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1.1. These business terms and conditions (hereinafter “Business terms“ only) of ORLING s.r.o., registered address Ústí nad Orlicí, Na Bělisku 1352, postal code 562 01, identification number: 455 35 868, registered in the Commercial Registry maintained by the Regional court in Hradec Králové, section C, inset 1573 (hereinafter the “Seller“ only) define in line with Section 1751 (1) of the Act No. 89/2012 Coll., of the Civil Code (hereinafter the “Civil Code“ only) mutual rights and obligations of contracting parties existing based on, or in relation to a purchase contract (hereinafter the “ Purchase contract“ only) concluded between the Seller and a natural person (hereinafter “the Buyer“) through the on-line shop of the Seller. The on-line shop is operated by the Seller through a website located at https://www.orling.cz/ (hereinafter the “website“ only), through the applicable web interface (hereinafter the “on-line shop web interface“).
1.2. These Business terms shall not apply in cases when the person who intends to purchase goods from the Seller is a legal entity or a person who is purchasing or ordering goods for its own business activities or under the scope of an individual employment.
1.3. The above exception from the Business terms may be specified in the Purchase contract. These specific exceptions defined in the Purchase contract shall take precedence over the provisions of these Business terms.
1.4. Provisions defined in the Business terms are attached as an inseparable part to the Purchase contract. The Purchase contract and these Business terms have been produced in Czech language. The Purchase contract may be concluded in Czech language.
1.5. The Seller may change or supplement the wording of the Business terms. This requirement above is without prejudice to the obligations and rights existing prior to the application of the given change or addition.
2.1. Based on registration of the Buyer completed through the website the Buyer may access his own web interface. Using his own web interface the Buyer may order goods (hereinafter the “user account“ only). If the web interface of the on-line shop allows it, the Buyer may also order goods directly from the on-line shop interface and without any registration.
2.2. When performing the on-line registration and when ordering goods the Buyer must provide correct and true information. Should there be any changes in the Buyer’s user account the Buyer must update the relevant information affected by the change. The information provided by the Buyer under the user account and when ordering goods will be considered correct by the Seller.
2.3. Access to the user account is protected by username and password. The Buyer must maintain the access information used to access the user account confidential.
2.4. The Buyer is not authorised to allow other persons to access his user account.
2.5. The Buyer may terminate his user account in particular if the Buyer has not been using the user account for more than 6 months or if the Seller violates his obligations defined in the Purchase contract or in the Business terms.
2.6. The Buyer is aware of the fact that the user account may not be continuously accessible, in particular due to necessary hardware and software maintenance of the Seller, or possibly due to hardware and software maintenance belonging to third parties.
3.1. Presentations of all goods displayed on the on-line web interface are for informative purposes only and the Seller is not obligated to conclude purchase contract for this particular goods. Provisions of the Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface contains information about goods including prices for individual goods. Prices for goods include value added tax and all other related fees. Prices for the given goods remain valid while the goods are displayed on the on-line shop website. The provision above shall not impact the option of the Seller to conclude a Purchase contract under individually agreed conditions.
3.3. The web interface also contains information regarding to packing and shipping cost. Information regarding the packing/handling and shipping cost available through the web interface apply only if the goods are delivered in the territory of the Czech Republic.
3.4. When ordering the given goods the Buyer shall fill out the order form available through the web interface. The order form contains information about:
the ordered goods (the Buyer places the ordered goods into the electronic shopping cart available at the on-line shop), selects the payment method for the purchase price and the preferred delivery method for the ordered goods, and additional information related to the delivery / shipping cost (hereinafter jointly referred to as the “order“ only).
3.5. Before the order is sent to the Seller the Buyer is asked to check or modify the information entered in the order, including the option to check or correct errors that may have occurred while entering information for the given order. The Buyer sends the order to the Seller by clicking on the “Send” button. Information specified in the order will be regarded by the Seller as correct.
3.6. The act of order sending shall be regarded as an action performed by the Buyer which clearly and unambiguously identifies the ordered goods, the purchase price, the Buyer and the purchase price payment method which shall serve as a draft purchase contract binding for both parties. A necessary condition is to fill out all mandatory information on the order form, knowledge of these Business terms available at the website and a confirmation that the Buyer has acquainted himself with these Business terms.
