Terms and Conditions
I.
Introductory Provisions
These terms and conditions govern the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract concluded between the Seller, which is the company TFE elektronika s.r.o., ID No.: 07197047, with its registered office at nam. Svobody 1509, 696 81 Bzenec, represented by the managing director Mr. Tomáš Flajzar (contact email: info@tfe.cz) and another natural or legal person through the online shop at the Internet address www.flacarp.com.
The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his/her business when ordering goods.
Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. They are drawn up in the Czech language.
II.
Conclusion of the Purchase Contract
The Internet address www.flacarp.com contains a list of the goods offered for sale by the Seller, including the prices of each item offered. The prices of the goods offered are inclusive of value added tax and all related charges. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. Offers to sell goods are non-binding and the seller is not obliged to conclude a purchase contract in respect of the goods offered.
The Seller is entitled to deliver the ordered goods through another supplier.
In order to order goods, the Buyer shall fill in an order form, which contains in particular:
- the goods ordered
- the method of payment of the purchase price of the goods, details of the required method of delivery of the goods
- information on the costs associated with the delivery of the goods, with the exceptions set out in paragraph V. of these Terms and Conditions.
Before sending the order to the seller, the buyer is allowed to check and change the entered data. Once the order has been sent, the details are deemed correct by the Seller. The Seller shall confirm the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address included in the order.
The Seller is entitled to request additional confirmation of the order from the Buyer.
The contractual relationship between the Seller and the Buyer is established by sending the order to the Buyer at the e-mail address provided by the Buyer.
The Buyer agrees to the use of remote means of communication in concluding the purchase contract. Costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the purchase contract shall be borne by the Buyer.
III.
Price of the goods and payment terms
1. The price for the goods and any costs associated with the delivery of the goods under the contract of sale may be paid by the buyer:
- in cash, on delivery at the place specified by the buyer in the order
- by wire transfer to the Seller's account
- in cash at the Seller's place of business (personal collection)
- online payment methods (by credit card via ThePay's secure interface)
The Buyer is obliged to pay to the Seller, together with the purchase price, the costs associated with the packaging and delivery of the goods (hereinafter referred to as the "purchase price").
In the case of cash on delivery, the Purchase Price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 7 days of the conclusion of the purchase contract. In the case of non-cash payment, the Buyer's obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled to require payment of the full purchase price before the goods are shipped to the Buyer.
If the Buyer is from another EU Member State and wishes to claim VAT deduction, the online payment ThePay or the automatically generated Advance Invoice cannot be used, but the Seller must first be contacted in order to verify the registration and issue a payment document without VAT.
IV.
Withdrawal from the contract
In accordance with § 1829 et seq. of the Civil Code, the end consumer has the right to withdraw from the purchase contract within 14 days of receipt of the goods, or from receipt of the last delivery of goods if the purchase contains several types of goods or consists of several parts, or from the date of receipt of the first delivery of goods if it is a regular repeated delivery of goods, without giving any reason.
In the event of withdrawal from the contract pursuant to Article IV, paragraph 1, the purchase contract shall be cancelled from the outset.
Please fill in the withdrawal form here and send it to our address, preferably together with the returned goods.
The goods must be returned to the Seller within five working days of sending the withdrawal form to the Seller. Either in person at the seller's premises by the agreed date or by post. The goods must not be returned to the seller by cash on delivery or in any other way that does not allow the seller to check their condition first and then pay the purchase price or part thereof.
The Seller is entitled to examine the returned goods within 10 days of the return of the goods by the Buyer, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
The Seller shall refund the purchase price to the Buyer within 10 days of the end of the period for examination of the goods pursuant to paragraph 3 of this Article.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation against the Buyer. The Seller is entitled to unilaterally set off the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price.
V.
Transport and delivery of the goods
The place of delivery is the address specified in the electronic order or, in the case of the "Personal collection" option, the Seller's premises.
The goods are delivered upon receipt of the goods by the Buyer.
The Seller undertakes to deliver the goods as soon as possible, no later than 14 days from the date of dispatch of the order, unless a different delivery date is specified for the goods or unless otherwise agreed by the parties. To the price of the goods is added the cost of transport, delivery and, if applicable, packaging according to the price list in the shopping cart, unless otherwise agreed by the parties. The stated shipping prices may be unilaterally adjusted by the Seller in the case of larger shipments, orders with a larger number of items or for other reasons that demonstrably increase the cost of shipping and related services on the part of the Seller.
VI.
Liability for defects, warranty, consumer disputes
The rights and obligations of the contracting parties with regard to the seller's liability for defects, including the warranty, shall be governed by the applicable generally binding regulations, in particular the provisions of § 2161 et seq. of the Civil Code.
The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be exercised by the Buyer at the Seller's business address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the purchase contract.
The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade licensing authority. Supervision of the protection of personal data is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on Consumer Protection, as amended.
VII.
Personal data protection and GDPR
1. The Seller processes the Buyer's personal data in accordance with Act No. 101/2000 Coll., on the protection of personal data, as amended, in the Seller's database, while respecting the obligation of the administrator under Section 5 of Act No. 101/2000 Coll. and further according to the principles of the GDPR. Details on the processing of personal data according to the GDPR can be read HERE.
VIII.
Final provisions
The Seller reserves the right to change the terms and conditions. The validity of the change of the terms and conditions is the date of their publication on www.flacarp.com.
These terms and conditions are effective against the Buyer on the date of confirmation of the Buyer's binding order by the Seller.
All texts, photographs or illustrations contained on the website www.flacarp.com are subject to copyright and may not be copied or otherwise used without the written consent of the Seller.
