Terms and conditions - TUKKARI.EU
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by these Terms and Conditions.
1.1 In these Terms and Conditions.
1.1.1 “E-shop” means a computer program - an Internet application that is available on the Internet via the Internet addresses www.tukkari.eu, the main functionality of which is the display, selection and ordering of goods by the User
1.1.2 “Purchase contract” means a purchase contract in the sense of the provisions of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
1.1.3 “Shopping Basket” means a part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within his actions in the user environment of the E-shop, in particular by adding or removing Goods and / or changing the quantity of selected Goods;
1.1.4 “Civil Code” means Act No. 89/2012 Coll., The Civil Code of the Czech Republic, as amended;
1.1.5 “Operator” means the company CZEKO Group, s.r.o., Company Identification Number: 64048951, VAT Registration Number: CZ64048951 with its registered office no. 47, 400 02 Chuderov, Czech Republic;
1.1.6 "Access data" means a unique login name and the password assigned to it entered by the User into the E-shop database during Registration;
1.1.7 “Registration” means the electronic registration of the User in the E-shop database, by filling in at least the mandatory registration data in the user interface of the E-shop and the Access Data and their subsequent storage in the E-shop database;
1.1.8 “Consumer” means the User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a Contract with the Operator or otherwise deals with him;
1.1.9 “User” means any legal entity or individual who uses the E-shop;
1.1.10 “User Account” means the part of the E-shop which is set up by each User by Registration (ie it is unique for each User) and made available after entering the Access Data;
1.1.11 “Goods” means an item offered by the Operator for sale to the User through the E-shop;
2 Information for Consumers before concluding a contract
2.1 With regard to the price of the Goods and transport costs and other charges, the following applies:
2.1.1 The prices of the provided goods and services are listed on the website with and without VAT, including all fees stipulated by law, however, the costs of delivery of goods or services vary according to the chosen method and transport provider and method of payment. The agreed price does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the agreed price; such costs are paid exclusively by the User.
2.1.2 In the event of withdrawal from the contract, the Consumer shall bear the costs associated with the return of the Goods by post back to the Operator.
2.2 In the event of withdrawal from the contract applies that:
2.2.1 Pursuant to the provisions of Section 1829, Paragraph 1 of the Civil Code, the Consumer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the Goods. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Agreement must be sent to the Operator (as the seller) within the period specified in this paragraph.
2.2.2 Withdrawal from the contract should be sent by the Consumer at own expense to the Operator to the address CZEKO Group, s.r.o., č.p. 47, 400 02 Chuderov, Czech Republic.
2.2.3 The Consumer is obliged to return the goods to the Operator no later than within 14 days from the date of withdrawal from the given Purchase Agreement.
2.2.4 The Consumer may not withdraw from the contract for the provision of services which the Operator has fulfilled with the prior express consent of the Consumer before the expiry of the period for withdrawal from the contract;
2.2.5 If the Consumer withdraws from the Purchase Agreement, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced, if legal reasons are met.
2.2.6 If the Consumer withdraws from the Purchase Agreement regarding the Goods that he/she returns to the Operator damaged, worn and / or with removed protective foils in the case of plexiglass parts, such goods will be considered by the Operator to be devalued and ineligible for resale. Goods delivered in the form of kits, which the consumer has partially or completely assembled, will also be considered devalued and ineligible for resale. In these cases, the consumer is not entitled to a refund of any part of the paid purchase price and withdrawal from the contract will be considered invalid. If the Consumer agrees in such a case to reimburse the costs of returning the returned goods back to the Consumer's address, the Operator will send the goods to the Consumer's address in the agreed manner upon receipt of payment of these costs.
2.2.7 The operator uses the possibility of out-of-court settlement of consumer complaints. In the event of a complaint, Consumers may contact the relevant employee of the Operator free of charge via the e-mail address firstname.lastname@example.org. Complaints can be made to the supervisory or state supervisor. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions stipulated by the relevant legal regulations.
3 The process of concluding the Contract
3.1 The Operator offers the Users the conclusion of a Purchase Agreement through the E-shop. The offer for concluding the Purchase Agreement by the Operator is the display of a button marked "Complete order" in the user interface of the E-shop.
3.2 The User shall be deemed to have unconditional acceptance of the Operator's offer to conclude the Purchase Agreement pursuant to paragraph 3.1 of these Terms and Conditions by checking the box marked "I agree with the terms and conditions" and clicking on the button marked "Complete order".
