Information compulsorily provided to the consumer for concluding the contract of purchase using remote communication means – internet e-shop
pursuant to the provisions of Section 1810 et seq. and Section 1820 par. 1 and 1826 par. 1 of Law No. 89/2012 Coll., Civil Code
In connection with the orders of goods via the e-shop of operator Backer Elektro CZ a.s. at the address http://www.backer-elektro.cz/, the shop operator provides the following information prescribed by the law while the consumer can find further information in the business terms and conditions of the operator:
Pursuant to the provisions of Section 1811 par. 2 of the Civil Code, the operator communicates the following information:
a) Operator identity: Backer Elektro CZ a.s., Co. ID. No. 604 69 617, with registered office Hlinsko, Policska 444, Postal Code 539 01. The operator is registered in the Companies Register kept with the Regional Court in Hradec Kralove, Section B, Entry 2370. The e-mail address of the operator is firstname.lastname@example.org. The phone number is +420 463 030 620;
b) The subject of the goods delivery are especially electric heating elements for heating various types of media (liquids, air, contact heating, etc.), also heating elements serving as a part of electric household appliances, furthermore, a part of the offer are the electric appliances made directly by the operator. A detailed description of the subject of delivery and its properties are captured in the description of all individual goods;
c) The price or the goods is determined according to the valid price lists of the operator at the time of contract conclusion, the corresponding value added tax and the transport-related costs will be added to all prices upon their charging. The costs related to the sending are determined according to letter e);
d) The manner of delivery (place of delivery, delivery deadline): the ordered goods are dispatched via Geis CZ s.r.o. or Geis Parcel CZ s.r.o. within 3 working days from the receiving of the order. In case this concerns an order of goods that are unavailable in stock, the dispatch time may be longer while the purchaser will be informed by the operator about the expected time of dispatch. If this concerns the custom produced goods, the order is included in the custom production plan and the goods are made within the period of 4-6 weeks and subsequently immediately dispatched to the purchaser. The operator will communicate these facts to the purchaser immediately by phone or e-mail. The operator is entitled to extend the dispatch periods by the necessary time in case unforeseen events occur. The purchaser will be immediately informed by e-mail or phone about a possible longer dispatch period. The manner of payment is according to the purchaser’s choice in the form of cash on delivery (i.e. the purchaser pays to the carrier for the goods upon their takeover) or via an advance payment to the bank account. When choosing another manner of payment than in the form of cash on delivery, the goods dispatch period begins to run on the day of their payment, i.e. the day of crediting the financial means for the goods and the dispatch-related costs to the bank account of the operator;
e) Goods delivery is paid by the operator; the purchaser is obliged to pay other costs related to the sending in the following amount:
With goods orders over CZK 2,000.00
- Packaging CZK 20.00
- Advance payment to the account CZK 0.00
- Cash-on-delivery payment CZK 50.00
With goods orders up to CZK 2,000.00
- Packaging CZK 50.00
- Advance payment to the account CZK 0.00
- Cash-on-delivery payment CZK 50.00
The amounts stated here are excl. VAT.
f) The operator bears the responsibility for the defects of the delivered goods determined by the law. The operator is responsible to the purchaser that the object has no defects upon takeover. The purchaser is entitled to apply the right from a defect that occurs with heating elements within the period of 6 months and with electric appliances within the period of 24 months from the takeover. Should the object have defects, the purchaser may also require the delivery of a new object without defects, unless it is inadequate due to the nature of the defect, but if the defect only applies to a component of the object, the purchaser may only require a replacement of the component; if it is not possible, he can withdraw from the contract. However, if it is inadequate due to the nature of the defect, especially if the defect can be removed without unnecessary delay, the purchaser has the right to defect removal free of charge. The purchaser has the right to the delivery of a new object or replacement of a component even in case of a removable defect if he cannot use the object properly due to a recurring defect after the repair or due to a larger number of defects. In such a case, the purchaser also has the right to withdraw from the contract. Should the purchaser not withdraw from the contract or apply the right to the delivery of a new object without defects, the replacement of its component, or the repair of the object, he can require an adequate discount. The purchaser has the right to an adequate discount also in case the seller cannot supply him with a new object without defects, replace its component, or repair the object as well as in case the seller does not execute remedy within an adequate period or if the execution of remedy would cause significant problems to the consumer.
The rights from the defect are applied with the operator and the purchaser is obliged to deliver the defective goods to the address of his registered office so that the defect can be assessed. In the notification on the arisen defect (complaint), the purchaser is obliged to state a description of the defect and the manner and conditions of its effects;
g) The contract is concluded for a single supply;
h) and i) The data according to these legal provisions is not provided with regard to the subject of the contract.
