General terms and conditions regulate the relationship between the Seller and the Buyer on selling the astronomic observatories and accessories to the astronomic observatories (hereinafter referred to as the Goods) designed for astronomic objects and sky observation. The Buyer, as for this agreement, is understood to be a final user – a citizen.
Address: 122 Hriskov 43904 Czech republic
Registration number: 75199963
Tel.: +420 602796960
2. Information protection
The Seller declares all personal data acquired from the business contact are confidential, they shall be used only to carry out the execution of the contract with the Buyer and shall not be opened otherwise to the public or provided to the third person except for the situation related to the delivery of the performance subject and the payment system concerning the ordered Goods (information on the name and delivery address and telephone contact if need be).
3. Goods, price
3.1 The Seller declares to be a producer and the Goods not being in store shall be produced after being ordered.
3.2 The Seller declares not to be a VAT payer. Prices stated on the Seller’s website are valid at the order confirmation or priority order date. The prices stated for a specific procedure of using so called pre-order are approximate ones and they can differ from the order final price.
3.3 As for the Goods ordered through the so called priority order intended for preferential placement into production and the Goods for which the Buyer requires specific modification, the non-refundable deposit amounting to 40% of the total Goods price is required.
4. Transport and customs duty price
The Goods are sent through mail order service and insured for full value of the Goods price.
4.1 Transportation cost of the Goods delivered to the Buyer with the place of delivery within the EU is free. The transportation cost is added to the price of the Goods delivered to the Buyer with the place of delivery outside the EU. The transportation of the Goods sent outside the EU is chosen, by mutual agreement between the Buyer and the Seller, with regard to the price, warranty and insurance of the sent Goods.
4.2 The prices of Goods are valid for the EU countries. The price of the Goods sold outside the European Union countries is increased by a part of the transportation cost price of the shipping company exceeding average transportation cost with the place of delivery in the European Union. The import duty is paid by the Buyer.
5. Product description
Information of products mentioned on the Seller’s website for example colour, weight, dimensions is approximate only. Photo documentation and the Goods descriptive properties stated on the Seller’s website are approximate as well. The Seller exclusively reserves the right to minor and reasonable modifications. Minor and reasonable modifications are considered to be those improving the Goods capabilities or technical properties compared to published information.
6. Moment of the purchase contract conclusion
The purchase contract for the offered Goods within the Seller’s website comes into being at the moment when the Seller confirms the Buyer’s order or priority order and fixes the Goods delivery date. The automated e-mail or SMS summarizing the Buyer’s order is not considered to be the confirmation. In case the Seller cannot deliver the ordered Goods within the prearranged period, he shall inform the Buyer by proposing a later delivery date of the Goods. In this case the purchase contract comes into existence on the base of this proposal acceptance from the Buyer’s side. Sending the priority order and order is considered to be a proposal to conclude a contract addressed to the Seller.
7. Ordering the Goods
The contractual relation between the Buyer and the Seller does not arise by the Seller’s pre-order acceptance. Using the pre-order the Buyer reserves the Goods which will be made by the Seller in the expected time. By confirming an order the Seller informs the Buyer of the expected date of the Goods dispatch. After making the Goods the Seller informs the Buyer of the Goods price asking whether his interests still remains in existence. The Buyer’s positive statement is considered to be the contractual relation conclusion between the Buyer and the Seller. The Goods are dispatched immediately after the payment receipt. No other specific modifications can be agreed on between the Buyer and the Seller as for the Goods settled by the way of the pre-order.
7.2 Priority order
The priority order is understood to be the way of ordering the Goods not being available at the Seller’s at the moment of ordering, this way they are determined for the priority placement into production. Other specific modifications can be agreed on between the Buyer and the Seller as for the Goods ordered by the priority order. The priority order is binding for both the parties at the moment of its confirmation by the Seller. The confirmation is understood to be not the automatic response of the Seller’s Internet system as for the priority order acceptance but the confirmation of the order processing sent to the Buyer by e-mail. The Buyer not being a citizen of the European Union countries shall also be given by the Seller, before the priority order confirmation, the information about the transport price increasing the total price. The priority order shall be confirmed to the Buyer, if possible, in the same way as it was made.
The order is understood to be the way of ordering the Goods being available for free sale at the Seller’s at the moment of ordering. The contractual relationship between the Seller and the Buyer comes into existence at the moment of the Seller’s order confirmation. No other specific modifications can be agreed on between the Buyer and the Seller as for the Goods settled by the way of the order. The confirmation is understood to be not the automatic response of the Seller’s Internet system as for the order acceptance but the confirmation of the order processing sent to the Buyer by e-mail. If the ordered Goods are not available at the Seller’s, he shall inform the Buyer of this fact suggesting him to use the way of ordering through the pre-order or priority order.
