Terms & Conditions
Page content:
1. General Terms and Conditions for Consumers
2. Consumer Complaints Procedure
3. General terms and conditions for entrepreneurs and legal entities
4. Complaints procedure for entrepreneurs and legal entities
General Terms and Conditions for Consumers
These general terms and conditions (hereinafter referred to as "terms and conditions") apply to contracts concluded through the MAGSY online shop located on the web interface www.magsy.shop (hereinafter referred to as "web interface") between
by our company:
MAGSY, s.r.o., with registered office at Holešovská 457, 763 16 Fryšták
ID: 26230224
DIC: CZ26230224
registered: in the Commercial Register maintained by the Regional Court in Brno under file No. C 38124
Address for delivery: Holešovská 457, 763 16 Fryšták
Phone number: +420 577 220 497, Mon-Fri 7:00-15:30
Fax: +420 577 019 097
Contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz
as the seller
and you as the buyer.
1. INTRODUCTORY PROVISIONS
1.1 Summary of the content of the Terms and Conditions
By the contract of sale, we undertake to deliver the goods specified in the order to you and you undertake to accept the goods and pay us the purchase price. In order to enter into a contract, you must have placed an order and the order must be accepted by us (as set out in clause 2). Information on prices is set out in clause 3. The possible methods of payment and delivery can be found in articles 4 and 5. Information on the possibility of withdrawing from the contract after receipt of the goods is in article 6.
1.2 Is it a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of your independent exercise of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection under the law and these terms and conditions.
1.3 What governs our mutual rights and obligations?
First and foremost, the contract, which consists of the following documents:
- these terms and conditions, which define our mutual rights and obligations;
- The Complaints Procedure , according to which we will proceed with the complaint of goods;
- Privacy Policy , which governs the protection of your personal data;
- the terms and conditions and the instructions given on the web interface, in particular when concluding the contract;
- order and its acceptance by us,
and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:
- Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code");
- Act No. 634/1992 Coll., on Consumer Protection, as amended (only if you are a consumer).
If your domicile or registered office is located outside the Czech Republic, or if our legal relationship contains any other international element, you agree that Czech law will govern our relationship. If you are a consumer and the law of your country of residence provides a higher level of consumer protection than Czech law, then you are afforded that higher level of protection.
1.4 How do you agree to the Terms and Conditions?
By sending your order and also by confirming it on the web interface, you confirm that you have read and agree to these terms and conditions.
1.5 What else should you know about the Terms and Conditions?
In the event that any provision of these Terms and Conditions is (or becomes) invalid, ineffective or unenforceable, the provision that is closest in meaning to it shall apply instead. This is without prejudice to the validity of the other provisions.
We may change or amend the wording of the Terms and Conditions. Your rights and obligations are always governed by the wording of the Terms and Conditions under which they arose. We will send you the text of these terms and conditions together with the acceptance of your order by us.
The terms and conditions may only be amended or supplemented in writing.
2. PURCHASE CONTRACT
2.1 How do we conclude a purchase contract?
In order to enter into a contract, it is necessary that you submit an order in accordance with these terms and conditions and that this order is accepted by us. Please note that the presentation of the goods on the web interface is informative and does not constitute a proposal by us to conclude a contract within the meaning of section 1732 (2) of the Civil Code.
2.2 How to place an order?
You can always place an order via the web interface (by filling in the form) or in any other way that we allow according to the information on the web interface. The order must contain all the information prescribed in the form.
Before submitting your order via the order form, you will be provided with a recap of your order including the final price (including all taxes, duties and charges). Within the recap, you have the last opportunity to change the details you have entered.
You place a binding order by pressing the "Order binding payment" button, thereby also agreeing to pay the purchase price in full. We consider the information provided in the binding order to be correct and complete. Please inform us immediately by phone or e-mail if you change them.
2.3 How do I place a non-binding order?
It is also possible to send a non-binding enquiry about the goods offered via the web interface, by e-mail or in any other way that we make available according to the information on the web interface. Please indicate any specific requirements for the goods in this enquiry, especially if you wish to have the goods manufactured or customised to your needs.
We consider the information provided in the non-binding inquiry and in the follow-up communication to be complete and correct and we will prepare our offer according to this information.
After sending us a non-binding inquiry, we will provide you with our offer (by phone or e-mail), containing in particular information about the price of the goods. In the offer we will also send you a recapitulation of the enquiry including the attached terms and conditions. Within the recapitulation you have the last possibility to change the entered data. You must inform us of this change before sending a binding order.
If you agree with the terms and conditions proposed by us according to our offer, you can then place a binding order by e-mail or telephone. Please note that acceptance of this order by us is still required to conclude the contract.
2.4 Can you cancel or change an order that has already been placed?
You can cancel or change an order that we have not yet received by phone or email. All orders received by us are binding. Subsequent cancellations or changes to your order are only possible by agreement with us. If an order is cancelled in this way for goods which cannot be withdrawn from the contract (see clause 6 for details), we are entitled to compensation for the costs we have already incurred in connection with the contract.
2.5 How do you know that we have accepted an order and when the contract is concluded?
The purchase contract is concluded at the moment when you receive the acceptance of the order from our side to the e-mail address you provided in the order. Should the order not be accepted, the contract is concluded at the moment you take delivery of the ordered goods.