The operator furthermore communicates to the purchaser in accordance with the provision of Section 1820 par. 1 of Law No. 89/2012 Coll., Civil Code, the following information:
a) For the use of the remote communication means, no costs are needed that would differ from the basic rate;
b) The ordered goods are not paid using a down payment. The purchase price is paid in the manner selected by the purchaser, namely via cash on delivery upon the takeover of the goods or by a transfer to the operator’s bank account;
c) Because the contract is not concluded for an indefinite period or repeated supply, the legal information required under this letter is not provided;
d) The purchaser has the right to withdraw from the contract without stating a reason within the period of 14 days from the day of goods takeover, in case of concluding a contract the subject of which are several types of goods or the delivery of several parts where the purchaser takes over the last goods delivery. For the purposes of applying the right to the withdrawal from the contract, the purchaser is obliged to inform the operator about his withdrawal from this contract in the form of unilateral legal action (e.g. a letter sent via an operator of postal services, fax, or e-mail). In order to observe the period for withdrawal from this contract, it is sufficient to send the withdrawal from the contract before the expiry of the corresponding deadline.
Consequences of the withdrawal from the contract:
If the purchaser withdraws from the contract, all payments received by the operator will be returned to him without unnecessary delay, within 14 days from the day when the operator received the notification of withdrawal from the contract, at the latest, including the delivery costs (except of additional costs arisen due to the manner of delivery chosen by the purchaser that is different from the cheapest manner of standard delivery offered by the operator). The same payment means will be used for returning the payments that the purchaser used for performing the initial transaction, unless the purchaser expressly determined otherwise, while further costs will not arise to the purchaser by that. The payment will be returned only after receiving the returned goods, at the earliest, or if the purchaser proves that he has sent the goods back, whichever occurs earlier. The purchaser is obliged to send the goods back to the operator without unnecessary delay, within 14 days from the day when the withdrawal from this contract took place, at the latest. The deadline is considered preserved if the goods are sent back before the lapse of 14 days;
e) In case of withdrawal from the contract, the purchaser bears the direct costs related to the returning of the goods. The purchaser is responsible for the decrease of the value of the goods due to the handling of these goods in a manner different from the one necessary for learning the nature and properties of the goods, including their functionality;
f) The data according to this legal provision is not provided with regard to the subject of the contract;
g) The bodies of national supervision or oversight authorised to deal with consumer complaints are: Czech Trade Inspection Authority, with registered office Stepanska 567/15, Prague 2 and the locally corresponding trade authorities – for the operator’s registered office, the Trade Authority in Hlinsko is the corresponding one.
Furthermore, the operator communicates the following information to the purchaser in accordance with the provision of Section 1826 of Law No. 89/2012 Coll., Civil Code:
a) The contract will be stored with the operator who will provide it to the purchaser for viewing in case of a request;
b) The contract can be concluded in the following languages: Czech and English;
c) The technical steps for concluding the contract are as follows:
The purchaser will complete the form of the binding order of goods (if he agrees with the business terms and conditions of the operator, the complaint rules, the provision of personal data for processing and administration, and the sending of the commercial communications via electronic mail) and send it to the operator via the e-shop. The operator will subsequently confirm the receipt and acceptance of the order to the purchaser vie an e-mail message to the e-mail address stated by the purchaser;
d) The possibilities of finding and correcting errors arisen when entering the data before submitting the order are as follows: correction possible within 24 hours.
The operator informs the purchaser that within the scope of the goods presentation, it is not a catalogue offer and therefore it is not an offer for concluding a contract. The contract of purchase is concluded at the moment when the operator announces to the purchaser the acceptance of the order (or a part of the order) or at the moment of the takeover of the ordered goods by the purchaser, therefore the application of the provision of Section 1732 par. 2 of Law No. 89/2012 Coll., Civil Code, is expressly excluded.
Information for Consumers:
We hereby inform the consumers pursuant to the provision of Section 14 of Law No. 634/1992 Coll., on consumer protection, that the factually corresponding subject for out-of-court dispute resolution in connection with the services or products offered, provided, sold, or mediated by us is the Czech Trade Inspection Authority, web: adr.coi.cz.
Furthermore, in accordance with the Ordinance of the European Parliament and Council (EU) No. 524/2013 on the resolution of consumer disputes on-line, we inform the consumers that if the contract is concluded on-line, the consumer may utilise the platform for online dispute resolution that is established by the European Commission at the address http://ec.europa.eu/consumers/odr/.