7.4 Cancellation of pre-order, priority order and order
The Buyer and also the Seller can cancel the priority order or order without giving any reason until the moment of the order confirmation receipt. The cancellation of the priority order or the order after its confirmation (after the purchase contract conclusion) is possible by prior agreement of the Buyer and the Seller only, namely under the conditions agreed on mutually by them. The Seller can cancel the priority order and order in case the ordered performance becomes impossible due to:
- because there will be facts caused by the third party, on the basis of which the ordered Goods cannot be made at an agreed time,
- the Buyer did not pay the non-refundable deposit required in case of the priority order at an agreed time or
- the price has changed substantially and there shall be no agreement as for the purchase price change.
When the priority order is cancelled the Buyer is entitled to get a proportional part of the paid non-refundable deposit reduced by wasted costs expended by the Seller in the direct connection with the contract subject. The wasted costs in this case are understood to be mainly the destroyed material price and labour content price.
In order to cancel the pre-order it is necessary for the Buyer to express himself to the Seller unequivocally, preferably via e-mail correspondence to the address firstname.lastname@example.org. After this statement the Buyers´ pre-emptive right to the Goods acquisition expires.
7.5 Payment method
The Seller accepts payments for the Goods and payments of non-refundable deposits in the form of bank transfer. When paying by bank transfer the Seller informs the Buyer by e-mail with a call for payment in the form of (pro forma) prepayment invoice, containing an amount, payment terms and variable symbol through which the Buyer is identified. The Buyer shall transfer the amount to the Seller’s account mentioned in the prepayment invoice. This account is with XXX bank. After the Seller receives the payment, he shall inform the Buyer of the payment receipt immediately.
The tax document and instruction manual form a part of the delivery. The tax document serves as a warranty card. The instruction manual is not delivered together with the Goods individual parts and spare parts.
7.7. Reception of the Goods
The Buyer is obliged to check the consignment packet state immediately when taking it over in the carrier’s presence. If mechanical damage to the consignment packet is found out, the Buyer is obliged, in the carrier’s presence, to check the Goods condition and, in case of their damage, to write out a record of the consignment damage and have this fact confirmed by the carrier. It is right to complete the Goods damage record with photographic documentation. On the basis of the record written out the Buyer shall be provided a reasonable discount or delivered new Goods. In this case the Buyer has also right to withdraw from the contract.
By accepting the consignment – Goods, the Buyer agrees with the Goods reception and confirms they have arrived undamaged mechanically and complete. Later complaints caused owing to the transport cannot be taken into consideration and shall be rejected.
The Buyer must make the notification of the discovered defects to the Seller in writing (by e-mail) within the period of 3 days from the Goods receipt. In his written notification the Buyer must mentioned the discovered defects, i.e. he must state the defects in question or else how they show. The record of the consignment damage confirmed by the carrier must form the notification part.
8. Goods return
The Buyer has the right to withdraw from the contract within 14 days from the date of the provable receipt of the Goods. The returned Goods must be complete, undamaged and fully functional and packed in an original package. Failing that the Seller can request the reimbursement of actual costs, expended for putting the product in its original state. The Buyer is obliged to notify the Seller of the Goods return in advance stating the order number (variable number) under which the Goods were bought and paid. The Goods can be sent by insured postal item. Corresponding financial means shall be returned only by the credit transfer to the Buyer’s account without undue delay within 7 days after receiving the returned Goods. The Goods return in the form of cash on delivery is inadmissible and the consignment shall not be accepted. Further the option of withdrawal from the contract does not apply to:
- providing services to the Buyer if their performance started, by his approval, before the expiry of the period of 14 days from the performance receipt,
- delivery of Goods or services whose price depends on the financial market deviations beyond the Seller’s control,
- delivery of Goods modified upon the Buyer’s request (Goods specific modifications),
- Goods bought for the purpose of resale.
IIn cases where there is no legitimate claim for return, it is possible to return the Goods by prior arrangement (the Goods must be complete, undamaged and fully functional). The cancellation fee amounting to 10 % from the Goods sale price can be charged the Buyer in such a situation. In case the Buyer asks for replacement by other Goods, the cancellation fee can be reduced to 5% from the sale price.
9. Goods ownership
The Goods are the Seller’s exclusive property until the full payment of the Goods.
10. Damage liability
The Seller does not bear the responsibility for damages and injury to health incurred to the Buyer or the third person due to clumsiness or carelessness when using the Goods, their use contrary to the purpose, their use contrary to the instruction manual, because of their gross use and their use with violence. Their use is understood to be not only their operation but especially their assembly, installation, disassembly and the Goods transport.
11. Choice of law and jurisdiction
The Contracting parties´ rights and obligations resulting from the concluded contractual relation are governed by the Czech Republic legal system. Potential disputes of the contracting parties shall be settled amicably as a matter of priority. These terms and conditions do not apply to the cases when the Buyer is a legal or natural person acting, when ordering the Goods, within his business activities or within his independent practice of profession. On a discretionary basis the Seller reserves the right to sue at the customer’s seat.
12. Salvatorian clause
If any provision of these terms and conditions is ineffective, other provisions remain effective.