4.4. The Buyer can choose from the following payment methods for paying the Purchase Price:
4.4.1. Cash on delivery through the post license owner – Česká pošta s.p. (Czech Post),
4.4.2. in cash at the Seller’s office based at Hrázní 327/4a, Brno, in the case that goods are being taken over personally,
4.4.3. with a card in the case that goods are being taken over personally at the Seller’s office based at Hrázní 327/4a, Brno, on the corresponding payment terminal where the Buyer can choose the card brand from the brands supported by the respective terminal,
4.4.4. via bank transfer to the Seller’s account No. 2110640913/2700 with UniCredit Bank (hereafter only “Seller’s Account”) or
4.4.5. with card through an online payment gateway where the Buyer can choose from the card brands offered on the shop’s Website.
4.5. The Buyer shall bear all costs of the chosen payment method unless otherwise stated in the Purchase Agreement. The Seller is not obliged to state the costs of the different payment methods for the payment of the Purchase Price on the shop’s web interface.
4.6. The Buyer acknowledges that the Seller is not the provider of payment systems or portals, does not bear any responsibility for any payment using these services and these Business Terms do not apply to the use of these services – they are subject to the terms of the respective payment service.
4.7. Together with the purchase price, the Buyer is obliged to pay also any costs, in the agreed amount, connected with packaging and delivering the goods. The purchase price shall further also include costs connected with delivery of goods unless otherwise stated.
4.8. The Seller does not request any down payment or other similar payment from the Buyer. This does not affect the provisions of clause 4.8 of the Terms regarding the duty of paying the purchase price of the goods in advance.
4.9. Where a cash payment is required or where the purchase price is paid in cash upon delivery, the purchase price must be paid when taking over the goods. For cashless payments the purchase price is due within five days from entering into the Purchase Agreement.
4.10. For cashless payments the Buyer is obliged to pay the purchase price of the goods and specify the variable symbol for the payment. For cashless payments the Buyer’s obligation to pay the purchase price is fulfilled when the Seller’s account is credited with the corresponding amount.
4.11. The Seller can, particularly in cases when the Buyer fails to send the additional Purchase Order confirmation (clause 3.6.), request the payment of the full purchase price before sending the goods to the Buyer. The provisions of section 2119 par. 1 of the Civil Code will not be applied.
4.12. No discounts on the price of goods provided by the Seller to the Buyer can be combined.
4.13. If common practice in business relations or where stipulated by generally binding legal regulations, the Seller will issue the invoice for payments made based on the Purchase Agreement. The Seller is registered for the value added tax. The Seller will issue the invoice for the Buyer after the price for the goods has been paid and send the invoice electronically to the Buyer’s e-mail address.
5. AGREEMENT TERM AND TERMINATION
5.1. The Purchase Agreement is made for an unlimited period of time. The Purchase Agreement can be terminated, among other ways,
5.1.1. through an agreement between the contracting parties,
5.1.2. through a notice; the Agreement can be terminated for any reason or without stating the reason; the notice period is three months; the agreement cannot be terminated if it has already been fulfilled, or
5.1.3. through withdrawal.
5.2. The Buyer acknowledges that pursuant to the provisions of section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Agreement on the delivery of goods for goods modified to the Buyer’s wishes or for the Buyer; from the Purchase Agreement on the delivery of perishable goods as well as goods irreversibly mixed with other goods after delivery; from the Purchase Agreement on the delivery of goods in sealed packaging which the consumer has taken out of the packaging and for hygienic reasons these goods cannot be returned; and from the Purchase Agreement on the delivery of media recordings or computer software if their original packaging is not intact.
5.3. Except in the cases laid down in clause 5.2. or another case where the Buyer cannot withdraw from the Purchase Agreement, the Buyer can, in accordance with the provisions of section 1829 par. 2 of the Civil Code, withdraw from the Purchase Agreement within fourteen (14) days from goods takeover and where several types of goods or the delivery of several parts are the subject matter of the Purchase Agreement, this period starts on the day of delivery of the last portion of the goods. The notice of withdrawal from the Purchase Agreement must be sent to the Seller within the period indicated in the previous sentence. The Buyer can, among other options, send the notice of withdrawal from the Purchase Agreement to the address of the Seller’s office or to the Seller’s e-mail at RECEPCE@MAXIMUS-RESORT.CZ.
