for contracts concluded with the consumers of the e-shop
(hereinafter referred to as “business terms”)
1.1 The below mentioned business terms are valid for the purchase in the e-shop located on websites https://www.claro.cz (hereinafter referred to as the “web interface”) which is operated by the commercial company Rentco a.s., Company Identification No.: 037 28 102, registered office: Letenské náměstí 748/6, Holešovice, 170 00 Prague 7, incorporated in the Companies Register kept by the Municipal Court in Prague, Section B, File 20365 (hereinafter referred to as the “seller”).
1.2 The goods displayed in the web interface is not any offer in terms of Section 1732, paragraph 2, the Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”).
2.1 The e-shop contains a list of goods offered by the seller for sale, including prices of particular offered goods. Prices of the offered goods are mentioned including the value added tax. The list and prices of goods remain valid for the period when being displayed in the web interface. All offers for sale of goods, located in the web interface, are not binding and the seller is not obliged to enter into a purchase agreement concerning these goods.
2.2 The information about costs related to the delivery of goods mentioned in the web interface is valid only in case that the goods are delivered within the Czech Republic. The agreement is concluded in the Czech language.
2.3 To order goods, the buyer always follows instructions given within the purchase process.
2.4 After the way of payment of the purchase price is confirmed and before the order is sent to the seller, the buyer is enabled to check and change the data entered into the order by the buyer, also with regards to the buyer´s possibility to find and correct mistakes incurred when entering data into the order (collectively hereinafter referred to as the “order”).
2.5 The buyer sends the seller the order by pressing the button “Send order”. The data mentioned in the order is considered by the seller as correct. The seller confirms the buyer the acceptance of an order immediately after its receipt, via electronic mail and to the buyer´s electronic address mentioned in the order (hereinafter referred to as the “buyer´s electronic address).
2.6 The contractual relation between the seller and the buyer (hereinafter referred to as the “purchase agreement”) is established when the order acceptance is delivered to the buyer via electronic mail to its electronic address.
2.7 The buyer agrees with the utilization of remote communication means when entering into the purchase agreement. The costs incurred to the buyer when using remote communication means in connection with entering into the purchase agreement (costs for internet connection, costs for phone calls) are paid by the buyer.
3.1 The buyer can pay the seller the price of goods and other possible costs related to the delivery of goods according to ways of payment which the seller states in the web interface. If not expressly stated otherwise, the purchase price means also costs related to the delivery of goods.
3.2 When taking the goods over from the forwarder, the buyer is obliged to check the integrity of packaging and in case of any defects to announce it immediately to the forwarder. In case that the packaging is disrupted, which shows an evidence of unauthorized intrusion into the consignment, the buyer is not obliged to take the consignment over from the forwarder. By signing a delivery note, the buyer confirms that the consignment met all terms and conditions and any possible later claim concerning the disruption of packaging may not be taken into account.
4.1 The buyer acknowledges that according to Section 1827 of the Civil Code it is not possible to withdraw from a purchase agreement on the delivery of goods adjusted according to the buyer´s wish.
4.2 If the case mentioned in article 4.1 of business terms or another case when it is not possible to withdraw from a purchase agreement is not concerned, the buyer has a right to withdraw from a purchase agreement within fourteen (14) days after the takeover of goods, in accordance with Section 1829, paragraph 1, Civil Code. The period for withdrawal from a purchase agreement is considered as being kept if the buyer sends the seller an announcement during this period that it withdraws from an agreement. The buyer may send the withdrawal from a purchase agreement also to the address: claro., Národní 27, 110 00 Prague 1, or to the email address firstname.lastname@example.org. The buyer may also use a sample form provided by the seller for the withdrawal from a purchase agreement. The sample form is an attachment to these business terms. You may download the form here.
4.3 In case of the withdrawal from a purchase agreement according to article 4.2 of business terms, the purchase agreement is cancelled ex tunc. The goods shall be returned to the seller within ten (10) working days after sending the withdrawal to the seller. The goods shall be returned at buyer´s costs, undamaged and unworn and in the original packaging, if possible.
4.4 The buyer shall bear costs related to the return of goods in case of the withdrawal from an agreement according to article 4.2 of business terms.
4.5 In case of the withdrawal from a purchase agreement pursuant to article 4.2 of business terms, the seller shall refund the purchase price via a credit transfer to the bank account defined by the buyer in its withdrawal, or in cash via a post money order or in another way based on the mutual agreement, within fourteen (14) days after the withdrawal at the latest. However, the seller is not obliged to refund the buyer the accepted pecuniary means before the buyer returns the goods or proves that the goods were sent.
4.6 The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation of incurred damage towards the buyer. The seller is entitled to set off unilaterally the claim on compensation of incurred damage against the buyer´s claim on the refund of a purchase price.
5.1 The rights and duties of the contracting parties concerning the seller´s liability for defects, including its warranty liability, are regulated by the appropriate applicable legislation (mainly by Section 2158 et seq. of the Civil Code).
5.2 The seller provides the 24-month warranty for goods if not stated otherwise on the goods or in a warranty card. The warranty period begins when the goods is handed over to the buyer; if the goods were sent according to a purchase agreement, the period begins when the goods are delivered to the place of performance.
