Terms of Service
Yakmere s.r.o ID:082 76 650 Prikop 843/4 Zabrdovice, Brno 60200, Batbold@yakmere.com +420 703 484 795
1. GENERAL PROVISIONS
These terms and conditions apply to purchase at the online store www.yakmere.com Business conditions are regulated in accordance with Section 1751 (1) of Act No. 89/2012 Coll. the Civil Rights, the mutual rights and obligations of the parties arising out of or in connection with the purchase contract concluded between the seller and another physical person via the internet store of the seller www.yakmere.com.
Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
The business relationship between the seller and the buyer who is not the final consumer is settled according to the individually negotiated terms. This means that the seller is entitled to unilaterally refuse to sign the purchase agreement. He / she shall inform Buyer in writing of this fact at his / her email address stated in the order.
If you purchase an EU person with a valid VAT, you need to provide VAT registration.
2. CLOSING OF THE BUILDING AGREEMENT
All presentations of the goods placed on the web interface of the store www.yakmere.com are informative and the seller is not obliged to conclude a purchase contract related to these goods.
Purchaser’s order made through the internet shop www.yakmere.com or via telephone is a binding proposal of the buyer for the conclusion of a sales contract with the seller. The seller will immediately acknowledge receipt of the order via email to the email address stated by the buyer in the order, which confirmation is not the acceptance of the seller of the proposal for the conclusion of the purchase contract.
The buyer has the right to cancel the order, ie to withdraw his proposal for the conclusion of the purchase contract without any penalty until the moment the goods are dispatched. Cancellation of the order is the buyer obliged to notify the seller via email or telephone.
The purchase contract is concluded by accepting an offer for the conclusion of a purchase contract by the seller, accepting it is the dispatch of the seller’s goods to the buyer or the explicit acceptance of the seller by email.
Prices of goods and services (such as postage) listed on the web interface are in USD, including the applicable VAT rate according to valid legislation.
The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone calls) are borne by the buyer himself.
The purchase contract is concluded in the english language and is archived for the purpose of its proper performance and is not accessible to third parties.
3. PAYMENT CONDITIONS
The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract; non-cash via the GP webpay payment system
The seller sends a sales receipt to the buyer, which serves as a tax document.
The bill issued by the seller under the Sales Records Act will be sent to the customer at the email address given at the time of registration.
Unless otherwise stated, all notifications addressed to the customer by the online store www.yakmere.com may be made in the form of an electronic message addressed to the customer’s email address.
The e-shop www.yakmere.com is also entitled to send advance invoices and tax documents to the customer electronically or by post.
4. TRANSPORTATION AND SUPPLY OF GOODS
The cost of postage and packaging is borne by the buyer according to the way he chooses when ordering the goods. These costs are governed by the prices listed on www.yakmere.com.
If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. Upon receipt of the goods from the transporter, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
If, for reasons of buyer’s need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
5. WITHDRAWAL FROM THE TREATY
In accordance with Section 1829 (1) of the Civil Code, the buyer has the right to withdraw from the sales contract without giving any reason within 14 (fourteen) days of receipt of the goods. Withdrawal from the sales contract must be sent to the seller within this period by email or in writing to the seller’s address and the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions.
In the case of withdrawal from the contract, the purchase agreement is abolished from the outset. Goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the Purchaser. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods (eg shipping), even if the goods can not be returned by their normal postal route.
In the event of a rescission, the seller returns the funds received from the buyer within 14 (fourteen) days of withdrawal from the purchase agreement in the same way as he has received from the buyer unless he explicitly agrees with the buyer in any other way that the buyer does not additional costs. The seller is not obliged to return the received funds to buyers before the buyer returns the goods or shows that they have sent the goods to the seller.
In accordance with Section 1832 of the Civil Code, the buyer is entitled to a refund of the funds associated with the carriage of goods (postage) upon its purchase (not refund). This claim, however, is only the price of the cheapest variant offered by the seller (even if the buyer chose a more expensive way of transport when ordering), and personal collection can not be considered as such a delivery method.
The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the sales contract
1. for supplies of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery;
2. the supply of goods in closed packaging which the consumer has removed from the packaging and can not be returned for hygienic reasons;
The Buyer acknowledges that if the returned goods are damaged, worn or partially consumed, the seller is entitled to compensation for the damage incurred on the goods and is entitled to offset this claim unilaterally against the Buyer’s claim for a refund of the purchase price.
If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement expires and the buyer is obliged to return the gift provided with the goods to the seller.
Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In this case, the buyer will inform the buyer by e-mail to the address stated in the order and will return the buyer the purchase price without undue delay.
6. RIGHTS OF FAULT FULFILLMENT
The seller is liable to the buyer for the fact that the goods have no defects when taken over and that at the time the buyer took over the goods:
1. the goods have properties that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make;
2. the goods fit the purpose for which the seller indicates or to whom the goods of this type are usually used
3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design was determined according to the agreed sample or original
4. the goods are in the appropriate quantity, degree or quality;
5. goods comply with legal requirements.
Provisions in Article 6.1. of these Business Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed. In the case of used goods, the amount of wear or tear the goods have had at the time of takeover by the buyer, or if it results from the nature of the goods.
The moment of claiming a defective performance is the moment when the seller received defective goods from the buyer.
Out-of-court complaint handling of consumers is provided by the seller via the electronic address email@example.com. Buyer information will be sent to the buyer’s electronic address.
7. PROTECTION OF PERSONAL DATA
The Seller undertakes that all personal data provided by the Buyer is handled in accordance with the Personal Data Protection Act No. 101/2000 Coll. Personal data is for the sole purpose of the Seller and is not provided to third parties except for transporters to whom only the data strictly necessary for the transport of goods to the Purchaser is transferred.
The buyer has the right to ask the seller in writing to change or delete his or her personal data at any time from the seller’s database.
Personal data will be processed indefinitely.