Terms and Conditions
General Terms and Conditions
These General Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
TEMPUS LIVING s.r.o.
registered office: Holečkova 789/49, Smíchov, 150 00 Prague 5,
registered at the Municipal Court in Prague, section C, file 267077
contact details: Adéla Neumann Zákoucká
email: adela.neuman.zakoucka@tempus-group. cz
phone: +420 739 699 815
(hereinafter referred to as the “Provider”)
2. These Terms and Conditions regulate the mutual rights and obligations of the provider associating on its website business entities providing services in the field of residential architecture in the course of their business and natural persons outside their business as consumers who wish to use the services , contacts and merchandise offered by the Provider (the “Client”), through a web interface located on a website available at www.aidda.cz (the “Aidda Platform”).
3. The provisions of the Terms and Conditions form an integral part of the binding order / purchase agreement, which will be concluded individually outside the interface of the aidda platform. It is not possible to conclude a purchase contract or accept a binding order through the aidda platform, this platform is not an e-shop. Any deviating provisions in the binding order / purchase agreement shall take precedence over the provisions of these Terms and Conditions.
4. These terms and conditions and the subsequent binding order / purchase agreement are concluded in Czech.
Information on goods and prices
1.The information about the goods, including the prices of individual goods including transport to the destination in the Czech Republic published on the aidda platform, is indicative and will be adjusted according to the individual individually agreed binding order / purchase contract concluded at the provider's premises outside the aidda platform.
2. All presentations of goods placed on the aidda platform, including prices and individual types or tips of goods of informative nature and the provider is not obliged to conclude a binding order / purchase contract regarding the delivery of the presented goods.
3. Individual types, tips, color and material combinations of goods and their prices, including transport to the Czech Republic will be specified at the customer's premises only on the premises of the provider.
User account and commissions
1. The condition for using the services offered by the provider is the registration of the client in a user account in the aidda platform. From the client's account, the client cannot order / conclude a purchase contract or make a selection of specifications of individual tips, types, material and color combinations of goods.
2. When registering for a user account, the client is obliged to provide all information correctly and truthfully. The Client is obliged to update the data entered in the user account upon any change. The information provided by the client in the user account is considered correct by the provider.
3. Access to the user account is secured by a user name and password. The Client is obliged to maintain confidentiality regarding the information necessary to access his / her user account. Provider is not responsible for possible misuse of the user account by third parties.
4. The Client is not entitled to allow the use of the user account by third parties.
5. The Provider may cancel the user account, especially if the client does not use the user account for a longer period of time, or if the client breaches his obligations under the binding order / purchase contract and these terms and conditions.
6. If the client is a business entity providing services in the field of residential architecture in the course of its business and based on its activity using the aidda platform, the customer or the client concludes a binding order / purchase contract for delivery, such client will concluded business cases arise entitlement to commission. The amount of the commission, the status of the virtual commission account, the options and the way the commission is paid will be available to the client in the appropriate section on the aidda platform.
7. If the client is a business entity providing services in the field of residential architecture in the course of its business activities and at the time of registration enters the customer's personal data into the user account, it acknowledges that it requires its consent for such processing of personal data.
8. The Client acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the Provider's hardware and software equipment, respectively. necessary maintenance of third party hardware and software.
How to use the aiddaplatform
1. If the registered client is a business entity providing residential architecture services in the course of its business, it may use, for the purpose of preparing an architectural study, the placement of equipment and facilities in the interior, free virtual 3D models located on the aidda platform. place them in a 3D model.
2. If such a client shares the 3D model with the sample goods on the platform, ie makes the 3D model available to the provider, this sharing will also instruct the provider to contact the client without undue delay to the email or telephone number stated in the client's registration. business premises of the provider, where the client will be informed about possible variants of goods, its specific characteristics, price of goods including transport, duration of the warranty period provided by the manufacturer, payment terms and time needed to deliver the goods to their destination in the Czech Republic (hereinafter "delivery") .
3. In the event that pursuant to point 2 of this Article, the Client and the Provider agree on the scope and terms of delivery, a mutually binding order / purchase agreement corresponding to the specified scope shall be concluded at the Provider's premises.
4. If the registered client is not a business entity providing residential architecture services in the course of its business and sends a request to the provider via the aidda platform, the provider will contact the client without undue delay to the email or telephone number stated in the client's registration business premises of the provider, where the client will be informed about possible variants of goods, its specific characteristics, price of goods including transport, duration of the warranty period provided by the manufacturer, payment terms and time needed to deliver the goods to their destination in the Czech Republic (hereinafter "delivery") .
5. In the event that pursuant to point 4 of this Article, the Client and the Provider agree on the scope and terms of delivery, a mutually binding order / purchase agreement corresponding to the said scope will be concluded at the Provider's premises
6. The Client acknowledges that the goods he / she orders will be placed with the manufacturer immediately after entering into a binding order / purchase contract, including individual adjustments required by the Client, which is also adapted to the delivery time.
7. In the event that after concluding a binding order / purchase contract, the provider finds that any of the requirements specified in the order cannot be met, the client will send an altered offer to the client's email address. The amended offer is considered as a new draft binding order / purchase contract in the scope of the change and in such a case it is concluded by signing a new binding order / purchase contract on the premises of the provider.