5.3 It is necessary to lodge a claim without undue delay immediately after a defect is found. Any possible default while using the goods may cause deepening of a defect, devaluation of goods and it may be a reason for the rejection of a claim.
5.4 When lodging any claim, it is necessary to provide a document proving the takeover of goods, or a warranty card if it was issued, the complete goods and to mark the claimed defect of goods.
5.5 The buyer lodges a claim by sending the goods to the seller´s business premises. The buyer is also obliged to specify how the defect shows itself and to state its option of a right from the liability for defects, which the buyer applies. When lodging any claim, it is necessary to use a complaint form. It is necessary to send such a form with personal signature together with goods and all mentioned terms to the business premises.
5.6 If the defective performance is serious infringement of an agreement, the buyer has a right: a) for removal of a defect by delivery of new goods without any defect or by delivery of a missing part; b) for removal of a defect by repair of goods; c) for an adequate discount from the purchase price; or d) to withdraw from an agreement.
5.7 The buyer shall announce the seller which right it has chosen when announcing a defect or without undue delay after the announcement. If the buyer does not choose its right on time, it has the same rights as in case of any minor infringement of an agreement in accordance with Section 2107 of the Civil Code.
5.8 If the defective performance is minor infringement of an agreement, the buyer has a right to removal of a defect or to an adequate discount from the purchase price.
5.9 In case that the right for removal of a defect by repair is applied, the buyer is entitled to free, on-time and proper removal of a defect. The seller is obliged to remove the claimed defect without undue delay within 30 calendar days after the claim is lodged at the latest. Defects which may be removed by repair without damaging the design, function or quality of a product are considered as removable defects.
5.10 Any change of goods (properties), which incurred during the warranty period due to the wear, incorrect usage, insufficient or unsuitable maintenance, natural changes of material from which the goods are produced, due to any damage by an external influence or another incorrect intervention of the buyer or the third party, may not be considered as a defect of goods.
6.1 The protection of personal data of the buyer, who is a natural person, is provided by the Act No. 101/2000 Coll., on the Protection of Personal Data, subsequently amended. The buyer agrees with processing of the following personal data: title, name and surname, permanent address, Company Identification No., Tax Identification No., email address, phone number (hereinafter referred to as “personal data”).
6.2 The buyer agrees with processing of personal data by the seller for purposes of the realization of rights and duties under the purchase agreement and for purposes of sending information and business messages to the buyer.
6.3 The seller may entrust the third party, as a processer, with processing of the buyer´s personal data. Except for transport companies and direct suppliers, the personal data shall not be provided by the seller to the third party without the buyer´s prior consent.
6.4 The personal data shall be processed for an indefinite period. The personal data shall be processed in an electronic form and automated way or in a printed form and unautomated way.
6.5 The buyer confirms that the provided personal data is accurate and that it has been instructed about the fact that it is voluntary provision of personal data. The buyer declares that it has been instructed about the fact that it may revoke its consent with processing of personal data in relation to the seller via a written announcement delivered to the seller´s address.
6.6 The buyer agrees with sending of information related to the seller´s goods or services to the buyer´s email address and agrees also with the seller´s sending of business messages to the buyer´s email address.
7.1 The buyer shall acquire the ownership of goods by paying the total purchase price of goods.
7.2 The seller is not bound by any codes of conduct in terms of Section 1826, paragraph 1 e) of the Civil Code, in relation to the buyer.
7.3 The buyer acknowledges that the seller is not responsible for mistakes incurred due to any intervention of the third party into the web interface or due to utilization of the web interface in conflict with its definition.
8.1 The seller may change or amend the text of business terms whereas the current wording of business terms is always published on websites. This provision does not affect any rights and duties incurred during the effective period of the previous text of business terms.
8.2 Any purchase agreement including business terms is filed by the seller in an electronic form and is not accessible.
8.3 The observation of obligations pursuant to the Act No. 634/1992 Coll., on Consumer Protection, as amended (hereinafter referred to as the “Consumer Protection Act”) is supervised by the Czech Trade Inspection Authority, at which it is possible to submit appropriate suggestions on inspection.
8.4 The subject of extrajudicial settlement of consumer disputes between the seller and the buyer in terms of Section 20d et seq. of the Consumer Protection Act is the Czech Trade Inspection Authority (http://www.coi.cz/), at which it is possible to submit a suggestion on the extrajudicial settlement of any consumer dispute.
8.5 These business terms are valid from 1st February 2016.
We handle the selection, inspection and shipment of goods with maximum treatment. Though it may happen that we make a mistake. If you receive goods from us, which do not meet your expectations, please contact us and we will do our best to solve the problem and satisfy your demands.
If you decide that you do not want the purchased goods after you receive it, please contact us within 14 days after the delivery and send us the goods back to our address. Please attach also the order number and the bank account number to which we shall send money back.
You are not obliged to give any reason of your return. Nevertheless, if you give us a reason, it will please us and help us to improve our services.
What we definitely need is the complete goods including the packaging.
In case you want to claim the goods, please use the form which you can find here . You can find further information concerning business term here.
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