3.7. Immediately upon the receipt of the order the Seller shall electronically confirm the receipt of the order by sending a confirmation message to the email address specified under the user interface or in the given order (hereinafter the “Buyer’s email address” only).
3.8. Based on the characteristics of the given order (order quantity, purchase price amount, estimated shipping cost), the Seller is always entitled to request the Buyer for an additional order confirmation (for example a written confirmation or over-the-phone confirmation).
3.9. The draft purchase contract in the form of the order shall remain valid for fifteen days.
3.10. The contractual relation between the Seller and the Buyer shall be regarded as established when the order is delivered (accepted) by the Seller and when the acceptance confirmation is delivered to the Buyer’s email address.
3.11. Should the Seller not be able to comply with certain requirements on the order, the Seller shall email to the Buyer a modified order specifying possible options and shall ask for the Buyer’s acceptance or opinion.
3.12. The modified order shall be regarded as a new draft Purchase contract. Such Purchase contract will be regarded as concluded when the Buyer accepts the modified order through electronic email.
3.13. The Buyer agrees with the use of remote communication means when concluding purchase contracts. The Buyer shall bear the cost for the use of remote communication means related to the conclusion of the Purchase contract (Internet connection cost, telephone communication cost). This cost is based on the basic tariff.
4.1. The Buyer may pay for the goods and for any additional costs related to the goods delivery in line with the Purchase contract using the following payment methods:
a) cash paid upon the delivery of the goods to the location specified in the order;
b) bank transfer - by crediting the amount to the account number of the Seller No. 1320162329/0800 maintained at Česká spořitelna, a.s. (hereinafter the “Seller’s account” only);
4.2. Together with the purchase price the Buyer must also pay the agreed an additional cost related to the packing, handling and shipping of the goods. Unless specified otherwise further down in this document, a Purchase price is the amount including all additional costs related to the goods delivery.
4.3. The Seller does not require the Buyer to provide any deposit or advance payment. This provision shall not impact the requirement defined under article 4.6 of the Business terms defining the obligation of the Buyer to pay for the goods purchase price in advance.
4.4. In case of cash on delivery payment method, or when the purchase price is paid upon the delivery, the goods purchase price is due when the goods are delivered to the Buyer. In case of a bank transfer the purchase price is payable within 7 days following the conclusion of the Purchase contract.
4.5. When making a bank transfer as a payment for the purchase price, the Buyer shall specify the variable code for the payment. A bank transfer issued to cover the purchase price shall be regarded as completed when the due amount is credited to the account number of the Seller.
4.6. The Seller is entitled to request the Buyer to pay for the purchase price before the goods are shipped out to the Buyer, particularly if the Buyer failed to confirm the order as specified in article 3.8. Provisions of the Section 2119 (1) of the Civil Code shall not apply.
4.7. Any possible discounts provided by the Seller to the Buyer cannot be combined together.
4.8. If required, or if it is a common business practice, or if required by the applicable legislature, the Seller shall issue invoices for payments executed based on the relevant Purchase contract. The Seller is a value added tax payer.
5.1. The Buyer is aware that in addition to provisions specified in Section 1837 of the Civil Code, the Buyer cannot withdraw from the contract due to:
- goods delivery agreement specifying prices which depend on market fluctuations and independently of the will of the Seller and which may occur during the withdrawal note,
- alcohol beverage delivery contract which may be delivered after 30 days and whose prices depend on market fluctuations independent of the will of the Seller,
- goods delivery defining delivery conditions modified upon request of the Buyer or upon the request of another person,
- deliveries of perishable goods which are subject to deterioration as well as goods which were mixed with other goods immediately upon the delivery,
- goods supplied in sealed packaging and which the Buyer has removed from the packaging and providing that these goods cannot be returned due to hygienic reasons,
- delivery of audio video recordings or computer software if the original packaging is broken,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content if such content was not delivered on a hard storage unit and was delivered based on a prior consent of the Buyer before the contract withdrawal period expired, and providing that before the contract was the concluded the Seller had notified the Buyer that in this particular scenario the Buyer is not entitled to withdraw from the contract.