2.6 Do you have the possibility to get the contract in text form?
The documents constituting the contract will be sent to you by email or printed by post at your request. When sending by post, we may ask you to pay the costs involved.
We archive the documents constituting the contract in electronic form. The contract is not accessible to third parties.
2.7 Ordering goods in larger quantities than the stock
In the case of ordering more pieces of goods or goods in larger quantities by the buyer, which is not in the appropriate number of pieces or quantity in stock, the seller shall inform the buyer of this fact without undue delay. The Seller reserves the right to change the price for missing items, the price will be confirmed by the Seller together with the date of delivery.
3. PRICE
3.1 Can I change the price on the web interface?
If the price listed for an item on the web interface or during the ordering process is no longer current, we will notify you immediately. However, orders received will not be affected by a price change that has occurred between the time the order was placed and our acceptance of the order.
In the event that there is an obvious technical error on our part in the price of the goods on the web interface or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price due to the apparent legality of our legal action pursuant to Section 552 of the Civil Code, or due to a mistake pursuant to Section 571 of the Civil Code.
3.2 Can discounts be combined?
Any discounts on the price of the goods cannot be combined, unless explicitly stated otherwise on the web interface.
4. PAYMENT TERMS
4.1 What payment methods do we accept?
You can pay the purchase price mainly in the following ways:
- cash on delivery or personal collection;
- cashless payment by credit card upon personal collection;
- cashless before delivery of the goods by credit card or through a payment gateway;
- cashless before delivery of the goods by transfer to our bank account (instructions will be communicated to you in the order acceptance);
In the event that you select the "Advance Payment" method of payment when ordering goods, an advance invoice (letter) will be issued to you for payment of the advance payment in the amount of the full purchase price (payment instructions will be provided in the advance invoice), unless we expressly agree otherwise.
Any additional payment methods and any fees associated with certain payment methods are listed on the web interface .
4.2 When is the purchase price due?
In case of cash payment, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is due within five days of receipt of the order. In the case of non-cash payment by transfer to our bank account on the basis of a tax document (invoice) or advance invoice, the price is payable at the due date stated in the tax document (invoice) or advance invoice. The price is paid when the relevant amount is credited to our bank account. If we do not receive the price when it is due, we reserve the right to withdraw from the contract.
4.3 Can we require a deposit or payment in advance?
Please note that in accordance with Section 2119 (1) of the Civil Code, we are entitled to ask you to pay the full price of the goods (or a deposit) before dispatch or delivery.
Please note that if you choose to make payment by wire transfer and make payment before the contract is concluded by us in accordance with clause 2.5, this is a prepayment of the price of the goods. In the event that the contract is subsequently concluded, the advance payment will be credited against the price of the goods.
4.4 How do we issue a tax document?
By agreeing to these terms and conditions, you consent to us issuing a tax document electronically.
5. DELIVERY CONDITIONS
5.1. How do we send the goods?
The delivery methods, including the cost of delivery, are listed on the web interface . You can select the specific delivery method in the order.
The order will always include the final price, which already includes the cost of the chosen shipping method.
5.2 When will we deliver the goods to you?
The delivery time always depends on the availability of the goods and the chosen method of transport and payment, but we will deliver the goods within thirty days of the conclusion of the contract. We also allow personal collection of goods at our headquarters. If you choose this method of delivery, we will inform you as soon as the goods are ready for collection, usually by telephone, e-mail or text message.
However, we cannot control the delivery time of goods by external carriers. In case of problems regarding delivery time, please contact us and we will resolve the situation with the carrier.
Goods that are in stock are usually dispatched within two working days from the receipt of the order (when sending goods on delivery or personal collection), or from the crediting of payment to our account (in the case of cashless payment before delivery of goods).
Goods that are not in stock are dispatched as soon as possible. We will inform you of the exact date. For goods manufactured or customised on your request, the dispatch and delivery time may be longer than for other goods, mainly due to our production capacity and current workload. We will inform you of the delivery date in this case.
Delivery of the goods under these terms and conditions means the time when the goods are delivered to you. If you unreasonably refuse to take delivery of the goods, this shall not be deemed to be a failure on our part to deliver the goods or a repudiation of the contract on your part.
You acquire ownership of the goods at the moment of payment of the full purchase price, but not before you take possession of the goods.
5.3 How to proceed with the acceptance of the goods?
Before taking delivery of the goods, check the integrity of the packaging and the weight of the consignment, and if during this check you discover any defect in the consignment or any other irregularity that may indicate damage to the goods or their loss due to the transport of the consignment, it is necessary to refuse to take delivery of the consignment, or at least to request the carrier to issue a written record of this fact in advance. Otherwise, the consignment is deemed to be faultless and your subsequent claims may not be taken into account. Therefore, if you discover such a defect in the shipment, always inform the carrier and us immediately. If you refuse to accept a shipment with such a demonstrable defect, this shall not be deemed to be an unjustified refusal.
From the moment you take possession of the goods (or from the moment you were obliged to take possession of the goods but failed to do so in breach of contract), liability for accidental destruction, damage or loss of the goods passes to you.
When opening a parcel with sharp objects, take care not to penetrate the package and damage the contents. Please always open the parcel with extra care.
5.4 What happens if you do not accept the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a manner other than that agreed upon, you shall pay the costs associated with such delivery.
