OPERATOR: Kaspen s .r .o.
REGISTERED OFFICE: Zlatnická 1582/10, Prague 1, 110 00, Czech Republic
ID no.: 257 98 502
CONTACT: [email protected]
OPENING PROVISIONS
The Engelmüller brand, its domain and applications are owned and operated by Kaspen s .r .o., registered in the Commercial Register maintained by the Municipal Court in Prague, section C, file no. 71245; tax no.: CZ25798502.
These Terms & Conditions apply to all Users (also referred to as “You”, “Your” and such like), Internet Applications and all domain names, such as engelmuller.com, engelmuller.de, engelmuller.ru a engelmuller.com/shop (also referred to as “the Website”). The Terms & Conditions apply to all Your future transactions with the Operator (also referred to as “Kaspen”, “Engelmüller”, “We” and “Our”, “the Operator” or “the Owner”) and visits to the Website.
RIGHTS AND OBLIGATIONS OF THE PARTIES
Engelmüller reserves the right to update, change or replace any part of these Terms & Conditions. The current version of the Terms & Conditions is always available on this Website. Users are responsible for keeping track of these changes.
The Operator does not guarantee that all the items in the Engelmüller online shop will be in stock at the time of order.
The Operator is not liable for any resulting damages and bears no responsibility for any actions constituting unfair competition. In addition, Engelmüller does not guarantee that access to the Website will be without defects, secure or uninterrupted.
The Operator is furthermore not liable for any damages incurred by visitors using and accessing the Website or for any damages incurred in connection with downloading, interrupted operation or a fault in any function of the Website, computer viruses, data loss, loss of earnings or unauthorised access.
If a visitor to the Website is charged the wrong amount in the online store, Engelmüller offers the visitor the chance to make a new order with the correct amount and cancel the order with the wrong price. However, Engelmüller reserves the right to cancel any order before dispatching the goods if it learns that the price charged is incorrect. In such an event the Operator is obliged to notify the customer by e-mail. If it is not possible to contact the customer, the order will be cancelled automatically.
Some services mediated via the Website are performed by external organisations. Engelmüller bears no liability for any errors resulting from their actions. Engelmüller cannot guarantee problem-free, undisturbed and secure access to the Website. By accessing the Website the visitor confirms that he is familiar with and will respect the Terms & Conditions and will contact the Operator for clarification if he suspects any information is incomplete, unclear or imprecise.
If a situation arises wherein a Website visitor thinks that the Operator is acting in contravention of the law, the Visitor should ask the Operator for an explanation and, if necessary, demand that the defective state of affairs is remedied.
Copyright, and in particular the Engelmüller trademark, logo, graphic design, copy, photographs, designs, productions, icons, images, data and software, are the property of or were licensed by Kaspen, s .r .o. You are authorised to use this material solely for private, non-commercial purposes. You may not publish, copy or otherwise distribute this material without the prior written consent of a representative of Kaspen s .r .o.You may not modify the material in any way without the prior written consent of a representative of Kaspen s .r .o.
Engelmüller reserves the right to use Secure Socket Layers (SSL), an industrial standard in information transfer, to process your orders, ensuring communication by means of full encryption of the data on the Website.
Visitors are liable for any damages caused by unauthorised tampering in connection with their use of the Website and all other parts of the system.
Buying products at www.engelmuller.com/shop is permitted for personal use only, not for re-sale. By sending an order to www.engelmuller.com/shop you confirm that the purchased products will be for personal use only and not for re-sale, and that you accept Our Terms & Conditions. We reserve the right to refuse any order for any reason and without giving reasons.
All Your personal data stored on the Website will be treated with the utmost care. The information We save will not be sold or used for any purposes other than providing the best possible service to customers. Your personal data may be provided to and processed by third parties.
Customers are entitled to check their data at any time. That can be done by sending an e-mail to [email protected]. If the data are incomplete or incorrect, You have the right to ensure that the data are corrected. Payment cards used by Customers to pay for products will be subject to validity checks. Engelmüller reserves the right to defer the processing of any order.
Visitors consent to the processing of their personal data. Visitors are obliged to provide correct and truthful data. In the event of a change in any of Your data, You are obliged to notify the Operator of the change. The Operator may authorise a third party to process personal data. Personal data are processed for an indefinite period. Visitors consent to the sending of information and electronic messages linked to the operation of the Website.
The Website uses cookies in order to optimise the services provided. In addition to their use for statistical purposes, cookies identify Your computer and make it possible to read the Customer’s personal online settings. Browsers can be set up to send notifications of the use of cookies. That makes it possible for Customers to prohibit the use of cookies or delete cookies at the end of a visit. That may prevent the Customer from making full use of the Website, however.
We cannot guarantee that the colours displayed on the Website exactly match the actual product colours. The display of colours depends on the colour settings on Your computer and monitor.
Individuals violating the restrictions on password-protected parts of the Website may be subject to criminal prosecution.
All the Operator’s rights and obligations cease to apply in any case of force majeure. In such an event, Your order may be cancelled by You or by the Operator. Force majeure is understood to mean war, civil war, revolution, uprising, government intervention, attacks, blockades, electricity blackouts or failures of other electronic devices, natural disasters and similarly serious occurrences.
Visitors to the Website may not use the Website or any part thereof in a way that could harm the Operator or infringe on the Operator’s rights or restrict the Operator’s economic activity.
These conditions of use conform to Czech law and will be decisive in the event of any dispute.
