Terms and Conditions
Abbreviations used
The operator of the online shop - hereinafter referred to as the operator
Online shop www.olpran.cz - hereinafter referred to as the online shop
Establishment - Olpran spol. s r. o., Libušina 101, Postal Code 779 00, Olomouc
Buyer - means a consumer, which is a person who, unlike the Seller, does not act in the course of his business or profession when concluding and performing the contract.
Contact details of the seller
Name: OLPRAN spol. s r.o.
Registered office: Libušina 101, 779 00 Olomouc
ID: 155 02 198
Registered in the Commercial Register at the Regional Court in Ostrava, Section C, Insert 251
Phone: +420 585 111 501,
email: olpran@olpran.cz
Contact address: Libušina 101, 779 00 Olomouc
Business premise: Libušina 101, 779 00 Olomouc
Information
The information about the goods and the price given by the seller is binding except for obvious errors. Prices are presented inclusive of all taxes (e.g. VAT) and charges, except for delivery costs.
Information on accepted methods of payment is given here. The Seller does not charge any fees depending on the method of payment.
Acceptance of a quotation with an amendment or variation is not acceptance of the quotation.
Confirmation of the content of a contract concluded in a form other than in writing, which shows deviations from the actual agreed content of the contract, has no legal effect.
Acceptance of unsolicited performance by the buyer does not constitute acceptance of the offer.
The photographs shown on the shop's website correspond to the goods sold.
Delivery of goods
The delivery date depends on the type of goods ordered. For commonly available goods and goods that we have in stock, the shipment is usually made on the same or next working day. The delivery time is usually within 2 working days of receipt of the order. The buyer is obliged to accept and pay for the goods. The buyer is advised to check the goods as soon as possible upon receipt.
The Seller shall send the documents for the goods, in particular the tax document, receipts and certificates, to the Buyer as soon as the goods have been received, but no later than two days after the consumer has taken delivery of the goods.
If the buyer so requests, the seller shall confirm to the buyer in writing to what extent and for how long his obligations under the defective performance continue and how the buyer may exercise his rights thereunder.
Price and delivery method
We provide delivery of goods throughout the Czech Republic by mail order service WEDO, GLS, PPL. The price for shipping is CZK 140,-, COD 49,-.
Personal collection of ordered goods can be realized at the shop in Olomouc, or at the branch in Hořice v Podkrkonoší.
Order
By completing and submitting an order placed through the online store, the customer confirms the binding nature of the order and his/her agreement to these terms and conditions. You will be informed of the acceptance of your order by a confirmation email, provided that you provide the correct email address.
If you do not receive a confirmation email with a copy of your order, please contact us either by phone 585 111 501 or by email olpran@olpran.cz .
A confirmation email confirming receipt of your order in the system is not a confirmation of your order.
If the goods you have ordered are not currently in stock or the delivery date cannot be met, you will be informed of this fact by email. If you cancel your order within 24 hours, either by e-mail or telephone, the order will be deemed cancelled. When cancelling an order by email, please be sure to include your name, email address and a description of the goods you are cancelling.
Order processing
In the event of any doubt, the operator or its responsible representative has the right to contact the customer using the details provided by the customer. If it is not possible to contact the customer by phone or email as specified in the order because the data is incorrect, or if the customer does not correct the required data even after notification by the operator, the order will be cancelled.
Order cancellation and withdrawal from the contract
On the part of the buyer - the buyer may cancel the order at any time before the binding confirmation of the order without giving any reason. After the binding order confirmation, cancellation can only be made if the seller fails to meet the agreed delivery conditions. In case of cancellation of a confirmed order, the buyer is obliged to pay the seller for the damage caused by this action.
The Seller may exercise the right to payment of damages, in particular in the case of purchase of goods "to order", which had to be procured at the request of the customer or in the event that in connection with the provision of the goods there has already been incurred demonstrable costs, such as unnecessary transport, etc. by the Seller - the Seller reserves the right to cancel the order or part of it in the following cases: the goods are no longer produced or delivered, or if the price of the supplier of the goods or the cost of execution or delivery of the order has changed significantly and the customer does not accept the price change.
In the event that this situation arises, the Seller will immediately contact the Buyer to agree on a further course of action. If the buyer has already paid part or all of the purchase price, it will be transferred back to the buyer's account as soon as possible, but no later than 30 working days.