In the event that you do not accept the goods without reason, we shall be entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by us due to the non-acceptance of the goods.
In the case of sending the goods on delivery or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we have the right to proceed with the sale of the goods on our own pursuant to § 2126 of the Civil Code.
5.5 Minimum order value
In our e-shop, you can confirm your order only if you have goods in your cart with a minimum value of 206,61 CZK (excluding VAT).
6. WITHDRAWAL FROM THE CONTRACT
6.1 How can you withdraw from the contract?
You may withdraw from the contract of sale as a consumer without giving any reason within 14 days from the date on which you or your nominee took delivery of the goods from the carrier; or
the last piece of goods, if you have ordered more than one piece of goods within one order, which are delivered separately,
the last item or part of a delivery of goods consisting of several items or parts, or
the first delivery of the goods if it is a regular delivery of the goods over an agreed period of time.
We recommend that you send the notice of withdrawal from the contract of sale to our delivery address together with the goods or by e-mail and send the goods to our delivery address immediately thereafter. A sample form can be used to withdraw from the contract.
6.2 What are the consequences of withdrawal?
Withdrawal from the Contract shall terminate the Contract from the outset and it shall be deemed not to have been concluded, including the obligations under ancillary contracts; this shall be without prejudice to the provisions of clauses 6.4 and 6.5.
If a gift has been given to you together with the goods with your consent, the gift contract shall cease to have effect upon withdrawal by either party. You must send the gift back to us together with the returned goods.
6.3 How will you return the goods to us?
You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any premises or to our registered office. Please do not send the goods by cash on delivery, we are not obliged to accept them in this way.
We recommend that the returned goods are accompanied by:
- a copy of the delivery note and invoice (if issued) or other proof of purchase;
- a written statement of withdrawal (on our form or otherwise) and the method of refund chosen.
Failure to submit any of the above documents does not prevent the positive processing of your withdrawal from the contract in accordance with the statutory conditions.
6.4 When will you get your money back?
We will refund any monies received within 14 days of withdrawal. However, please note that we are not obliged to refund you until you have returned the goods to us or provided proof that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the cost of delivery of the goods to you. However, if you have chosen a delivery method other than the cheapest method of delivery offered by us, we will refund the cost of delivery of the goods to you in the amount of the cheapest delivery method offered.
We will refund your money in the same way we received it (unless you tell us otherwise within ten days of cancellation and incur no further costs) or in any way you request.
You are responsible for the cost of sending the returned goods to our address, even if the goods cannot be returned by normal postal means due to their nature.
6.5 What if the returned goods are damaged?
When sending the goods, wrap them in suitable packaging to prevent damage or destruction.
The goods may only be tested to the extent necessary to familiarise oneself with the nature, features and functionality of the goods. If we find that the goods returned by you are damaged, worn, soiled or partially consumed, you will be liable to us for such diminution in value.
6.6 When can I not withdraw from the contract?
In accordance with Section 1837 of the Civil Code, the following contracts, among others, may not be withdrawn from:
- the delivery of goods that have been customised for you or for your person;
6.7 When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
- we have not received the purchase price from you by the due date or you have not taken delivery of the goods;
- the goods cannot be delivered under the original conditions for objective reasons (mainly because the goods are no longer manufactured, the supplier has stopped delivering to the Czech Republic, etc.);
- performance becomes objectively impossible or unlawful.
If any of the above occurs, we will inform you immediately of our withdrawal from the contract.
If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal from the contract, without cash to the account you provide us with for this purpose or from which you made the payment.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights arising from defective performance are governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, 2099 to 2117 and, if you are a consumer, Sections 2158 to 2174 of the Civil Code). When exercising rights arising from defective performance, we will proceed in accordance with our Complaints Procedure.
8. FURTHER INFORMATION FOR CONSUMERS
8.1 What authorisations do we have to carry out our activities?
We are authorised to sell goods on the basis of a trade licence. Our activity is not subject to other authorization.
8.2 How do we handle complaints?
We handle any complaints via our contact email. We will then deal with the complaint and try to resolve it without undue delay after receiving it. You can also contact the relevant trade office or the Czech Trade Inspection Authority.
8.3 What rights do you have when a consumer dispute arises?
If you are a consumer and if a dispute arises between us under the contract that we are unable to resolve directly, you have the right to address this dispute to the Czech Trade Inspection Authority (address: Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2; web interface: www.coi.cz, www.adr.coi.cz; electronic contact: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right within 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.
You can also use the online platform set up by the European Commission at http://ec.europa.eu/consumers/odr/ to lodge a complaint about goods or services you have purchased from us and to find an ADR entity.
9. REGISTRATION ON THE WEB INTERFACE
9.1 How can you register on the web interface?
By registering via the registration form on the web interface, a user account is created. Keep the access data to the user account confidential. We are not responsible for any misuse of the user account by a third party.
The information provided at registration must be true and complete. We may cancel an account that was created using false or incomplete information without refund. In the event of any changes to your details, we recommend that you amend them in your user account without delay.
9.2 What is the purpose of a user account?
Through your user account you can primarily order goods, track orders and manage your user account. Any additional functions of the user account are always listed on the web interface.
9.3 When can we cancel your user account?
Please note that we have the right to terminate your user account without refund if your account is used in violation of good practice, applicable law or these Terms and Conditions.
