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General Terms & Conditions

  1. General

    1. These General Terms & Conditions (hereinafter also as „GTCs“) apply to all the contractual relationships arisen between UltraCasts s.r.o., seat in Prehvozdi 109, Prehvozdi, post code 281 63, company ID 06372066, registered in the Commercial Register maintained by the City Court in Prague, Section C, Insert 281136, as the Seller (hereinafter as „Seller“ only) and the Seller. All relationships are concluded according to the Czech legal order and governed by the Civil Code (No. 89/2012 Coll.) and the Consumer Protection Act (No. 634/1992 Coll.).
  2. Purchase contract

    1. The proposal for the conclusion of the purchase contract (offer) is the placement of the offered goods by the Seller on the pages of the E-shop, whereupon the purchase contract is created by sending the order to the Buyer by clicking on the "Confirm Order" button. The Seller promptly confirms receipt of the order by the Seller to the Buyer notification to the specified e-mail, instant formation of the contract, however, this information notice has no effect. Received order can be changed only by express agreement of both parties.
    2. Prior to the final delivery of the order to the Seller, we recommend that the Buyer make use of the opportunity to conduct a thorough inspection of the entire order.
    3. By the above-described procedure leading to the conclusion of the Purchase Agreement, the Buyer confirms that he has become familiar with the Terms and agrees with them. The e-shop page contains a clear possibility to study the Terms before submitting the order and we recommend that all Buyers use this opportunity and get acquainted with them in detail.
    4. The pictures and dimensions of the goods are illustrative only and do not necessarily reflect the actual appearance of the item.
    5. Prices are quoted including VAT.
  3. Delivery times, delivery method, non-receipt of goods

    1. The Seller shall deliver the goods to the Buyer in full, within 15 days of the confirmation of the order, unless he specifies another delivery period for the individual goods. If the goods referred to "stock", the Seller sends the goods within two working days. The Buyer is obliged to accept the goods and pay. The Buyer is encouraged to review the goods as soon as possible.
    2. In the event of damage to the shipment, the Seller recommends the Buyer will write to the carrier the damage record.
    3. Goods documents, especially tax documents, confirmations and certificates, makes an fundamental part of the shipment, or they may be sent to the Buyer by email.
    4. The Seller records its revenues in accordance with the provisions of the Sales Records Act. A properly filled receipt in the sense of an electronic revenue record is a tax document that the Buyer receives at the same time with the goods. The Seller issues receipts in accordance with the Electronic Sales Bill in electronic form sent by e-mail or in paper form, depending on the chosen payment method and mode of transport.
    5. If the Seller will request, the Seller shall certify to him in writing, to what extent and for how long his obligations as to defective performance and how the Buyer can exercise the rights (Complaint Procedure).
  4. Payment of goods

    1. Buyer pays for purchased goods according to the chosen payment method, which he chooses during the ordering process. If the goods are not paid within 14 days from the moment of payment confirmation, the order is automatically canceled.
    2. Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
  5. Right of withdrawal for the Consumer Buyer

    1. The following lines apply only to the Consumer Buyer, not to the entrepreneurs.
    2. For distance contracts (via internet), the Seller may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, irrespective of the way the goods are taken over or the payment is made. This time limit is intended to ensure that the Seller is reasonably familiar with the nature, characteristics and functionality of the goods.
    3. The Buyer is entitled to withdraw from the contract even at any time prior to the delivery of the goods.
    4. Withdrawal from the contract by the Buyer to the Seller shall be sent or handed over to the Seller within 14 days. The Buyer does not need to state the reason for withdrawing from the contract. To facilitate communication, it is appropriate to withdraw indicate the date of purchase or contract number / sales receipt, bank and selected method of returning the goods.
    5. Seller is obliged to return the Buyer the amount fully corresponding to the price of the goods and the paid cost of delivery within 14 days of withdrawal from the contract in the same manner as the payment received from the Seller.
    6. If the Seller chooses to return the goods other than the cheapest way of delivering the goods offered by the Buyer, the Seller returns to the Buyer the cost of delivering the goods corresponding to the cheapest way of delivering the goods. At the latest within 14 days of withdrawal from the contract, the Buyer is obliged to send or hand over the purchased goods to the Seller. The goods should be returned to the Seller (not on cash) complete, preferably in the original packaging, not to show signs of wear or damage. The cost of returning the goods is borne by the Buyer.
    7. If the returned goods are damaged by a breach of Buyer's obligations, the Seller is entitled to claim against the Buyer a refund of the value of the goods and subtract it from the amount refunded.
    8. Exceptions: The right to withdraw from the contract cannot be invoked for digital content delivery contracts if it is not supplied on a physical carrier or service contract in both cases, provided that the fulfillment has been subject to the prior express consent of the Buyer before expiry withdrawal periods; in the case of service or commodity contracts (including alcoholic beverages), the price of which depends on financial market fluctuations, irrespective of the Seller's will; in the case of contracts for the supply of goods modified for the Buyer's request or for his own account and for perishable goods, goods which have been irreversibly mixed with other goods or removed from the sealed envelope and for hygienic reasons they cannot be returned; in the supply of audio or video recordings or computer programs, if the Seller breached their original packaging; for delivery of newspapers, magazines or other periodicals; in the case of contracts for accommodation, transport, meals or leisure time provided on a fixed date or for contracts concluded under a public auction under the law governing public auctions and for repairs or maintenance contracts made at a place designated by the Buyer at his request.
    9. Notice of withdrawal - template
      • Notice of withdrawal - The addressee of UltraCasts s.r.o., with its registered office at Prehvozdi 109, 281 63 Prehvozdi, company ID: 06372066, e-mail: info@chickadeetools.com
      • I hereby declare that I withdraw from the contract for the purchase of these goods (or services)
      • Date of order (*) / date of receipt (*)
      • Name and surname of Buyer
      • Address of Buyer
      • Signature of Buyer (only if this form is sent in paper form)
      • Date
      • (*) Delete as appropriate or complete the data.
  6. Complaints, warranty periods