5.4. In the event of a withdrawal pursuant to clause 5.3. of the Terms, the Purchase Agreement shall be revoked. The goods must be returned to the Seller within fourteen (14) days from withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer shall bear the costs connected with the returning of goods to the Seller even in cases when the goods cannot be returned, due to their nature, by regular post.
5.5. If the Buyer withdraws from the Purchase Agreement in accordance with clause 5.3. of the Terms, the Seller shall return the money received from the Buyer within fourteen (14) days since withdrawal by the Buyer in the same way in which the Seller had received the money from the Buyer. The Seller can also return deliverables provided by the Buyer already upon the return of goods by the Buyer or in some other way if the Buyer agrees and does not incur any further costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return to the Buyer the money received from the Buyer until the Buyer has returned the goods or shown that the goods have been sent to the entrepreneur.
5.6. If the Buyer is not able to return the goods in original condition and/or the value of the goods has already been decreased by, for example, partial consumption or wear being the result of handling the goods in a way not corresponding to intended use (when considering the nature and properties of the goods), the Buyer is obliged to financially compensate the missing value as stipulated in the provisions of section 1833 of the Civil Code. In this case the Seller will set off its claim to the Buyer’s claim to the return of the Purchase Price and the Purchase Price will be returned to the Buyer with the deduction of the Seller’s claim. In the event of withdrawal from the Purchase Agreement the Buyer must not remove any original marking (i.e. labels, stickers, etc.) from the goods and if the Buyer does so, it is, as stipulated in the corresponding provisions of the Civil Code, obliged to compensate for the costs of restoring the original condition of the goods. The Seller is entitled to unilaterally set off the claim to compensation of damage caused to the goods against the Buyer’s claim to the return of the Purchase Price.
5.7. The Seller can withdraw from the Purchase Agreement at any time before the goods are taken over by the Buyer. In this case the Seller shall return the purchase price to the Buyer without delay via a cashless transfer to the account specified by the Buyer.
5.8. If a gift is given by the Seller together with the goods, then the gift agreement between the Seller and the Buyer is made with the resolutive condition stipulating that if the Buyer withdraws from the Purchase Agreement, the gift agreement shall cease to be effective regarding any such gift and the Buyer is obliged to return also the gift with the goods.
5.9. The Seller can also reject the conclusion of the Purchase Agreement or any amendment thereto if the Buyer has entered into liquidation, if bankruptcy proceedings have been initiated against the Buyer or if a proposal of bankruptcy proceedings has been rejected for lack of property (if any of these events arises during the term of the Purchase Agreement, the Seller can withdraw from the Purchase Agreement without a prior call for rectification).
6. TRANSPORTATION AND GOODS DELIVERY
6.1. Goods not being the subject matter of purchase will be delivered in the method chosen when ordering. The goods delivery method is specified in the Purchase Order and in the e-mail confirming the Buyer’s order.
6.2. The Seller commits to deliver the goods within a reasonable period of time since the conclusion of the Purchase Agreement and to ensure delivery of the goods in the way chosen by the Buyer in the Purchase Order. Where the Buyer chooses the payment method in accordance with article IV. clauses 4.4.3. to 4.4.5. of the Business Terms, the period starts in the moment when the Seller’s account has been credited with the full Purchase Price.
6.3. The Buyer is obliged to pay the costs connected with goods delivery, particularly postage fees, transportation fees and/or packaging fees to the Seller.
6.4. The Buyer is obliged to take over the goods. If the Buyer fails to take over the goods and the Seller incurs costs, the Seller can claim its costs from the Buyer. The Buyer is obliged to confirm the goods takeover and the Seller is not obliged to hand over the goods until handover confirmation. The address entered by the Buyer when ordering shall be the place of fulfilment.
6.5. The Buyer can choose from the following payment methods for goods delivery:
6.5.1. through post license owner Česká pošta s.p. (Czech Post) to the address entered by the Buyer in the Purchase Order as the delivery address and where no delivery address is entered, the place of residence of registered office entered by the Buyer in the Purchase Order shall be considered the delivery address,
6.5.2. to the e-mail address entered by the Buyer in the Purchase Order, or
6.5.3. through personal takeover by the Buyer at the Seller’s office based at Hrázní 327/4a, Brno; the Seller shall notify the Buyer via e-mail about the goods being prepared for takeover; the goods shall stay in the place of takeover for five business days unless other stated in the Purchase Agreement; in case of personal takeover the Buyer/other person authorised for takeover is obliged to provide proof of his/her identity; failure to pick up the goods by the deadline invalidates the Purchase Agreement from the beginning.