The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of the goods or payment. This period is intended to allow the buyer to become reasonably familiar with the nature, characteristics and functionality of the goods.
The Buyer shall send or deliver the withdrawal to the Seller within 14 days. The buyer does not have to state the reason for which he withdraws from the contract. To facilitate communication, it is advisable to indicate in the withdrawal the date of purchase or the contract/sales receipt number, the bank connection and the chosen method of return of the goods.
The Seller is obliged to refund the Buyer the amount fully corresponding to the price of the goods and the costs paid for their delivery, in the same way as the payment was received from the Buyer, or, by agreement, by bank transfer (if the order was paid on delivery). If the Seller offers several options within a certain delivery method, he is obliged to compensate the Buyer for the cheapest of them. The buyer is obliged to send or hand over the purchased goods to the seller within the same time limit at the latest. The goods should be returned to the seller (not on delivery) complete, preferably in their original packaging, and must not show signs of wear and tear or damage. The cost of returning the goods is borne by the buyer. In the event that the costs of delivery of the goods at the conclusion of the purchase contract were borne by the seller, the seller reserves the right to reduce the amount of the refund by these costs.
If the returned goods have been damaged by a breach of the buyer's obligations, the seller is entitled to claim against the buyer compensation for the depreciation of the value of the goods and to set it off against the amount returned.
Exceptions: the right of withdrawal cannot be exercised in the case of contracts for the supply of goods which have been customised to the consumer's wishes or for the consumer's person and in the case of contracts for perishable goods, goods which have been irretrievably mixed with other goods or removed from their sealed packaging and cannot be returned for hygiene reasons.
We are not liable for any loss or damage to the goods en route to us. Please do not send goods on COD or they will not be collected.
Rights and obligations arising from defective performance
Quality on receipt
If the goods received have defects (e.g. they do not have the agreed or reasonably expected characteristics, are not suitable for the usual or agreed purpose, are not complete, do not correspond to the quantity, measure, weight or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of the goods for which the seller is liable.
The buyer may, within two years of receipt of the goods at the latest, claim from the seller the free removal of the defect or a reasonable discount on the price, if he so requests; if this is not disproportionate to the nature of the defect (in particular if the defect cannot be removed without undue delay), a claim may be made for the delivery of a new item without defects or a new part without defects, if the defect relates only to this part.
If repair or replacement of the goods is not possible, the buyer may claim a full refund of the purchase price upon withdrawal from the contract.
Within six months of receipt of the goods, it is presumed that the defect already existed when the goods were received.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect in the goods before taking delivery or caused it himself.
In the case of second-hand goods sold, the seller is not liable for defects corresponding to the degree of previous use or wear and tear. For goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed. In such cases, the buyer shall be entitled to a reasonable discount in lieu of the right of exchange.
Legal rights from defects
The Seller is liable for defects arising after receipt of the goods within the 24-month warranty period or within the period of use specified in the advertisement, on the packaging of the goods or in the enclosed instructions.
Within this period, the Buyer may make a claim and, at his option, claim for a defect that constitutes a material breach of contract (regardless of whether the defect is remediable or irremediable):
- remedy the defect by supplying a new item without defect or by supplying the missing item;
- to remedy the defect by repair free of charge;
- a reasonable discount on the purchase price; or
- a refund of the purchase price on the basis of withdrawal from the contract.
A material breach of contract is one which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen the breach.
In the case of a defect that is an insubstantial breach of contract (whether or not it is a remediable or irremediable defect), the buyer is entitled to have the defect remedied or to a reasonable reduction in the purchase price.
If the removable defect has occurred repeatedly after repair (third claim for the same defect or fourth claim for different defects) or the goods have a greater number of defects (at least three defects at the same time), the buyer may exercise the right to a discount on the purchase price, replacement of the goods or withdrawal from the contract.
The seller is not liable for defects resulting from normal wear and tear or failure to follow the instructions for use.
Method of payment
You can choose from the following payment types:
cash on delivery - payment upon delivery of goods by GLS courier service to the billing or delivery address specified in the order.
transfer to account - when paying by transfer to account, the customer will be informed by email or phone about the status of the order (see above) and will be provided with all the necessary data for transferring the amount to the operator's account. An advance invoice will be issued and sent to the customer by email. After the amount has been credited to the operator's account, the goods will be sent immediately to the billing or delivery address specified in the order.