3.3 The Purchase Agreement is concluded by unconditional acceptance of the offer pursuant to paragraph 3.2 of these Terms and Conditions.
3.4 The Agreement is concluded when the electronic information about the click on the button in the sense of paragraph 3.2 by the User reaches the server where the E-shop is installed via the Internet.
3.5 The User undertakes to fill in the relevant text fields in the user environment of the E-shop with true and complete data, in particular his true e-mail address, identification data and, if applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him to be correct and complete and is not entitled to check the entered data.
3.3.6 All Goods presented within the user environment of the E-shop are for information only and the Operator is not obliged to enter into an Agreement regarding these Goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
4 Purchase Agreement
4.1 By concluding the Purchase Agreement, the following provisions enter into force:
4.1.1 The User buys from the Operator the Goods that the User has chosen in the user environment of the E-shop by adding them to the Shopping Cart, in the quantity that the User has chosen and / or set for the given Goods in the user environment of the E-shop, and the User undertakes to pay the Operator for the given goods the price stated for such Goods in the user environment of the E-shop.
4.1.2 The Operator has the right to withdraw from the Purchase Agreement until the moment of sending the Goods to the User, for any reason or without stating a reason. The legal action of the Operator consisting in notifying the User that he cannot deliver the Goods ordered by him is also considered a withdrawal from the Purchase Agreement.
4.1.3 The Operator is entitled to request additional confirmation of the order from the User at any time and until he receives the order confirmation from the User, he is entitled to delay the sending of the Goods to the User.
4.1.4 The method of packaging the Goods is determined exclusively by the Operator; the provisions of § 2097 of the Civil Code are hereby excluded.
4.1.5 The User is obliged to pay the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount specified for the order in the user environment of the E-shop.
4.1.6 The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and any other associated services to the Operator.
4.1.7 If any of the payment methods contains information on the costs of making such a payment, the User is obliged to bear the costs of making such a payment, which are listed for the payment in the user environment of the E-shop.
4.1.8 In the case of payment by bank transfer, the user is obliged to indicate the variable symbol specified by the Operator.
4.1.9 In the case of payment by bank transfer, the User's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Operator's bank account.
4.1.10 The Operator has the right to provide the User with a discount on the price of the Goods. Discounts on the price of the Goods may be combined with each other, unless expressly stated otherwise.
4.1.11 The purchase price for the Goods does not include any payments, fees or other rewards that the User must spend on services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are exclusively the costs of the User.
4.1.12 The Operator reserves the ownership right to the Goods, which is the subject of the Purchase Agreement, until the full payment of the purchase price for the Goods is received by Operator.
4.1.13 The Operator undertakes to deliver the Goods to the User within a reasonable period of time from the conclusion of the Purchase Agreement. All deadlines for delivery of the Goods listed in the user interface of the E-shop are for guidance only.
4.1.14 The Operator will always send the User a tax document - invoice in electronic form, to the User's email address entered with the order in the User Environment of the E-shop.
4.1.15 If the Operator together with the Goods provides a gift to the User, the gift contract between the User and the Operator is concluded with the untying condition that if the Purchase Agreement terminates (eg for withdrawal from the Purchase Agreement), the gift agreement terminates without further notice. from the beginning together with the Purchase Agreement and the User is obliged to return the provided gift together with the goods to the Operator.
4.1.16 The Operator provides the User with a warranty on the Goods if the warranty period is stated for the given Goods in the user environment of the E-shop, for the period of the stated warranty period, while such warranty is valid only for the Consumer.
4.1.17 The User is entitled to exercise the right to withdraw from the contract and the right from defective performance with the Operator at the address of its registered office. The moment of claim is considered to be the moment when the Operator received the claimed Goods from the User.
4.1.18 If within the user environment of the E-shop it is stated for the advertised Goods that it is "used", the User buys the Goods in the used condition, including the stated defects of such Goods.
4.1.19 Risk of loss, damage and / or destruction of the Goods which are the subject of the Purchase Agreement. passes to the User, who is the Consumer, at the moment of taking over the goods by the User.
18.104.22.168.20 The risk of loss, damage and / or destruction of the Goods that are the subject of the Contract passes to the User, who is not a Consumer, at the moment of handing over the goods to the first carrier.
