The seller is the company DAYMOON a.s. (IČ: 61534056) with its registered office at Fügnerova 51, 405 01 Děčín 1, registered in the Commercial Register at the Regional Court in Ústí nad Labem, Section B, Company Register 606.
Consumer (a person who does not act within the scope of their business or other entrepreneurial activity when concluding and fulfilling the contract) - legal relations between the Seller and the Consumer, which are not regulated by these business conditions or an individual contract are governed by Act No. 40/1964 Sb. (Civil Code) as amended and related regulations. Business entity - legal relations between the Seller and this Buyer, which are not regulated by these Business Conditions, nor by an individual contract, are governed by Act No. 513/1991 Sb. (Commercial Code) as amended and related regulations.
Price of goods
The price of goods mentioned in the online catalog is always current and valid. The Seller reserves the right to change the price without explicit notice to the Buyer. The change in the price of the goods in the online catalog does not affect the total value of the Buyer's order already received. The price is determined with tax. Delivery costs are borne by the customer.
Means of communication
For the purposes of mutual communication between the Buyer and the Seller, telephone, fax and email are used in particular. The costs associated with the use of means of distance communication shall be borne by the Buyer or the Seller according to the nature of the means of communication used, the applicable conditions and plans of the providers of the means of communication.
Orders of goods
The Buyer can order goods through the online store. The received order becomes binding for both parties at the time of telephone or email confirmation from the Seller. For this confirmation, the Seller will use the contact details provided by the Buyer when ordering the goods. In the event that the Buyer makes an order and unless otherwise agreed with the Seller, the current price stated in the online catalog always applies to the Buyer. The order is considered settled at the time of receipt of the goods by the Buyer at the place designated for that purpose or through a third person (carrier). The Buyer can modify or cancel the order at any time until it is processed. The Seller has the right to cancel the order if the goods can no longer be procured for the Buyer due to the termination of production or deliveries.
The exact delivery time if the goods are in stock, or the estimated delivery time if the goods are not in stock, will be determined when confirming the order.
The goods are paid for in cash upon receipt by the Buyer. The buyer is provided with a tax document that meets all the requirements of the law. The goods remain the property of the Seller until full payment of the price of the goods.
Withdrawal from the contract
In accordance with the relevant provisions of Act No. 40/1964 Sb., (Civil Code), the Buyer (Consumer) has the right to withdraw from the contract within 14 days of receipt of the goods if the conditions set by law are met. The Buyer may exercise this right by returning the goods in person or by delivering the goods at their own expense through one of the carriers. In the event that the Buyer decides to withdraw from the contract, the following conditions must be met: - the goods they intend to return must be undamaged, without signs of use or wear, - in the original packaging, - with all accessories (i.e. instructions, warranty cards, etc.). To expedite the refund, we recommend enclosing the following handwritten cover letter with the returned goods: "I withdraw from the purchase agreement concluded according to the order [order number], on [order date] for the item (s). Please return the returned amount for the returned goods to the account [account number]." We recommend sending the goods insured and by registered mail. (Recommended does not mean cash on delivery!) The Buyer cannot withdraw from contracts: -for the delivery of goods or services, the price of which depends on financial market fluctuations independent of the Seller's will. Liability for defects, Complaints, Execution of complaints and the procedure for their settlement are resolved by the Complaint Conditions.
Personal data protection
All personal data of the Buyer are considered private and confidential by the Seller. This data is therefore securely stored on our protected servers and is not provided to third parties. Exceptions include external transport services or financial institutions providing hire purchase, and only if it is absolutely necessary for the delivery of goods to the client. All stored personal data of the Buyer can be deleted from the database upon telephone or e-mail request. The information from the Buyer is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Sb. as amended by later amendments and regulations.
Relationships not regulated in these Business Conditions are governed by the relevant provisions of Act No. 40/1964 Sb. (Civil Code) as amended and Act No. 513/1991 Sb. (Commercial Code) as amended. The Seller reserves the right to change these Business Conditions at any time. The Seller shall announce such a change and its effectiveness in a suitable manner on the website or in another suitable manner. These business conditions are valid from November 1, 2005.
