1.1 These terms and conditions ("Terms") from е-shop Darkstreet.biz (referred to as "Seller" below) shall be governed by § 1751 para. 1 BGB mutual rights and obligations of the parties in connection with or arising from the purchase agreement (the "purchase Agreement") between the seller and any other person or entity concluded (hereinafter "Buyer") through the online shop of the seller. Internet business is operated by the seller on the internet at www. Darkstreet.biz (hereinafter referred to as "Web-based commerce") through web interface.
1.2 These Terms and Conditions govern the rights and obligations differently for buyers who (hereinafter referred to as "buying consumer") in relations with the seller as a consumer to stand, and for buyers in their relations with the seller as an entrepreneur (in referred to as "Business Buyer") are. Is regarded as the buyer to every person who acts outside their professional or outside independent exercise of their profession in a contract with a contractor or otherwise for the consumer. For the buyer entrepreneurs all persons who are not consumers as buyers apply. If these conditions govern certain rights jointly and consistently for the consumer buyer and the buyer is a company, the businessman buyer and the buyer is consistently referred to as "Buyer".
1.3 Terms and Conditions apply to the rights and obligations of the parties removed at www in the use of the website of the seller. darkstreet.biz (the "Website") and other related legal relations.
1.4 Provisions that may be agreed in the purchase agreement on the conditions. Diverging provisions in the Treaty on the trading conditions prevail.
1.5 Provisions of the conditions are an integral part of the sales contract. Purchase agreement and the terms and conditions are written in Czech. The purchase contract can be concluded only in Czech language.
1.6 The Terms and Conditions may be changed by the seller. This provision shall not affect the rights and obligations under the term of the current version of the Terms and Conditions.
2.1 With the entry of the buyer on the site, the buyer can access the user interface (the "Account"). From your user account, the buyer can order goods. Buyers can also order goods without registration directly from the web interface business.
2.2. If you register on the site and order goods, the buyer is obliged to correct and true information. The data of the purchaser named in the user account is required for each change to update. The data given to the purchaser account and ordering of goods by the seller shall prove to be correct.
2.3 Access to the account will be secured by a user name and password. The buyer is obliged to disclose information which keep the user's account access to and acknowledges that Seller is not liable for the violation of this obligation by the buyer.
2.4 The Buyer shall not permit the use of a user account to a third party.
2.5 The seller can delete a user account, especially if the buyer to your account for more than two years of non-use or if the Purchaser of its obligations under the purchase contract (including the General Conditions).
2.6 The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software manufacturers, or. necessary maintenance of the hardware and software of third parties.
3.1 All merchandise presentation in the web interface of trade is indicative and seller is not obliged to conclude a sale on this product. The provisions of § 1732 para. 2 of the Civil Code does not apply.
3.2 The web interface provides a list of merchandise, including the prices of individual goods presented. The seller reserves the right presented small changes to the specifications or the appearance of products on the web interface business. Goods prices are inclusive of VAT and all associated costs. The prices of the goods shall remain in force as long as it appears on the web interface business. This provision is not limited to the seller conclude a contract negotiated individually.
3.3 The Store web interface also includes information on the costs associated with the delivery of goods are connected. Information on the costs associated with the delivery specified in the web interface of trade goods connected applies only in cases where the goods in the territory of the EU.
3.4 To order goods, the buyer fills an order form in the web interface business. Particular order form contains information about:
• goods ordered (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
• Method of payment of the purchase price and the details of the method of delivery of the goods ordered,
• Buyer, incl. Phone and e-mail connection,
• costs associated with the delivery of the goods are connected if they made to the Buyer
(hereinafter referred to as the "Order").
3.5 Before submitting the order to the seller, the buyer should to check and modify data brought to the buyer, including the buyer's ability to detect and correct errors during data entry in the order. The order will send the Purchaser, click "Finish the order". The data specified in the order by the seller are correct. The seller after receiving your order will send the buyer an order confirmation e-mail and e-mail address of the buyer in the UI or in the order provided (hereinafter referred to as "electronic address of the purchaser"). The contractual relationship between the seller and buyer there is delivery of the order confirmation to the buyer.
3.6 Seller shall be entitled at any time, depending on the nature of the order (quantity of goods, price, estimated shipping cost) to ask the buyer (in writing or by telephone, for example) for additional confirmation.
3.7 Seller shall be entitled to terminate the contract without giving any reason until the date of shipment of the ordered goods to the buyer, or the moment you get to withdraw the case from personal collection ordered goods. In the event that the buyer to pay a portion or the entire amount of the purchase price, this amount will be transferred back to his account or address as soon as possible.