10. REVIEW
10.1 Who can add a review?
All user reviews on the web interface are written by our actual customers, to whom we have delivered the goods they requested on the basis of the order they placed.
Adding reviews is only possible after completing the purchase on the web interface, via a link sent to the customer via email or via the user account on the web interface.
10.2 How do we verify reviews?
We verify every review before it is published. Only customers who have completed a purchase on the web interface can post a review.
If we discover that a review has been created by someone who has not made a purchase on the web interface, we are entitled to remove or not publish the review.
11. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
11.1 Is the content of the website protected by copyright?
The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software, etc.) is protected by our copyright or the rights of others. You may not modify, copy, reproduce, distribute or use the content for any purpose without our consent or the consent of the copyright holder. In particular, the free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
11.2 Responsibility and use of the web interface
We are not liable for errors resulting from third party intervention in the web interface or from its use contrary to its intended use. When using the web interface, you must not use any procedures that may interfere with the functionality of the system or place an unreasonable load on the system.
If you engage in any illegal or unethical conduct while using the Web Interface, we may restrict, suspend or terminate your access to the Web Interface without any compensation. In this case, you shall furthermore be obliged to reimburse us in full for any damages that have been proven to have been caused by your conduct pursuant to this paragraph.
Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third party websites.
These terms and conditions are valid and effective from 1.1.2022
General terms and conditions for entrepreneurs and legal entities
These general terms and conditions for entrepreneurs and legal entities (hereinafter referred to as "terms and conditions") apply to contracts concluded through the MAGSY online shop located on the web interface www.magsy.shop (hereinafter referred to as "web interface") between
by our company:
MAGSY, s.r.o., with registered office at Holešovská 457, 763 16 Fryšták
ID: 26230224
DIC: CZ26230224
registered: in the Commercial Register maintained by the Regional Court in Brno under file No. C 38124
Address for delivery: Holešovská 457, 763 16 Fryšták
Phone number: +420 577 220 497, Mon-Fri 7:00-15:30
Fax: +420 577 019 097
Contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz
as the seller
and an entrepreneur or legal person
as buyers
(both hereinafter collectively referred to as the "Parties").
1. Introductory provisions
1.1 The Terms and Conditions define and specify the basic rights and obligations of the contracting parties when concluding a purchase contract or other contract referred to herein (hereinafter referred to as the "Contract") via the web interface.
1.2 The provisions of the Terms and Conditions are an integral part of the contract. The parties may agree on rights and obligations that deviate from the terms and conditions. Deviating arrangements of the parties shall prevail over the provisions of the terms and conditions. The Seller may change or supplement the wording of the Terms and Conditions. The rights and obligations of the parties shall always be governed by the wording of the terms and conditions under which they arose. The rights and obligations of the contracting parties are also governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Privacy Policy, as well as the terms and conditions and instructions provided on the web interface, in particular when concluding the contract. In matters not regulated herein, the relations of the parties shall be governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").
1.3 These terms and conditions apply to buyers who are entrepreneurs and to legal entities. Contracts concluded with consumers are not subject to these Terms and Conditions but to the General Terms and Conditions for Consumers.
1.4 The ownership right to the goods is acquired by the buyer upon payment of the full purchase price, but not before he takes possession of the goods.
1.5 By sending the order, the buyer confirms that he/she has read these terms and conditions and that he/she agrees with their content.
2. Order and conclusion of the contract
2.1 The web interface lists the goods including a description of the main characteristics of each item. The presentation of the goods on the web interface is informative and does not constitute a proposal by the Seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order to conclude a contract, the Buyer must send an order in accordance with these Terms and Conditions and the Seller must accept the order.
2.2.The Buyer shall place the order via the web interface, or in any other way indicated on the web interface or as agreed by the parties. The order must always contain the exact name of the goods ordered (or the numerical designation of the goods), the number of items, the chosen method of payment and delivery and the contact details of the Buyer (name and surname or company name, identification number, delivery address, telephone number, e-mail address). The buyer is obliged to prove that he is a business by entering a valid identification number in the order.
2.3 Upon receipt of a non-binding inquiry, the Seller shall send the Buyer an offer (by telephone, e-mail or other agreed method) containing in particular information on the final price of the goods. If the Buyer agrees to the terms and conditions proposed by the Seller, the Buyer shall subsequently place a binding order by e-mail, telephone or other agreed means.
2.4 In the event that the Buyer cancels an order before it is accepted by the Seller, the Seller shall be entitled to reimbursement of the costs incurred in connection with the processing of the Buyer's order.
2.5 The Seller is not obliged to accept the received order. An unaccepted order is not binding on the Seller. The Seller is entitled to contact the Buyer to verify that the Buyer is a business and to verify the completeness, authenticity and seriousness of the order. An unverified order may be rejected by the Seller.
2.6 Information about the receipt of the order is sent automatically and does not constitute acceptance of the order by the Seller. The contract is concluded at the moment when the Buyer has received the information about the receipt of the order by the Seller.
2.7 The Buyer is not entitled to unilaterally cancel the accepted order and therefore the concluded contract. An accepted order may only be cancelled at the request of the Buyer and the contract terminated by agreement between the Seller and the Buyer.
2.8 In the event of cancellation of an accepted order, and thus termination of the contract at the request of the buyer and with the consent of the seller, the seller is entitled to a cancellation fee of 50% of the price of the goods. If the Seller has already incurred costs in connection with the contract, he is also entitled to reimbursement of these reasonable costs in full.