6.6. Costs of goods delivery within the Czech Republic:
6.6.1. the price for transportation and payment with cash on delivery is CZK 150,
6.6.2. goods delivery is free of charge in other instances.
6.7. If the transportation method is agreed based on a special request from the Buyer, the Buyer shall bear the risk and any possible additional costs connected with this transportation method.
6.8. If the goods must be delivered repeatedly for reasons lying on the Buyer’s side or in some other way than what was indicated in the Purchase Order, the Buyer is obliged to pay the costs connected with repeated goods delivery and/or costs connected with another delivery method.
6.9. When taking over the goods from the shipping agent, the Buyer is obliged to check whether the packaging is intact and if any defects are found, the Buyer must immediately notify the shipping agent. If the Buyer finds that the packaging is not intact to the extent indicating that the consignment was broken into, the Buyer may choose not to take over the consignment from the shipping agent.
6.10. The contracting parties agree that the method of packaging the goods can only be determined by the Seller. The contracting parties hereby expressly rule out the provisions of section 2097 of the Civil Code.
6.11. The Buyer becomes the owner of the goods after it has taken over the goods and paid the full Purchase Price. The risk of damage passes to the Buyer with the acquisition of the ownership title. If the Seller delivers the item to the place determined by the Buyer, the Buyer takes over the item upon delivery; in other instances the Buyer takes over the item upon sale.
6.12. Other rights and duties of the parties during transportation may be governed by special delivery terms of the Seller if issued by the Seller.
7. RIGHTS ARISING FROM FAULTY PERFORMANCE
7.1. The rights and duties of the contracting parties regarding rights arising from faulty performance are governed by applicable, generally binding regulations (particularly provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code).
7.2. The Seller is liable towards the Buyer for faultless goods upon takeover. The Seller is liable towards the Buyer, particularly at the time when the Buyer takes over the goods, for:
7.2.1. the goods having such qualities as agreed between the parties and where such agreement is absent, then such qualities as described by the Seller or manufacturer or which the Buyer was expecting with regards to the nature of the goods and based on promotion by the Seller and manufacturer,
7.2.2. for the goods being suitable for the defined purpose and for the purpose for which goods of this type are usually used,
7.2.3. for the goods having such quality and design which correspond to an agreed sample or template if the quality or design was defined based on an agreed sample or template,
7.2.4. for the goods being in the corresponding quantity, extent or weight and
7.2.5. for the goods fulfilling the requirements of legal regulations.
7.3. The provisions stated in clause 7.2. of the Terms shall not be applied for goods sold for a reduced price due to a defect for which a reduced price was agreed, due to wear of the goods caused by its usual use, for used goods due to a defect corresponding to the extent of use or wear which the goods showed upon takeover by the Buyer or where the nature of the goods determines this.
7.4. If a defect arises within six months since takeover, the goods shall be considered as defective already upon takeover.
7.5. The Buyer enforces its rights arising from faulty performance with the Seller in the Seller’s office where the claim can be accepted with regards to the selection of the goods and/or in the registered office or business location. The moment when the Seller has received the claimed goods from the Buyer shall be considered the moment of claim enforcement.
7.6. Other rights and duties of the parties connected with the Seller’s defect liability can be governed by the Seller’s rules for dealing with claims.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. The Buyer is obliged to continuously follow amendments to the Business Terms and make itself familiar with any such amendments without delay.
8.2. The Seller can notify the Buyer after the conclusion of the Purchase Agreement about its business offers and provide information connected with the Seller’s goods, services and enterprise as well as offers of its business partners and the Buyer expressly agrees to this.
8.3. The Buyer acknowledges that any photos with the goods on the shop’s Website may be indicative only, or give a distorting impression as a result of their conversion on the Buyer’s screen, which is why the Buyer is always obliged to make itself familiar with the full description of the goods and contact the Seller if anything is unclear. In the event of any discrepancies between the visual representation and description, the goods description on the Website shall prevail unless the information shown on the shop’s Website implies otherwise. The Buyer agrees that cookies may be stored on his/her PC. If it is possible to perform the purchase on the Website and fulfil the Seller’s obligations under the Purchase Agreement without cookies being saved on the Buyer’s PC, then the Buyer can revoke its consent according to the previous sentence at any time.