5 User account
5.1 The User has the right to create a User Account by Registration.
5.2 The User is obliged to enter Access Data before entering the User Account.
5.3 The identification data of the User entered during Registration are considered to be the data entered when ordering each Goods that the User makes after logging in to his User Account..
5.4 The User may not provide Access Data or any other access to the User Account to third parties. The user is obliged to take all reasonable measures to keep them confidential. The User is fully responsible for the unauthorized use of these access data or the User Account and for the damage thus caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User is obliged to notify the Operator immediately. The Operator shall provide the User with new access data within a reasonable period of time.
6 Complaints procedure
6.1 The Operator is responsible to the Consumer that the Goods are free of defects upon receipt.
6.2 If the Goods contain defects, the Consumer has the right to request the delivery of new Goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the Goods, the Consumer may only request replacement of the part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
6.3 The Consumer has the right to have delivered new Goods or replace a part even in the case of a remediable defect, if he cannot use the Goods properly for repeated occurrence of the defect after repair or for a larger number of defects. In such a case, the Consumer has the right to withdraw from the Purchase Agreement.
6.4 Due to the nature of the production process, Plexiglas components cannot be considered as a defected and the subject of a complaint:
6.4.1 minor scratches in the surface of the material
6.4.2 the so-called "burr" or sharp edge of plexiglass parts, which is an inevitable consequence of the CO2 laser cutting production process
6.4.3 the odor of cut plexiglass parts, which gradually disappears after a few days from the removal of the protective foils
6.5. Due to the nature of the production process, the following cannot be considered as a defect and the subject of the complaint for parts of goods made of laminated chipboard and MDF boards:
6.5.1 minor scratches and minor chipping of the laminated surface caused by machining with a CNC router
6.5.2 small glue overlaps at the application points of the ABS edge caused by automatic banding machine
6.6 If the Consumer does not withdraw from the Purchase Agreement or does not exercise the right to deliver new Goods without defects or to replace its components or to repair the Goods, he/she may request a reasonable discount. The Consumer is entitled to a reasonable discount also if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods.
6.7 The Consumer is not eligible for any compensation if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.
6.8 The Operator's liability for defects in the Goods does not apply to wear and tear of the Goods caused by its normal use and for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed.
6.9 If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
6.10 Complaints about the Goods, including the elimination of defects in the Goods, must be settled without delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period.
6.11 The period of time for the settlement of a complaint is stopped in the event that the Operator has not received all the documents necessary for the settlement of the given complaint, until the given documents are delivered.
6.12 The right to exercise rights from defects of the Goods can not be applied in case of improper installation, as well as in case of improper handling, ie especially when using the Goods in conditions that do not correspond to the parameters specified in the Assembly Instruction provided with the Goods.
7.1 The operator is obliged by law to protect and secure the personal data provided. The operator therefore uses various effective security technologies to protect personal data from unauthorized disclosure or use.
8 Using the E-shop
8.1 The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
8.2 The Operator has the right to change the E-shop, ie its technical solution and / or user interface.
8.3 The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for reasons of maintenance or repair of the E-shop or other reasons on the part of the Operator or a third party.
8.4 The user is obliged to comply with valid and effective legal regulations of the Czech Republic and the European Union when using the E-shop. The User is obliged to compensate all damages that would thus occur to the Operator or third parties in full.
8.5 In the event of a breach of these Terms and Conditions or the Purchase Agreement or valid and effective legal regulations, the Operator has the right to cancel the User Account.
9 Operator's declaration
9.1 The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against modifications.
9.2 Due to a technical error in the E-shop, the purchase price may be displayed for the Goods incorrectly. Under these circumstances, the Operator is not obliged to deliver the Goods at the displayed purchase price. In such situation the Operator will contact the User and inform him of the actual purchase price of the Goods and the User has the right to decide whether to accept the Goods at the actual purchase price or cancel his/her order.
9.3 The User acknowledges that photographs and computer-rendered models of the Goods in the E-shop may be illustrative or may cause a distorting impression due to their conversion into a display in the User's technical device, therefore the User is always obliged to get acquainted with the full description of the Goods and in case of doubt, contact the Operator.
9.4 Contact details of the Operator for communication with the User are listed in the user interface of the E-shop in the contacts section.
10 Applicable law
10.1 These Terms and Conditions, as well as the Purchase Agreement, are governed by the laws of the Czech Republic, in particular the Civil Code.
11.1 These Terms and Conditions shall enter into force on 16. May 2020.