2.9.In the case of ordering more pieces or in larger quantities of goods by the Buyer, which are not in the appropriate number of pieces or quantity in stock, the Seller shall notify the Buyer of this fact without undue delay. The Seller reserves the right to change the price for the missing items, the price will be confirmed by the Seller together with the date of delivery.
3. Delivery terms
3.1 The Seller is obliged to deliver the goods to the Buyer in the agreed manner, properly packed and equipped with the necessary documents. Unless otherwise agreed, the documents are provided in the Czech language.
3.2 By agreement of the parties, the Seller may arrange for the Buyer to transport the goods and, if necessary, to insure the goods during the transport. The buyer is obliged to pay the price of transport and insurance according to the applicable tariff. The delivery of the goods to the Buyer shall be deemed to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.
3.3 The Seller also allows delivery of goods by personal collection at the Seller's registered office. If this method of delivery is agreed, the Seller will inform the Buyer that the goods are ready for collection, usually by telephone,
by e-mail or text message.
3.4 Prior to taking delivery of the goods, the Buyer is obliged to check the integrity of the packaging of the goods and the weight of the goods, and if during this inspection the Buyer discovers any defect in the packaging of the goods or any other irregularity that may indicate damage to the goods or their loss caused by the transport of the goods, it is necessary to refuse to take delivery of the goods, or at least to request in advance from the carrier to issue a written record of this fact. In the absence of a written record of such defect, the buyer shall forfeit any claims relating thereto.
3.5 The Buyer's failure to accept the goods shall not affect the Seller's right to demand payment of the purchase price in full. In the event of non-acceptance of the goods by the Buyer, the Seller is entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred by the Seller due to non-acceptance of the goods. In the event of non-acceptance of the goods by the buyer, the seller shall furthermore have the right to withdraw from the contract.
4. Payment terms
4.1 The Buyer has the option to pay the purchase price for the goods to the Seller by any of the following methods in addition to other methods listed on the web interface or individually agreed:
- cash on delivery or personal collection;
- cashless payment by credit card upon personal collection;
- cashless before delivery of the goods by credit card or through a payment gateway;
- in cash before delivery of the goods by transfer to the seller's bank account.
In the event that the Buyer chooses the "Advance Payment" method of payment when ordering the goods, an advance invoice (letter) will be issued to the Buyer for payment of the advance payment in the amount of the full purchase price (instructions for payment will be provided in the advance invoice), unless otherwise agreed.
The Seller shall be entitled not to allow payment for the goods after delivery of the goods. This method of payment is usually reserved for regular customers. Unless otherwise agreed, the invoice is attached to the goods together with the delivery note.
4.2 In case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment, the price is payable within five days of receipt of the order, unless otherwise agreed by the parties. In the case of non-cash payment by transfer to the Seller's bank account on the basis of a tax document (invoice) or advance invoice, the price shall be payable at the due date specified in the tax document (invoice) or advance invoice. The Buyer's obligation to pay the price of the goods is fulfilled in the case of non-cash payment at the moment of crediting the relevant amount to the Seller's account.
4.3 In the event of non-compliance with the due date according to these Terms and Conditions, the Buyer may be charged interest on the overdue amount at the rate of 0.5% of the amount due for each day of delay. The Seller's right to compensation for damages incurred by the Buyer's delay is not affected.
4.4 In the event of default by the Buyer in payment of the price of the goods, the Seller is also entitled to suspend further agreed deliveries of the goods until all outstanding debts of the Buyer have been paid.
4.5 Payment for goods is possible in Czech crowns (CZK).
4.6 By agreeing to these Terms and Conditions, the Buyer agrees to the issuance of the tax invoice in electronic form. The tax document may also be attached to the goods and delivered with the goods at the seller's option.
5. Withdrawal from the contract
5.1 The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the goods. In this case, the Seller shall refund the Purchase Price already paid by the Buyer to the Buyer, without cash, to the account communicated to him for this purpose by the Buyer or to the account from which the funds were transferred for payment of the Purchase Price (unless the Buyer does not communicate any within 5 days of withdrawal to the Seller).
5.2.The Seller is also entitled to withdraw from the contract if the Buyer is in default of payment of the purchase price of the goods for more than 4 weeks. In this case, the Seller is also entitled to a contractual penalty of 50% of the price of the goods, payable on the first day after the contractual penalty is due. The seller's right to compensation for damages incurred by the buyer's delay is not affected.
5.3 The Buyer is entitled to withdraw from the contract if the Seller is in delay with the delivery of the goods for more than 4 weeks from the agreed delivery date.
5.4 The Buyer shall not be entitled to withdraw from the contract in respect of goods which have been delivered properly, on time and without defects.
5.5 Withdrawal from the contract must be made in writing and, in the case of contracts negotiated electronically, also electronically. Withdrawal shall be effective upon delivery of the notice of withdrawal to the other party.
5.6 In the event of withdrawal from the contract, the buyer is obliged to return the goods already taken over to the seller within 10 days of the effective date of withdrawal from the contract. The seller is not obliged to refund the price of the goods to the buyer before the goods are returned to him after the withdrawal.
5.7 If a gift has been provided together with the goods, the gift contract shall cease to be effective upon withdrawal by either party.