8.4. The Seller deals with claims of consumers beyond courts through its e-mail address RECEPCE@MAXIMUS-RESORT.CZ. The Seller will send information about the settlement of the Buyer’s claim to the Buyer’s e-mail address.
8.5. A technical error on the Website may cause the price of any goods to be displayed in such a way that the price significantly deviates from the usual market price. In this case the Seller is not obliged to deliver the goods for the Purchase Price displayed and the Seller will contact the Buyer and state the actual price of the goods to the Buyer. The Buyer can then decide whether it accepts the goods for the actual price, otherwise the Purchase Agreement shall be invalidated from the very beginning.
8.6. The Seller can set off its mature and immature claims to the Buyer against the Buyer’s claims to the Seller. The Buyer cannot set off any its claims to the Seller against the Seller’s claims to the Buyer. The Buyer cannot assign its claims to the Seller to any third party without the Seller’s consent. The Seller can assign any if its rights or obligations arising from the Purchase Agreement or these Business Terms and/or the entire Purchase Agreement to a third party even without the Buyer’s consent.
8.7. The Seller can amend the Website content at any time without prior notice.
8.8. The Buyer is obliged to notify the Seller about any changes in its identification, invoicing and contact details that may have an impact on the Purchase Price payment.
8.9. The Buyer hereby assumes the risk of change in circumstances pursuant to section 1765 par. 2 of the Civil Code.
9. DAMAGE LIABILITY AND COMPENSATION
9.1. Any matters regarding damage and damage compensation are governed by applicable legal regulations of the Czech Republic, particularly by the Civil Code.
9.2. The Seller is not liable for damage caused by force majeure such as: natural disasters, natural events, wars or terrorist acts, or for suspension of services caused by a cut in the power supply.
9.3. The Seller is not responsible for services provided by such other entities as payment system providers or delivery agents, for the quality and quantity of such services and/or for any implications, rights or duties connected with or secondary to these services, etc.
9.4. The Seller is not liable for damage caused by Website downtime.
9.5. Where the Business Terms speak about damage, then this means any damage including individual claims constituting the damage in accordance with the Civil Code.
10. FINAL PROVISIONS
10.1. If the relationship based on the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is subject to Czech law. This does not affect consumer rights arising from generally binding legal regulations.
10.2. The provisions in the Purchase Agreement shall prevail over the provisions in these Business Terms. If, however, any provision in the Purchase Agreement is invalid or unenforceable, then the provision of these Business Terms shall be used instead of such a provision in the Purchase Agreement. If any provision of the Business Terms or Purchase Agreement is or becomes invalid or ineffective, then it shall be replaced by such a valid and effective provision which is as close as possible to the sense of the original provision. The validity of other provisions shall not be affected by the invalidity and ineffectiveness of any one provision. The contracting parties shall agree to a new provision that replaces the existing provision and best corresponds with the original purpose.
10.3. Applicable Business Terms can be viewed on the Website. These Business Terms apply to the extent and in the wording as stated on the Website on the day on which the electronic order is sent. When placing the electronic order, the Buyer represents that it has made itself familiar with these Business Terms, agrees with them, accepts them and is irrevocably bound by them without reservations. By sending the electronic order, the Buyer confirms to the Seller that it accepts the price for ordered goods including any possible delivery and transportation costs. The Purchase Agreement including the Terms is archived by the Seller in digital format and is not accessible.
10.4. Messages can be delivered to the e-mail address which the Buyer has stated in the User Account or Purchase Order.
10.5. The rights and duties of the contracting parties that must last until their satisfaction, particularly the Seller’s claims to the Buyer and any other commitments of the Buyer (mostly sanction claims of the Seller), as stipulated by these Business Terms, shall survive the termination of the Purchase Agreement.
10.6. Contact details of Seller: delivery address Maximus Resort, Hrázní 327/4a, 635 00 Brno, e‑mail address RECEPCE@MAXIMUS-RESORT.CZ, phone +420 546 221 035.
10.7. These Business Terms become valid and effective on April 1, 2016.
In Brno, dated March 28, 2016, published by Maximus Resort