Cash - takes place at our brick-and-mortar branch upon receipt of the goods. The customer will be contacted as soon as the goods are ready for collection.
Sale and payment for goods
The seller is the owner of the goods and sells them to the buyer (customer).
The goods are the property of the seller until they are paid for in full by the customer (for non-cash payments, payment is deemed to be made when the amount is transferred to the seller's account).
Delivery conditions
The delivery date depends on the type of goods ordered. For commonly available goods and goods that we have in stock, the shipment is usually made on the same or next working day. The delivery time is usually within 2 working days of receipt of the order.
The place of collection is determined on the basis of the buyer's order. The delivery of the goods to the specified location is deemed to have been fulfilled. Transportation to the destination address is provided by the seller. The shipment of goods always includes a tax receipt.
We provide delivery of the goods throughout the Czech Republic via GLS, PPL, WeDo.
Personal collection for picking up the ordered goods can be realized at the shop in Olomouc, or at the central branch in Hořice v Podkrkonoší.
Complaint handling
The buyer is obliged to file a claim with the seller or a person designated for repair without undue delay after the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling
The buyer must inform the seller of the right he has chosen when notifying the defect or without undue delay after notifying the defect. A change of choice without the seller's consent is only possible if the buyer has requested the repair of a defect that turns out to be irremediable.
If the buyer fails to exercise his right under a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably by proof of purchase). The time limit for the settlement of the claim runs from the handover/delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging to prevent damage during transport and should be clean and complete.
The seller must decide on the complaint without delay, within three working days at the latest, or if a professional assessment is required to make a decision. The information on the need for a professional assessment shall be communicated to the buyer within this period. The Seller shall settle the complaint, including the removal of the defect, without undue delay, at the latest within 14 days of its submission, unless a longer period is agreed in writing with the Buyer. After the expiry of this period, the buyer has the same rights as if it were a material breach of contract.
If the seller refuses to remedy the defect, the buyer may demand a reasonable reduction in the price or withdraw from the contract.
The warranty period shall be extended by the time from the time the claim is made until the claim is settled or the buyer is obliged to collect the item. If the goods or a part thereof are replaced, the seller's liability shall apply as if the goods or a part thereof had been purchased new.
If it is not possible to monitor the status of the complaint online, the Seller undertakes to inform the Buyer of the settlement of the complaint by e-mail or SMS as requested by the Buyer.
In the case of a legitimate complaint, the Buyer is entitled to reimbursement of the costs reasonably incurred.
Personal data protection
This online shop is governed by Act No. 101/2000 Coll., on the protection of personal data. Your data stored with us is protected from misuse and will never be disclosed to any third party. Your data may only be used by the operator of the online shop, and only for the purposes of statistical processing and direct communication with the customer. An exception is the transmission of contact details (address and telephone number) to the shipping company, which is necessary for the delivery of the order.
By using this online shop, you agree to the collection and use of information about you and your purchases under the conditions set out above.
The buyer has the right to be informed of what data the seller records about him/her and is entitled to modify this data or to object to its processing in writing. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection.
The online shop reserves the right to withdraw from the security guarantee in the event of an attack on the server by an unknown perpetrator (hacker). Only in such a case the above mentioned data handling rules do not apply.
Dispute Resolution
Mutual disputes between the seller and the buyer are resolved by the general courts.
Supervision of compliance with the obligations under Act No. 634/1992 Coll., on Consumer Protection, as amended, is carried out by the Czech Trade Inspection Authority (www.coi.cz).
Other
Other matters not mentioned herein are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legislation, as amended.
The contract and related matters are governed by Czech law.
Changes to the terms and conditions in a form other than mutually agreed in writing are excluded.
We are NOT responsible for any errors caused by unauthorized intervention of a third party in our website (images, prices, labels, etc.)!
Relations and any disputes arising under the contract shall be governed exclusively by the law of the Czech Republic and shall be resolved by the competent courts of the Czech Republic.
Any disputes between Olpran and the Buyer may also be settled out of court. In this case, the Buyer - consumer may contact the out-of-court dispute resolution entity, which is, for example, the Czech Trade Inspection Authority. More information about out-of-court dispute resolution can be found here. Before proceeding to out-of-court dispute resolution, Olpran recommends that the Buyer first contact Olpran (585111501) to resolve the situation.
These terms and conditions are effective from 1.2.2016