6. Rights from defective performance
6.1 The conditions for exercising rights from defective performance and warranty liability are governed by the Complaints Procedure for entrepreneurs and legal entities of the Seller.
7. Protection of trade secrets and commercial policy of the Seller
7.1 During the negotiation of the contract and its performance, information may be disclosed to the Buyer which is marked as confidential or whose confidentiality is due to its nature. The Buyer undertakes in particular:
- kept confidential;
- not to disclose them to any other person without the seller's consent;
- not to use them for any purpose other than the performance of the contract;
- not to be used in any other detrimental way.
7.2 The Buyer further agrees not to make copies of the documents provided to him by the Seller without the Seller's consent.
8. Registration on the web interface
8.1 By registering via the registration form on the web interface, a user account is created. The buyer is obliged to keep the access data to the user account confidential. The Seller shall not be liable for any misuse of the user account by a third party.
The information provided at the time of registration must be true and complete. The Seller may cancel an account that has been created using false or incomplete information without refund. In the event of changes in the Buyer's data, the Seller recommends that the Seller immediately modifies them in the user account.
8.2 Through the user account, the buyer can primarily order goods, track orders and manage the user account. Any additional functions of the user account are always indicated on the web interface.
8.3 The Seller has the right to cancel the Buyer's user account without compensation if the Buyer's account is used to violate good manners, applicable laws or these Terms and Conditions.
9. Copyright protection, liability and use of the web interface
9.1 The content of the web pages located on the web interface (texts including terms and conditions, photographs, images, logos, software and others) is protected by the Seller's copyright or the rights of other persons. The Buyer may not modify, copy, reproduce, distribute or use the content for any purpose without the consent of the Seller or the consent of the copyright holder. In particular, free or paid access to photographs and texts placed on the web interface is prohibited.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their respective owners.
9.2 The Seller shall not be liable for errors resulting from third party interference with the web interface or its use contrary to its intended use. When using the web interface, the Buyer must not use any procedures that could interfere with the system's functionality or place an unreasonable load on the system.
If the Buyer commits any illegal or unethical act while using the web interface, the Seller is entitled to restrict, suspend or terminate the Buyer's access to the web interface without any compensation. In this case, the Buyer shall furthermore be obliged to reimburse the Seller in full for the damages proven to have been caused by the Buyer's conduct under this paragraph.
The Seller draws attention to the fact that clicking on certain links on the web interface may lead to leaving the web interface and to redirection to third-party websites.
10. Final provisions
10.1 If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).
10.2 The Parties agree on the local jurisdiction of the general court of the Seller to hear any disputes related to the legal relations established by these Terms and Conditions or the Contract.
10.3 If any provision of the Terms and Conditions is or becomes invalid or ineffective or unenforceable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or unenforceability of one provision shall not affect the validity of the other provisions. Amendments to the contract or the terms and conditions shall be in writing.
These terms and conditions are valid and effective from 1.1.2022
Consumer Complaints Procedure
This Complaints Procedure (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions for claiming defects in goods purchased by the consumer through the MAGSY online store from our company:
MAGSY, s.r.o., with registered office at Holešovská 457, 763 16 Fryšták
ID: 26230224
DIC: CZ26230224
registered: in the Commercial Register maintained by the Regional Court in Brno, sec. C 38124
Address for delivery: Holešovská 457, 763 16 Fryšták
Phone number: +420 577 220 497, Mon-Fri 7:00-15:30
Fax: +420 577 019 097
Contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz
1. What defects are we responsible for?
1.1 As the Seller, we are responsible for ensuring that the goods have been delivered to you as ordered and that the goods are free from defects on receipt. This means that the goods on receipt are in particular:
- conforms to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics;
- is suitable for the purpose for which you require it and to which we have agreed;
- is supplied with the agreed accessories and instructions for use, including assembly or installation instructions.
We are not responsible for defects that occur after the goods have been received.
1.2. We further agree that the goods, in addition to the agreed characteristics:
- is appropriate to the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or industry codes of practice, if there are no technical standards;
- the quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of items of the same kind that you can reasonably expect, including with regard to our public statements, in particular advertising or labelling;
- is supplied with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;
- corresponds in quality or workmanship to the sample or sample we provided to you before the contract was concluded.
1.3 Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods. If the goods do not correspond to your idea, you have the right to withdraw from the contract within 30 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.
2. At what time can you reproach the defect?
2.1 In the case of unused consumer goods, the buyer may complain about a defect that appears in the goods within two years of receipt of the goods, unless a longer warranty period is specified on the web interface, in the documents accompanying the goods or in the advertisement.
For used goods, the buyer may complain about a defect that becomes apparent within one year of receipt of the goods.
2.2 In the event that the goods are replaced or repaired, the new goods or the replaced parts and spare parts shall not be subject to a new warranty period. However, the warranty period shall be extended in such a case by the period during which you have been unable to use the goods due to the defect, i.e. in particular the period during which the goods are under repair.
3. What rights do you have from defective performance?
3.1 Your rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117a and also Sections 2165 to 2174b. The provisions of Sections 2106 and 2107 on rights of defective performance do not apply.