8. The Provider is entitled to withdraw from the binding order / purchase contract due to stock sell-out, unavailability of goods, or when the manufacturer or supplier of goods has stopped production or import of goods. The Provider shall promptly inform the Client via the email address specified in the binding order and shall return within 14 days of the notice of withdrawal from the binding order / purchase contract all funds, including delivery costs, received by the Client on the basis of an issued and paid invoice. , or in a manner specified by the client.
Payment conditions and delivery of goods
1. The Client undertakes to pay the price of the goods, including the costs associated with the delivery of the goods to the destination in the Czech Republic according to the binding order / purchase contract, on the basis of the invoice issued by the Provider in two installments. producer of goods. The advance invoice with a maturity of 14 days on the first installment of the price of goods shall be issued by the Provider immediately after the conclusion of the binding order and the invoice for the balance of the price of the goods with maturity of 14 days shall be issued by the Provider before the goods are delivered to
2. The goods will be delivered to the client at the address in the Czech Republic designated by the client in the binding order / purchase contract.
3. Selection of the place of delivery in the Czech Republic is made when ordering goods.
4. The Client is obliged to take over the goods upon delivery to the place specified according to the binding order / purchase contract on the date and time specified by the Provider. In the event that for reasons on the part of the client it will be necessary to deliver the goods repeatedly, the client is obliged to pay the costs associated with the repeated delivery of goods.
5. Upon receipt of the goods from the carrier, the client is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier and the provider immediately.
6. The buyer acquires the title to the goods by paying the full purchase price for the goods, including transport costs, but at first by taking over the goods. Responsibility for accidental destruction, damage or loss of goods shall pass to the Client at the moment of acceptance of the goods or at the moment when the Client was obliged to take over the goods, but did not do so contrary to the binding order / purchase contract.
Rights from defective performance
1. The Provider is responsible to the Client for ensuring that the goods are free from defects upon receipt. In particular, the Provider shall be liable to the Client for the fact that at the time when the Client has received the goods:
· the goods have the characteristics agreed by the parties and, in the absence of an agreement, the characteristics described by the provider or the manufacturer or expected by the client with regard to the nature of the goods,
· the goods are fit for the purpose which for its use of provider or states to which the goods of the same type are normally used
· the goods conform to the quality or design agreed upon model or template, if the quality or design was determined according to the agreed design or template,
· the goods are in the appropriate quantity and
· the goods comply with legal requirements.
2. If the defect becomes apparent during the manufacturer's warranty, the goods shall be deemed to have been defective at the time of acceptance. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to used defective goods corresponding to the level of use or wear that the goods had upon receipt by the client, or because of the nature of the goods.
3. In case of defects, the client provider to submit a complaint and request
· replacement for new goods,
· repair of goods,
· a reasonable discount on the purchase price,
· withdrawal from the contract.
4. The client has the right to withdraw from the contract,
· if the goods have a material defect,
· if he / she cannot properly use the item for repeated occurrence of defects or defects after repair,
· in the case of multiple defects of goods.
5. The Provider is obliged to accept the complaint made by the Client in writing to the Provider's email address, or even at the registered office, business premises or place of business. The Provider is obliged to issue a written confirmation to the Client when the Client has exercised the right, what is the content of the complaint and what method the complaint is requested by the Client, as well as confirmation of the date and manner of handling the complaint, rejection of the complaint.
6. The Provider or a worker authorized by the Provider shall decide on the complaint after consultation with the manufacturer without undue delay, in complex cases within 20 working days. This period does not include the time appropriate for expert assessment of the defect. Complaints, including the removal of defects, must be settled without delay, but no later than 60 days from the date of the complaint, unless the provider and the client agree on a longer period. Vain expiration of this period is considered a substantial breach of the contract and the client has the right to withdraw from the binding order / purchase contract. The moment the complaint is manifested is the moment when the client expresses the will (exercise of the right from defective performance) to the provider.
7. Provider informs the client in writing about the result of the complaint.
8. The client does not have the right from defective performance if the client knew before the takeover of the thing that the thing was defective or if the client himself caused the defect.
9. The client has the choice of complaint method.
10. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
1. The Parties may deliver all written correspondence to each other by electronic mail.
2. The Client shall deliver the correspondence to the Provider at the email address stated in these Terms and Conditions. The Provider shall deliver the correspondence to the Client's email address specified in his / her customer account or in a binding order / purchase contract.
Out - of - court settlement of disputes
1. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a binding order / purchase contract. The online dispute resolution platform, available at http://ec.europa.eu/consumers/odr, can be used to resolve disputes between the provider and the client for binding orders / purchase contracts.
2. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
3. The Provider is entitled to provide services and sale of goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
1. All arrangements between the Provider and the Client shall be governed by the laws of the Czech Republic. If the relationship established by the binding order / purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to consumer rights arising from generally binding legal regulations.
2. The Provider is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
3. All rights to the website of the Provider, particularly the copyright to the content, including the layout of the site, photos, movies, graphics, trademarks, logos and other content and elements, belong to the Provider. It is forbidden to copy, modify or otherwise use the website or its part without the consent of the provider.
4. The Provider shall not be liable for errors resulting from interference by third parties in the aidda internet platform or due to its improper use. When using the aidda internet platform, the client may not use procedures that could adversely affect its operation and may not engage in any activity that could allow him or third parties to tamper with or misuse the software or other components of the aidda internet platform and use the internet the aidda platform, or any part thereof, or software equipment, in such a manner as to conflict with its purpose or purpose.
5. The Client hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
6. The Terms and Conditions are archived by the Provider in electronic form.
7. The Provider may amend or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
8. A specimen withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on 1.9.2019