When a Customer orders goods on engelmuller.com/shop, an electronic confirmation of the order will be sent to the specified e-mail address. We cannot guarantee that all items listed in the Engelmüller online store will be in stock and available at the time of ordering. Some sizes or items may be sold out. If the item a Customer ordered is not in stock, the Operator will notify the Customer by e-mail. The Customer is then entitled to cancel the order and receive a full refund.
The contract, i.e. the Operator’s commitment to deliver services or products, is established upon payment by the User according to the applicable Terms & Conditions. The Operator or User may withdraw from this contract only in the cases listed in the currently applicable Terms & Conditions.
All payment methods and credit or debit cards are subject to verification and approval by the card issuer or the payments operator. If the issuer of Your credit card refuses to permit payments to Us, the Operator cannot be held responsible for any delay or non-delivery.
All prices are stated including VAT. The final payment will be done in EUR. The price of shipping and delivery times are governed by the information presented in the Internet Application.
Please note that postage costs are not included in the prices displayed in the online store. Delivery costs will be calculated and displayed when goods are ordered.
WITHDRAWAL FROM THE CONTRACT, COMPLAINTS AND RETURNS
The Complaints and Returns Rules specify how the Customer and Seller should proceed if the customer has a legitimate reason for exercising his rights in connection with liability for defective goods.
The Customer is obliged to select a product type and size that meets his requirements. In other words, before buying the product the Customer must take into account the purpose, use, material composition, design and finish of the goods.
The Customer is required always to pay sufficient attention to the fundamental rules governing the use of the goods. All factors with a detrimental effect on the full functionality and lifespan of the product (in particular excessively intensive use of the product or use for an inappropriate purpose) must be considered.
If a defect arises on purchased goods during the warranty period, the Customer is entitled to return the product. Defect means a change in (the properties of) the goods caused by the use of unsuitable or poor-quality materials, non-compliance with technological procedures or use of unsuitable technologies, or possibly unsuitable design. A change in (the properties of) goods caused during the warranty period by wear-and-tear, incorrect use, insufficient or inappropriate maintenance, natural changes in the materials the goods are made from, any damage by the user or a third party or any other inappropriate tampering cannot be regarded as a defect.
If the Customer exercises his right to return a sold item in the proper manner, the return process, including the elimination of any defect, will be executed without undue delay and no later than 30 days after the product was returned (unless Engelmüller agrees on a longer processing period with the Customer). The assigned and competent employee will decide how the complaint is dealt with. Returned goods should be returned complete, clean, dry and hygienically safe. If goods are returned in a hygienically unacceptable state (dirty, wet, mouldy etc.), the complaint will be rejected immediately.
Customers returning goods must fill in the returns form and send the goods, in their original condition and packaging, to the Operator’s address along with the returns form. Customers return goods at their own expense. The Customer is responsible for the goods until it they are properly delivered to the Operator. Before sending, goods must be packed in a way preventing them from being damaged or destroyed.
Returns must be done within twenty-four months after the goods were bought and received. Returns must be done without delay as soon as the defect emerges. Any delay and continued use of the goods may cause the defect to worsen and devalue the goods or prevent an objective assessment of the actual causes of the current condition of the goods, and may therefore be grounds for rejecting the complaint.
The warranty period must not be confused with the goods’ lifespan, i.e. the period of time the goods may last if correctly used and correctly maintained with regard to their properties, their purpose and differences in the intensity of their use. The warranty period is a general administrative period that has no direct connection to the usual lifespan of a particular product.
The kind of defect that can be eliminated without compromising the appearance, function and quality of the goods is deemed to be an eliminable defect.
If it is not inappropriate in view of the nature of the defect, the Customer may demand that the goods are exchanged (the goods may be exchanged for any other goods as the Customer wishes). If the goods cannot be exchanged, the Customer may withdraw from the contract or demand a proportionate discount on the price of the goods.
The kind of defect which cannot be eliminated or whose elimination is impractical in view of all the significant circumstances is deemed to be a non-eliminable defect. If the defect is non-eliminable and prevents the goods being used in the normal way as non-defective goods, the Customer is entitled to:
- demand that the goods are exchanged for new, non-defective goods (any goods chosen by the Customer) or withdraw from the purchase contract.
- If the nature of the non-eliminable defect does not prevent the goods being used in the normal way (e.g. aesthetic defects) and the Customer does not demand that the goods are exchanged, the Customer is entitled to a proportionate discount on the purchase price or may withdraw from the contract. Discounts are provided taking into account the nature of the defect, the degree and type of wear-and-tear, the length of the time the product has been used and the possibilities for its further use.
The Complaints and Returns Rules were drawn up within the meaning of Act No. 89/2012, Civil Code, and Act No. 634/1992, on consumer protection.
CLOSING PROVISIONS
The Visitor represents and warrants that he is competent to perform legal acts. He furthermore represents that all the data he provides to the Operator are voluntarily provided, truthful, complete, accurate and in no way misleading. The User has acquainted himself with all the conditions governing the use of the application and with the Terms & Conditions. The Visitor affirms that he fully understands and accepts the conditions. The Visitor will not open multiple accounts in the Internet Application unless the Operator grants prior approval.
Pursuant to the Act on Electronic Records of Sales, the seller is obligated to issue a receipt to the buyer. At the same time, the seller is obligated to register the received revenue with the tax administration online; in the event of a technical failure, such registration shall be carried out within 48 hours at the latest.
Prague, 23 December 2015
Team Engelmüller