5.2. If this does not concern the case defined under article No. 5.1 or any other case where the withdrawal from the contract is not permitted, the Buyer in line with Section 1829 (1) of the Civil Code, has the right to withdraw from the Purchase contract within fourteen (14) days following the receipt of the goods, whereas if the contract describes several types of goods or delivery of several parts, this withdrawal period shall commence on the date when the last delivery is completed. The contract withdrawal note must be send to the Seller within the time specified in the previous sentence.
5.3. To withdraw from the contract the Buyer may use the Sample form provided by the Seller attached to these Business terms. The Buyer may send the contract withdrawal note to the given branch or to the headquarters / address of the Seller. Provisions specified under article 11 of these Business terms define contract withdrawal regulations. The Seller shall confirm to the Buyer the acceptance of the note in written form immediately after the note is received
5.4. Should a withdrawal from the Purchase contract be submitted in line with Article 5.2, the Purchase contract shall be terminated from the beginning. The goods shall be returned back to the Seller within 14 (fourteen) days following the withdrawal. If the Buyer withdraws from the purchase contract, the Buyer shall cover the costs associated with the return of the goods back to the Seller, even if the goods (due to the nature of the goods) cannot be returned via regular postal service.
5.5. In the event of withdrawal under Article 5.2 of these Business terms the Seller shall return the funds received from the Buyer within 14 (fourteen) days following the withdrawal of the Buyer from the Purchase contract, and the Seller shall return the funds in the same manner as the Seller received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer upon returning the goods, or the Seller may do so otherwise, provided that the Buyer agrees and that no additional costs will be acquired by the Buyer. Should the Buyer withdraw from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or demonstrates that the goods have already been sent to the Seller.
5.6. The Seller is entitled to exercise the right to set off compensation for damages occurred on the goods against the right of the Buyer to receive back the paid purchase price.
5.7. Until the goods are received by the Buyer the Seller is entitled to withdraw from the Purchase contract at any time. In such scenario, the Seller shall return the purchase price to the Buyer without undue delay by crediting the amount to a bank account specified by the Buyer.
5.8. If a gift is provided to the Buyer together with the purchased goods, the gift agreement between the Seller and the Buyer shall contain a condition defining that if the Buyer withdraws from the Purchase contract the gift agreement will be terminated and the Buyer is obliged to return the gift together with the returned goods.
6.1. If the mode of transport or shipment is agreed based on the Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, based on the purchase contract, the Seller is obliged to deliver the goods to a destination specified by the Buyer in the order, the Buyer is obliged to take over the goods at the time of the delivery.
6.3. If, for reasons defined by the Buyer it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the Buyer is obliged to pay for the costs associated with the repeated deliveries, or rather for the costs associated with the different delivery method.
6.4. Upon receipt of the goods from the Shipper, the Buyer is obliged to check the integrity of the packaging and in the event of any defects, the Buyer shall notify the Shipper immediately. Should the Buyer discover damaged packaging that indicates tampering or unauthorized opening the the Buyer is not required to accept the goods from the Shipper.
7.1. Rights and obligations of both parties in terms of damage liabilities are subject to applicable and generally binding regulations (in particular to Section 1914 through 1925, Section 2099 through 2117 and Section 2161 through 2174 of the Civil Code).
7.2. The Seller guarantees to the Buyer that the goods will be free of any defects upon the acceptance. In particular the Seller guarantees to the Buyer that upon the goods delivery the goods:
7.2.1 will have the parameters that both parties agreed on and if such provision or specifications have not been agreed then the goods shall have the properties the Seller or the manufacturer described or the Buyer expected based on the nature of the goods and in line with commercial statements designed for this type of goods,
7.2.2 are suitable for the per purpose for which the Seller has been advertising the goods or for which these goods are usually used.
7.2.3 meet the quality or design parameters of the agreed sample, providing that the design or quality standards have been based on the agreed sample,
7.2.4 are delivered in the agreed quantities, sizes or weights, and
7.2.5 comply with applicable legal requirements.