The wording of the Complaint Conditions
- These complaint conditions apply only to goods purchased from the Seller (hereinafter referred to as "Goods") and during the warranty period, the Buyer exercises the rights from liability for defects (hereinafter referred to as "Complaint").
- The seller is the company DAYMOON a.s. (hereinafter referred to as the "Seller").
- The Buyer is a natural or legal person who has entered into a purchase agreement with the Seller for the purchase of the Goods which are the subject of the complaint.
- These complaint conditions are in full compliance with Act No. 40/1964 Sb., The Civil Code (hereinafter referred to as the "Act") and in situations which are not directly resolved by these complaint conditions, the provisions of this Act shall apply. In the event that the Buyer is a business entity (stated IČ and/or VAT number on the tax document), the complaint is fully governed by Act No. 513/1991 Sb., The Commercial Code.
- The length of the warranty period is stated on the tax document for the Goods. If it is not stated there, it is set by the Act for 24 months, with the exceptions specified in the Act.
- If the ordered Goods show obvious defects (for example, damaged packaging) already upon receipt of the goods, the Buyer has the right not to accept the Goods. In such a case, the Goods will be sent back to the Seller. The Seller is obliged to put everything in order and send the Goods to the Buyer again as soon as possible.
- In the event that defects of the Goods occur during the use of the Goods by the Buyer during the warranty period, the Buyer may proceed in accordance with these complaint conditions and file a Complaint.
- The Buyer is entitled to withdraw from the purchase contract in all cases stipulated by law. Withdrawal takes effect on the day of acceptance of the goods by the Seller. The Seller has the right not to accept the receipt of goods from the Buyer if the conditions set by the Act and the Seller's Business Conditions are not met. In the event of withdrawal from the contract, the contract is completely canceled and the parties are obliged to return all performance that they have already provided on its basis. More details on withdrawal from the contract can be found in the Business Conditions.
Handling of complaints
- The place of handling the Complaint is the Seller's office.
- Each complaint includes a Complaint Form (hereinafter referred to as the "Form"). In the case of sending the claimed Goods to the Seller via the carrier service, the Buyer is obliged to enclose the completed Form with the Goods. This Form can be obtained in the following ways - downloaded from the Internet, requested to be sent by email, fax or mail).
- In the case of returning the claimed Goods to the Seller, the day of receipt of the Complaint shall be deemed to be the day of receipt of the last part of the Goods by the Seller. The day of settlement of the complaint is considered to be the day of handing over the settled complaint (goods) to the carrier service. In this case, the Buyer is also obliged to send the claimed Goods together with all accessories and together with the original warranty card and the Form and a copy of the tax document. The Buyer is obliged to prepare the goods for transport so as not to damage the Goods, they are also obliged to mark the goods according to their nature (fragile, etc.). During this transport, the Buyer, who makes a complaint, is responsible for the proper delivery to the Seller.
- The Complaint must be settled without delay and as soon as possible, no later than the legal period of 30 days from the day following the day of delivery of the Form to the address of the Seller's office, unless the Seller agrees with the Buyer on a longer period. If the Complaint is not settled afterwards, the Buyer shall have the same rights and obligations as if it were an irreparable defect.
- The Buyer is obliged to take over the settled Complaint as soon as possible at the request of the Seller, or to agree on the conditions of transport with the Buyer.
- The Seller shall mark the Complaint as unjustified if:
- the defect was caused by poor or unprofessional operation (installation), normal wear and tear or improper handling or use, not corresponding to the relevant ČSN,
- the defect was caused by violent damage,
- damage to protection seals, warranty marks or serial number labels has been detected.
- The Seller shall issue a Complaint Protocol to the Buyer, in which the date of acceptance of the Complaint, the date of settlement of the Complaint, the detected defect and the method of its elimination shall be determined.
- The Seller recommends that the Buyer inform the Seller in advance of the intention to file a Complaint in the event of any Complaint, and the Seller will recommend the most suitable form of resolving the Complaint due to the nature of the Goods and the defect.
- These complaint conditions come into force on November 1, 2005. Subject to change.