    1. For all shipments, the Seller shall, immediately upon receipt, check the accuracy of the delivered items, their completeness and any visible damage caused by the shipment. The defects found must be marked on the delivery note and confirmed by the carrier, otherwise they will not be recognized. Other defects discovered after unpacking of the goods must be notified to Seller in writing by the Buyer in writing. Beyond the statutory liability for defects of goods covered by the Civil Code, the Seller provides the Seller with a warranty for the quality of the goods for a period of 2 years from the date of delivery of the goods. The Buyer is obliged to strictly observe the rules for installing and using the products in accordance with the "Instructions for Use" created by the Seller.
    2. The Seller's claims for defects of goods arise from the relevant provisions of the Civil Code of the Czech Republic and the Seller's Complaints Procedure.
    3. Liability for defects does not arise or defects covered by a quality guarantee are not incurred when:
      1. the goods have been demonstrably used in contravention of the "Instructions for Use" supplied by Seller; and / or
      2. it has been used inappropriately because of its utility properties or is contrary to the purpose for which it is intended; and / or
      3. has subsequently been arbitrarily modified or changed.
    4. Liability for defects or quality assurance also does not apply to wear and tear caused by its normal use.
    5. Until the time of proof of liability for defect on the part of the Seller, it is considered that the Seller is responsible for the fault, who is obliged to remove the defect.
    6. In accordance with the provisions of Section 1820, par 1), letter j) of the Civil Code, the Buyer is entitled to address his / her possible complaint, which has not been resolved by his complainants' complaints, to the relevant Czech court or to the Czech Trade Inspection Authority, or to the local Trade Licensing Office according to the seat of the Seller.
  7. Privacy policy

    1. Customer information is maintained in accordance with applicable laws of the Czech Republic, especially the Personal Data Protection Act 101/2000 Coll. as subsequently amended and supplemented. By purchasing a Purchase Agreement, the Buyer agrees to process and collect their personal data in the Seller's database upon successful completion of the Contract, until it is in writing to disagree with such processing.
    2. The Buyer has the right of access to his personal data, the right to correct them, including other legal rights to such data. Personal data can be removed from the database on written request of the customer. Personal data of customers are fully protected against abuse. Customer does not pass on any personal data to third parties. The exception is represented by external carriers, who transfer the personal data of the customers to the minimum extent necessary for the delivery of the goods.
    3. The individual contracts are archived after their conclusion by the Seller, in electronic form and only accessible to the Seller.
  8. Governing law, court jurisdiction    

    1. The governing law is the law of the Czech Republic. Application of the United Nations convention on the international goods purchasing contracts is expressly excluded. In the case of disputes, the court with local jurisdiction for both contracting parties is the District Court in Kolin. Nevertheless, the Seller shall have the right to pursue his claim at the Seller's registered address.
    2. Should any of the GTCs’ provisions come in dispute with the Civil Code of the Czech Republic, the relevant regulations of the Civil Code shall apply notwithstanding the other clauses of the GTCs.
  9. Final provisions and validity of the terms

    1. Buyer agrees to use distance methods of communication when entering into a purchase agreement. Costs incurred by the Buyer in the use of distance communication means in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) shall be borne by the Buyer himself.
    2. By placing an order through an E-shop, the Buyer confirms that he has become acquainted with the contents of the GTCs, agrees with them and accepts them.
    3. These General Terms and Conditions came into force on May 31st 2018 and replace all the previously issued GTCs.

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