3.2 In accordance with the above provisions, you are entitled in particular to the following rights:
a) Filling in what is missing
If we deliver less than the agreed quantity or if we deliver incomplete goods, you have the right to have what is missing made up.
b) Discount on the purchase price
If there was a defect in the goods when you received them, you may claim a reasonable discount on the purchase price if:
- we have refused to remedy the defects or have not remedied them within a reasonable time or without significant inconvenience to the purchaser;
- we are unable to rectify the defect that prevents you from using the goods properly, or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
- you cannot use the goods properly because of the recurrence of the defect after repair (the occurrence of the same defect after at least two previous repairs);
- the defect is a material breach of contract;
- the goods are subject to multiple defects (simultaneous occurrence of at least three avoidable defects, each of which prevents the goods from being used properly); or
- it is apparent from our statement or the circumstances that the defect will not be rectified within a reasonable time (at the latest within 30 days of the claim) or without significant inconvenience to the purchaser.
The reasonable discount is determined as the difference between the value of the item without defect and the defective item received by the buyer.
c) Exchange of goods
You may always request the replacement of the goods due to the existence of a defect upon receipt of the goods, unless the chosen method of removing the defect is impossible or unreasonably costly compared to repairing the goods; this shall be assessed in particular with regard to the significance of the defect, the value that the goods would have had without the defect and whether the defect can be removed by repair without significant difficulties for the buyer.
d) Repair of the item
If the goods can be repaired, you are entitled to have the defect rectified free of charge. If during the claim procedure it becomes apparent that we are unable to repair the goods, we will inform you immediately and you may choose another method of handling the claim as set out here.
e) Refund (withdrawal)
You can only claim a refund if:
- if we have refused to remedy the defect or have not remedied it within a reasonable time or without significant inconvenience to the buyer;
- we are unable to rectify the defect that prevents you from using the goods properly, or we are unable to replace the goods with the defect (e.g. the goods are no longer manufactured); or
- you cannot use the goods properly because of the recurrence of the defect after repair (the recurrence of the same defect after at least two previous repairs); or
- the defect is a material breach of contract;
- the goods are subject to multiple defects (simultaneous occurrence of at least three removable defects, each of which prevents the proper use of the goods);
- it is apparent from our statement or the circumstances that the defect will not be remedied within a reasonable time (not later than 30 days from the date of the claim) or without significant inconvenience to the purchaser; or
- the defect was caused by incorrect assembly or installation which was carried out by us or under our responsibility under the contract; or if the defect was caused by a defect in the instructions we provided you with the goods.
You do not have the right to withdraw from the contract if the defect is insignificant.
3.3 As a condition for the exchange of goods or refund (withdrawal from the contract), you must return the item in the condition in which you received it. The exception is if:
(a) there has been a change in the condition as a result of an inspection for the purpose of detecting a defect;
(b) you used the item before the defect was discovered;
(c) you have not caused the impossibility of returning the item in its unaltered condition by your act or omission; or
(d) you sold the item before the defect was discovered, used it up or altered it in the course of normal use; if this happened only in part, you shall return to us what you can still return and compensate us to the extent that you benefited from the use of the item.
4. When can the rights arising from defective performance not be exercised?
4.1 You are not entitled to rights under defective performance if:
- you knew about the defect before you took delivery;
- you caused the defect; or
- the warranty period has expired.
4.2 Warranty and liability claims do not apply to:
- wear and tear caused by normal use of the goods (wear and tear caused by use includes a reduction in the capacity of batteries and accumulators);
- defects in the used item corresponding to the level of use or wear and tear the goods had at the time you took them over;
- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- goods, if this is apparent from their nature (in particular goods which by their nature cannot last for the entire duration of the warranty period).
5. How to proceed with a complaint?
5.1 You must file a claim with us without undue delay after the defect has been discovered.
5.2 We accept complaints at our registered office.
5.3 Recommended complaint procedure:
- for faster processing, you can inform us about the complaint in advance by phone, e-mail or in writing;
- at the same time, it is advisable to inform us of what right you have chosen from the defective performance, i.e. whether you are interested in the completion of what is missing, a discount on the purchase price, replacement of the goods or their defective parts, repair of the item, refund of money, or other rights in accordance with these Complaints Regulations and the Civil Code;
- deliver the claimed goods to us together with the claim or subsequently (otherwise than by cash on delivery, which we do not accept) to the address of the registered office or business premises (or to the address of the person designated for repair), and when sending the goods we recommend wrapping them in suitable packaging so that they are not damaged or destroyed;
- to facilitate the procedure, it is advisable to attach a proof of purchase or a tax document - invoice, if issued, or other document proving the purchase of the goods, together with a description of the defect and a proposal on how to resolve the complaint.
Failure to comply with any of the above steps or failure to submit any of the above documents shall not preclude the positive settlement of the claim under the statutory conditions.
5.4 The moment of filing a claim is the moment when we are notified of the defect.
5.5 When you make a claim, we will issue you with a written confirmation that includes the date of the claim, what is the content of the claim, what method of handling the claim you require and your contact details for the purpose of providing information about the handling of the claim.
5.6 Complaints, including the removal of defects, are handled within 30 days of the date of the complaint, unless a longer period is agreed with you in a particular case. We will inform you within this period of time regarding the settlement of the claim, including the manner in which it will be settled.
5.7 If you choose a right that cannot be granted for objective reasons (in particular in the case of irremediable defects or in the case of replacement of goods that is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with this Complaints Procedure.