7.3. Provisions specified under article 7.2 of these Business terms shall not apply to goods sold for a lower price due to a defect which has lowered the agreed price, to goods with regular wear and tear, or to goods with a defect which reflects regular wear and tear (applies to used goods where the goods have already showed the defect during the acceptance by the Buyer or if it ensures from the nature of the goods).
7.4. Should the defect appear within 6 months following the acceptance, the goods shall be already regarded as defected during the time of the acceptance.
7.5. The damage liability right shall be exercised by the Buyer at the Seller’s branch where the claim may be submitted and accepted based on the nature of the goods, or possibly at the headquarters or at the place of business activities of the Seller. The date when the claim was submitted shall be the date when the Seller received the claimed goods from the Buyer.
7.6. Other rights and obligations of both parties related to the Seller’s liability for damages may be specified in detail in the Claim processing order of the Seller.
8.1. The Buyer shall take over the ownership rights related to the given goods when the Buyer pays for the entire purchase price.
8.2. As for the relationship of the Seller towards the Buyer, the Seller is not bound by any codecs within the meaning of the provisions of Section 1826 (1), letter e) of the Civil Code.
8.3. As for out-of-court settlement of consumer disputes under the purchase contract the competent authority shall be the Czech Trade Inspection Authority located at Štěpánská 567/15, 120 00 Praha 2, 000 20 869, webpage address: www.coi.cz
8.4. The Seller is authorised to sell the goods based on the applicable trade license. Trade activities shall be inspected by the competent Trade and Licensing Office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. In addition to the given inspection activities, the Czech Trade Inspection Authority also supervises the observance of the Act No. 634/1992 Coll., on consumer protection, as amended.
8.5. Therefore the Buyer hereby accepts the risk of change in circumstances pursuant to Section 1765 (2) of the Civil Code.
9.1. Please visit the following website: (General Data Protection Regulation)
10.1. The Buyer agrees to receive information related to the goods, services or to the company of the Seller including related commercial messages at his email address.
10.2. The Buyer agrees with the storage of the so-called cookies in his computer. If the purchasing activities performed at the website may be carried out and the obligations of the Seller defined in the purchase contract may be fulfilled without storing cookies in the computer of the Buyer, the Buyer may reject the consent above at any time.
11.1. Messages related to business relations between the Seller and the Buyer related in particular to the withdrawal from a purchase contract must be delivered via registered mail, unless the purchase contract specifies otherwise. Messages or mail shall be delivered to the given contact address of the other Party shall be regarded as delivered when the postal carrier delivers the mail, except for contract withdrawal notifications submitted by the Buyer where the withdrawal shall take effect if sent out during the given withdrawal period.
11.2. Further, mail or message shall be regarded as accepted even when the recipient rejected the message, or if the mail is not picked up during the deposit time or if the message was returned as undeliverable.
11.3. Contracting parties are allowed to share regular communication through electronic email using email address specified under the Buyer’s user account or specified by the Buyer on the order or the parties may use the email address specified on the website of the Seller.
12.1. Should the contractual relationship defined in the purchase contract contain an international (foreign) clause or issue, then both parties agreed that the relationship shall be subject to the applicable Czech legislature. This is without any prejudice to consumer rights ensuing from generally valid and binding regulations.
12.2. Should any of the provisions of the Business terms be invalid or unenforceable, or should it become unenforceable in the future, then the invalid provision shall be replaced with a new one whose purpose and meaning is as close as possible to the original and invalid provision. Invalidity or unenforceability of one provision shall not impact the validity of other remaining provisions. Changes or additions to the purchase contract or to the Business terms shall be done in a written form.
12.3. The given Purchase contract including Business terms are archived by the Seller in electronic form and are not accessible.
12.4. A sample contract withdrawal form is an integral part of the Business terms.
12.5. Contact information of the Seller: mail delivery address ORLING s.r.o. Na Bělisku 1352, 562 01 Ústí nad Orlicí, email address email@example.com, telephone +420 465 523 414.
In Ústí nad Orlicí on 1/1/2014
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