3.8 The Buyer agrees to the use of telecommunication technology in the contract of sale. Costs (cost of Internet access, telephone costs) owed by the buyer to the buyer in the use of means of distance communication in connection with the contract of sale.
3.9 National regulations virtually all states allow participants to international trade and make a selection right the contract so-called right choice. Choice of law means identical will of the particular legal relationship, that their relationship is governed by specific legislation. Choice of Law and approved before the law no. 97/1963 Coll., On International Private and Procedural Law (CMP) in § 9 of the law of obligations and contracts in § 16 of the employment contract, in other respects a choice of law is excluded.
CMP rules for determining the applicable law currently applies only to the front of the 1st 7, 2006, made contractual relationships.
Take precedence over the provisions of a CMP 1. 7, 2006, provisions of the Rome Convention on the law applicable to contractual obligations from 1980 (no. 64/2006 Sb.ms).
In accordance with Article 3 of the Treaty is the subject of the parties to the following conditions chosen right:
- Choice of law must be expressed or demonstrated with reasonable certainty by the terms of the contract or the circumstances of the case,
- Choice of law can be carried out for the whole contract or any part thereof,
- Choice of law can be changed anytime by the parties. The parties are not in the choice of law only the law of the Member States of the European Union, but they may have the right to choose non-Member State.
Participants may make the election, the election of a general law of a State or special legislation.
3.11 This Agreement is governed by Czech law.
3.11 Although anyone can buy our products, you must be at least 18 years of age to purchase weapons (ie knives, laser, taser, etc.) of Darkstreet.biz. Some products from our assortment May not be legal in your country. Please check before Completing the order, Whether possession of the defensive device is in your country legally and did you do not break the law of your country. The buyer has bought of solely responsible for Identifying and Complying with all applicable local, state, federal and international laws Regarding the possession and use of any item from Darkstreet.biz.
3.12 Darkstreet.biz is not liable for the misuse of any product purchased from us or one of our suppliers or dealers4. The purchase price and terms of payment
4.1 Price of the Goods and all costs associated with the delivery of goods, the buyer can pay the seller under the contract the following ways:
• cashless payment card
• bank transfer to the bank account of the seller (Hereinafter referred to as "Seller Account").
4.2 The purchase price, the buyer is required, the costs associated with the delivery of the goods return shipping costs under. Unless expressly stated otherwise, the purchase price includes the cost of delivering the goods are connected.
4.3 In the event of non-cash payment, the buyer is obliged to refund the purchase price of the goods together with the variable symbol specified in the order confirmation Payment. In the case of cashless payment from the buyer to pay the purchase price at the time met the appropriate amount to the seller's account.
4.4 Seller shall be entitled on the type of order (quantity of goods, price, estimated transportation costs, etc.), payment of the full purchase price before sending the goods to the purchaser require ever. In this case the purchase price in half (10) working days after receipt of the invitation vendor for further confirmation of the order buyer.
4.7 Any discounts the price of the goods by the seller to the buyer can not be combined.
4.8 The tax document - invoice issued by the seller to the buyer after payment of the price of the goods and electronically to the e-mail address of the buyer. Seller neje payer of VAT.
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things can not resign:
5.1.1. required under the contract for the supply of goods that have been modified, as by the buyer or his person,
5.1.2. under the contract for the supply of goods subject to rapid deterioration, as well as goods had been delivered irretrievably mixed with other goods,
5.1.3. from the contract for the supply of sealed goods which it is not possible consumer unsealed for hygienic reasons, return,
5.1.4. under the contract for the supply of audio or video recordings or computer program, if violated their original packaging.
5.2 If this is not according to Art. 5 and about other cases where you can not withdraw from the contract is the case, the buyer may 1829, paragraph according to §. 1 of the Civil Code, the right to cancel the contract within fourteen (14) days from receipt of goods if the contract of sale are several types of goods or the supply of several parts, that period shall run from the date of receipt of the last delivery of the goods. The cancellation of the contract must be submitted within the period referred to in the preceding sentence seller. To rescind the contract, the buyer may, after the pattern of the seller to use the terms in the Appendix.
5.3 The cancellation of the contract, the buyer may, inter alia,
5.3.1. Send the seller an email address: email@example.com
5.4 In case of withdrawal from the contract under Art. 5 terms and conditions of the purchase contract from the beginning.
5.5 The goods must be returned to the Seller within fourteen (14) days after the withdrawal of the seller. If the buyer cancels the contract, the purchaser shall bear the cost of returning the goods to the seller, even in the event that the goods are not available due to their condition will be returned by post.
