1. Basic provisions
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company BETOMA Group s.r.o., with its registered office at Primátorská 51, Prague 8, Czech Republic, ID No.: 08606889 (hereinafter referred to as "Seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at www.wowi.store (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface")
1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The contract of sale and the terms and conditions are in English. The contract of sale may be concluded in English.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. Information about goods and prices
2.1 Information about the goods, including the prices of the individual goods and their main features are listed in the catalogue of the online store. The prices of the goods are inclusive of value added tax, all related charges and the cost of returning the goods if they cannot, by their nature, be returned by the usual postal method. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.
2.2 All presentation of goods placed in the catalogue of the online store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
2.3 Information about the costs associated with the packaging and delivery of goods is published in the online shop.
2.4 Any discounts on the purchase price of the goods cannot be combined unless the Seller and the Buyer agree otherwise.
3. Order and conclusion of the purchase contract
3.1 Costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself. These costs do not differ from the basic rate.
3.2 The buyer orders the goods in the following ways:
- via your customer account if you have previously registered with the online shop,
- by filling in the order form without registration.
3.3 When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
3.4 Before sending the order, the buyer is allowed to check and change the data he has entered in the order. The buyer sends the order to the seller by clicking on the button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
3.5 Immediately upon receipt of the order, the Seller will send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and is not considered to be the conclusion of a contract. The confirmation is accompanied by the Seller's current terms and conditions. The purchase contract is concluded only after receipt of the order by the seller. Notification of acceptance of the order is delivered to the buyer's email address. / Immediately after receipt of the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation shall be deemed to be the conclusion of the contract. The confirmation shall be accompanied by the Seller's current terms and conditions. The purchase contract is concluded by the confirmation of the order by the Seller to the Buyer's email address.
3.6 In the event that any of the requirements specified in the order cannot be fulfilled, the seller will send the buyer an amended offer to his email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.
3.7 All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by calling the telephone number or email of the Seller set out in these Terms and Conditions.
3.8 In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal for a purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.
4. Customer account
4.1 Based on the buyer's registration made in the online shop, the buyer can access his customer account. From his/her customer account, the buyer can order goods. The Buyer can also order goods without registration.
4.2 When registering for a customer account and when ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the information provided in the user account in case of any change. The information provided by the Buyer in the customer account and when ordering goods is considered correct by the Seller.
4.3 Access to the customer account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his/her customer account. The Seller is not responsible for any misuse of the customer account by third parties.
4.4 The buyer is not entitled to allow third parties to use the customer account.
4.5 The Seller may cancel the user account, especially if the Buyer no longer uses his/her user account or if the Buyer violates his/her obligations under the Purchase Agreement or these Terms and Conditions.
4.6 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
5. Withdrawal from the purchase contract
5.1 The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract for the supply of perishable goods, as well as goods that are perishable, cannot be withdrawn from, among other things, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.
5.2 Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the purchase contract cannot be withdrawn from, the buyer has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, where the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract to the Seller's e-mail address email@example.com.
Return shipping address:
Zásilkovna.czID 93071068U Arborky 696190 15 Prague – Satalice
5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days of delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.
5.4 In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5 The Seller is entitled to unilaterally set off the claim for payment of damages to the goods against the Buyer's claim for reimbursement of the purchase price.
5.6 In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
5.7 If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the goods to the seller.
6. Price of goods and payment terms
6.1 The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
- cashless through a payment system ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, E-mail: firstname.lastname@example.org, Tel: +420 228 224 267
- cashless payment by PayPal
6.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
6.3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods.
6.4 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
6.5 If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice - to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
6.6 According to the Sales Records Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest.
7. Rights from defective performance
7.1 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
- the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- the goods are fit for the purpose stated by the seller for their use or for which goods of that kind are usually used,
- the goods correspond in quality or workmanship to the agreed sample or specimen, if the quality or workmanship was determined according to the agreed sample or specimen,
- the goods are in the appropriate quantity, measure or weight and the goods meet the requirements of the legislation.
7.2 If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt.
7.3 The rights from defective performance shall be asserted by the buyer at the seller at the address of the seller's establishment where the acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
7.4 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
8.1 The Parties may deliver all written correspondence to each other by electronic mail.
8.2 The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address specified in the Buyer's customer account or order.
9. Personal data
9.1 All information you provide when working with us is confidential and will be treated as such. Unless you give us written permission, we will not use your information in any way other than for the purpose of performing under the contract, except for the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These communications may only relate to similar or related goods and can be opted out of at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for 3 years after the last contract between the parties has been concluded.
10. Final provisions
10.1 All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, then the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer under generally binding legislation.
10.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
10.3 All rights to the Seller's website, in particular the copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is prohibited to copy, modify or otherwise use the website or any part thereof without the consent of the Seller.
10.4 The Seller shall not be liable for errors resulting from third party interference with the online shop or its use contrary to its intended use. The Buyer must not use any procedures that could have a negative impact on the operation of the online shop and must not perform any activity that could allow him or third parties to interfere with or make unauthorised use of the software or other components that make up the online shop and use the online shop or its parts or software in a way that would be contrary to its purpose or intent.
10.5 The purchaser hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
10.6 The contract of sale including the terms and conditions is archived by the seller in electronic form and is not accessible.
10.7 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
These Terms and Conditions shall take effect on the date of 1.2.2020