These terms and conditions are valid from 1 July 2017.
Complaints Procedure
I. Introductory provisions
1. This Complaints Code is issued by TFE elektronika s.r.o., with registered office at náměstí Svobody 1509, 696 81 Bzenec, registered in the Commercial Register maintained by the Regional Court in Brno, sec. C, insert 106468, ID No.: 07197047, VAT No.: CZ07197047, tel. 731 115 151, email: flacarp@tfe.cz (hereinafter referred to as the "Seller").
2. This Complaint Procedure contains information on the scope, conditions and method of exercising the right of defective performance (hereinafter referred to as "complaint") in connection with purchase contracts concluded between the Customer and the Seller, together with information on where the complaint can be filed.
II. Conditions and method of making a claim
1. The Customer may lodge a claim at TFE elektronika s.r.o., náměstí Svobody 1509, 696 81 Bzenec
2. The customer makes a claim in person, by post or by email at flacarp@tfe.cz. The customer proves the purchase of the claimed goods with a purchase document.
3. The complaint must be made without undue delay, as soon as the defect has appeared. Any delay in the continued use of the goods may cause the defect to deepen, depreciate the goods and may be grounds for rejecting the claim.
4. A complaint shall be deemed to have been duly made if the complaint is not prevented by general principles of hygiene. The customer is obliged to present the claimed goods cleaned, free of all impurities and hygienically sound. The Seller is entitled to refuse to accept for complaint any goods that do not comply with the above-mentioned general hygiene principles (in particular Decree No 91/1984 Coll., on measures against communicable diseases).
5. The Seller is obliged to issue the Customer with a written confirmation of when the Customer exercised the right, what is the content of the complaint and what method of handling the complaint the Customer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint.
6. The Seller or its authorised officer shall decide on the complaint immediately, or in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days from the date of the complaint, unless the Seller and the consumer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract.
III. Scope of rights arising from defective performance
1. The rights and obligations of the Seller and the Customer regarding the Seller's guarantee for the quality of the goods upon receipt and the Customer's rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of § 2161 et seq. of Act No. 89/2012 Coll. (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection (hereinafter referred to as the "Consumer Protection Act").
2. The Seller shall be liable to the Customer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Customer that at the time the Customer accepted the goods:
a. the goods have the characteristics agreed between the Seller and the Customer and, in the absence of an agreement, such characteristics as the Seller or the manufacturer described or the Customer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
b. the goods are fit for the purpose for which the Seller states they are to be used or for which goods of that kind are usually used,
c. the goods are in the appropriate quantity, measure or weight
d. the goods comply with the requirements of the law.
3. A defect shall not be deemed to be a change (characteristic) in the goods resulting from wear and tear, improper use, inadequate or improper maintenance, natural changes in the materials from which the goods are made, any damage by the customer or a third party or other improper intervention.
4. If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt.
5. If the goods do not have the characteristics set out in Article 3.2 above, the customer may also demand the delivery of new goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the goods, the customer may only demand the replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate in view of the nature of the defect, in particular if the defect can be remedied without undue delay, the customer shall be entitled to have the defect remedied free of charge.
6. The customer is also entitled to the delivery of new goods or the replacement of a part in the event of a removable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a greater number of defects. In this case, the customer also has the right to withdraw from the purchase contract.
7. If the customer does not withdraw from the contract of purchase or does not exercise the right to delivery of new goods without defects, to replacement of its parts or to repair of the goods, he can demand a reasonable discount. The customer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace a part of the goods or repair the goods, as well as if the Seller fails to remedy the defect within a reasonable time or if the remedy would cause the customer considerable difficulties.
8. The customer is not entitled to the right of defective performance if the customer knew that the goods were defective before taking delivery of the goods or if the customer caused the defect.
9. The customer is entitled to exercise the right of defect which occurs in consumer goods within twenty-four months of receipt of the goods (except as set out in clause 3.8 below). This does not apply:
a. for goods sold at a lower price, to the defect for which the lower price was agreed,
b. for wear and tear caused by normal use of the goods; or
c. where this is apparent from the nature of the goods.
10. If the defective performance is a material breach of contract, the customer has the right to:
a. to remedy the defect by supplying a new item without defect or by supplying the missing item,
b. to remedy the defect by repairing the item,
c. a reasonable discount on the purchase price
d. to withdraw from the contract.
11. The Customer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The customer may not change the choice made without the consent of the Seller; this does not apply if the customer has requested the repair of a defect that proves to be irreparable. If the Seller fails to remedy the defects within a reasonable period of time or notifies the Customer that it will not remedy the defects, the Customer may demand a reasonable discount on the purchase price in lieu of remedying the defect or may withdraw from the contract. If the Customer fails to exercise its right in time, the Customer shall have the rights under Articles 3.12 to 3.14.
12. If the defective performance is an insubstantial breach of contract, the customer has the right to have the defect removed or to a reasonable discount on the purchase price.
13. The Seller may remedy other defects at its option by repairing the goods or supplying new goods; the choice must not cause unreasonable costs to the Customer.
14. If the Seller fails or refuses to remedy the defect in a timely manner, the Customer may demand a reduction in the purchase price or may withdraw from the contract. The customer cannot change the choice made without the consent of the Seller.
IV. Final Provisions
1. The Complaints Procedure has been drawn up in accordance with the Civil Code and the Consumer Protection Act.
2. Complaints are handled in accordance with these Complaints Regulations, the Civil Code, the Consumer Protection Act and other relevant legislation.
3. This Complaints Procedure shall come into force and effect on 1 October 2022.
The withdrawal form can be downloaded HERE.