5.8 After the claim has been settled, we will issue you with a confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or a written justification for the rejection of the claim.
5.9 In accordance with the Civil Code, you have the right to reimbursement of reasonable costs incurred in claiming the goods. Please note that you must exercise your right to reimbursement of these costs within one month after the expiry of the period within which the defect must be claimed.
This Complaints Procedure is valid and effective from 1.1.2022
Complaints procedure for entrepreneurs and legal entities
This Complaints Procedure for entrepreneurs and legal entities (hereinafter referred to as the "Complaints Procedure") regulates the method and conditions for claiming defects in goods purchased by an entrepreneur or legal entity through the MAGSY online store from the company
MAGSY, s.r.o., with registered office at Holešovská 457, 763 16 Fryšták
ID: 26230224
DIC: CZ26230224
registered: in the Commercial Register maintained by the Regional Court in Brno, file no. C 38124
Address for delivery: Holešovská 457, 763 16 Fryšták
Phone number: +420 577 220 497, Mon-Fri 7:00-15:30
Fax: +420 577 019 097
Contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz
1. Seller's liability for defects
1.1 The Seller is responsible for the fact that the goods are free from defects upon receipt. This means that the goods on receipt in particular:
- is in an agreed quantity;
- corresponds to the quality and workmanship agreed between the buyer and the seller, or according to the agreed sample or model, or according to the purpose evident from the contract; otherwise for the purpose as usual;
- a defect in the goods is also considered to be a situation where the seller delivers to the buyer goods other than those agreed between them;
- the goods are free from legal defects, i.e. the goods are free from third party property rights and the goods are equipped with documents and papers necessary for the proper use of the goods.
The Seller does not provide any guarantee for quality and the provisions of § 2113 of the Civil Code do not apply unless otherwise individually agreed.
1.2 Differences in colour shades in reality and on electronic display devices cannot be considered as a defect of the goods.
2. Buyer's rights from defective performance
2.1 The Buyer's rights arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.
2.2 If the defect in the goods is a material breach of contract, the buyer is entitled to the following rights under the defective performance:
a) remedy the defect by supplying a new item without defect or by supplying the missing item;
(b) the removal of the defect by repairing the item;
(c) a reasonable discount on the purchase price; or
d) withdrawal from the contract.
2.3 If the defect in the goods is an insignificant breach of contract, the buyer may demand:
(a) the removal of the defect; or
(b) a reasonable discount on the purchase price.
2.4 The Buyer is obliged to inform the Seller of the chosen method of resolving the claim when notifying the defect, otherwise the Seller will decide on it. The choice made can only be changed after agreement with the Seller.
The buyer can only claim a reasonable discount from the purchase price if the defect cannot be eliminated by repairing the item, or by supplying a new item without defect or by supplying a missing item.
If the buyer considers the defect to be a material breach of contract, he is obliged to prove this to the seller.
The Buyer acknowledges that until he/she exercises his/her right to a discount on the purchase price or withdraws from the contract, the Seller is entitled to deliver the missing goods or to remedy the legal defect (in particular to deliver the missing documents).
2.5 Replacement of the goods or withdrawal from the contract cannot be requested if the buyer cannot return the goods in the condition in which he received them. This does not apply if:
(a) there has been a change in the condition as a result of an inspection for the purpose of detecting a defect;
b) the buyer used the item before the defect was discovered;
c) the buyer has not caused the impossibility of returning the item in its unaltered condition by an act or omission; or
(d) the buyer sold the thing before the defect was discovered, or altered the thing in normal use; if this happened only in part, the buyer shall return to the seller what he can still return and shall compensate him to the extent that he benefited from the use of the thing.
3. Impossibility of exercising rights arising from defective performance
3.1 The rights from defective performance are not due to the buyer if he knew about the defect before taking over the goods or caused the defect himself.
3.2 Liability claims do not apply to:
- wear and tear caused by normal use of the goods;
- defects in the used item corresponding to the level of use or wear and tear that the goods had at the time when the buyer took it over;
- items sold at a lower price - only in relation to the defect for which the lower price was agreed; or
- if the nature of the case so requires.
4. Complaint procedure
4.1 The Buyer is obliged to file a claim with the Seller without undue delay from the discovery of the defect. The contact address of the Seller is designated for the receipt of the claimed goods.
4.2 Binding complaint procedure:
- for faster processing, the buyer can inform the seller about the complaint in advance by phone, e-mail or in writing;
- the buyer is obliged to inform the seller about the right he has chosen from the defective performance, describe the defect and/or describe how it manifests itself;
- the Buyer shall deliver the claimed goods to the Seller (otherwise than by cash on delivery, which is not accepted by the Seller), and when sending the goods, the Buyer is obliged to wrap them in suitable packaging so that they are not damaged or destroyed;
- the buyer attaches a proof of purchase of the goods or a tax document - invoice, if issued, or other document proving the purchase of the goods.
4.3 The moment of claiming is the moment when the Seller received the claimed goods.
4.4 In accordance with the Civil Code, the Buyer is entitled to reimbursement of the costs reasonably incurred in claiming the goods. The Buyer acknowledges that the right to reimbursement of these costs must be exercised within one month after the expiry of the period within which the defect must be claimed.
This Complaints Procedure is valid and effective from 1.1.2022