5.6 In case of withdrawal pursuant to Art. 5 business conditions are the seller by the buyer within fourteen (14) days after the withdrawal in the same way that the seller from the buyer received the contract the buyer Fund. The seller is also entitled to return the performance by the buyer at the time of returning the goods by the buyer or not, unless the buyer to arrange and create no additional cost to the buyer. If the buyer cancels the contract, the seller is not required to get to the buyers before returning buyer of goods or prove that the goods to the seller sent funds.
5.7 Claims for damage to the goods caused, the seller prior to unilaterally against claims by the purchaser for the refund of the purchase price. In case of withdrawal from the contract, the consumer is offered entitled to reimbursement of transport in the lowest amount (- for example, express courier, even if individuáně agreed expensive modes of transport) to.
5.8 Until receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case the seller is the purchase price to the buyer immediately revert bank transfer to an account of the buyer.
6.1 In the case of negotiated that the method of transport is based on a requirement of the customer, the customer bears the costs associated with the selected traffic.
6.2 If the seller under the purchase agreement has to deliver the goods at the buyer in the order given place, the buyer is obliged to accept the goods on delivery.
6.3 In the case of taking the goods from the carrier, the buyer deficiencies is obliged to check the integrity of the packaging and shipping for the case without delay to the carrier. In case of injury reunification package indicative of the penetration into the broadcast buyer must not care consignment from the carrier.
7.1 The rights and obligations of the buyer is a company in respect of the Seller's liability for defects shall be governed by the relevant legislation (in particular the provisions of § 2099 et seq. Of the Civil Code).
7.2 The rights and obligations of the buyer is a consumer are governed reference is made to the Seller's liability for defects, including the warranty of the Seller by the following paragraphs of this Article and the relevant legislation (in particular the provisions of § 2161 et seq. Of the Civil Code).
7.3 Seller shall be responsible for delivery to the consumer that the product defects. In particular seller is responsible consumers that took on the purchase of consumer goods ::
• Goods are qualities that negotiated by the parties, and the absence of an agreement, has such a
• Features that the seller or producer or purchaser is expected given the nature of the goods and on the basis of advertising carried out by them describe
• the goods for the purpose, the seller says that its use or to which the goods of this type are usually thought
• corresponds to the quality of goods or performance of the agreed sample or template if it determines quality and performance in line with the agreed pattern or model,
• the goods in the right quantity, size or weight and
• the goods comply with the legal requirements.
7.4 Article. 7.2 Terms and Conditions aforementioned provisions do not apply to goods sold at a lower price indebtedness on which the discount was negotiated in order to apply wear due to its frequent use for defects caused by use in used goods or carry on receipt of the goods consumers should a buyer or if it is found that the nature of the product.
7.5 In the event that there is a defect, it shall, within six months of receipt that the goods were defective at the time of the acquisition.
7.6 The consumer buyer is entitled to exercise the right of defects occurring during the period of 24 months from acceptance in consumer products.
7.7 The buyer has no right of service disruptions caused when an error on the risk of damage to the goods to the buyer external event. This does not apply if the defect caused by the seller. Consumer Buyer acknowledges that his right to performance problems arise primarily in cases in which damages the immune maintenance or failure to follow the instructions for how to fulfill cases, and where there was property damage after the improper handling of the product, buyer is a consumer hit.
7.8 It does not matter if the characteristics of the article stated 7.2 terms, consumer buyer may require the supply of new things correctly, unless there is a disproportionate lack, but if the error is only part of the case concerns, the buyer can consumers only need spare parts. if this is not possible, he may withdraw from the contract. If, however, due to the disproportionate nature of the defect, especially if you want to create the defect immediately remedy the buyer is entitled to a free repair.
7.9 The right to deliver new things, or spare parts for the buyer is also in the case of AC fault if they do not properly use what. For recurring defects or for a larger number of defects In this case, the customer is entitled to withdraw from the contract.
10.7 Unless require the buyer from the contract or not, when to deliver the right to new things without defects, replacement of parts or repairing things, an appropriate discount. Consumer Buyer has the right to an adequate discount, even if the seller fails to deliver its new product without defects, replace or repair the part of the thing, and if the seller fails to remedy within a reasonable time, or that would be for consumers Remedy rise to considerable difficulties.
7.11. Of poor performance of consumer purchaser not apply if the consumer buyer before accepting what he knew, what has a defect or if the buyer he has caused a defect.
7.12. If one thing defect from which the seller agrees, and if it will be sold to the matter at a cheaper price on a used item, the buyer is the right place to share things right to an adequate discount.
7.13. The rights of power disturbances are applied at the headquarters of the seller, unless the warranty certificate indicated otherwise. Consumer buyer is obliged to maintain your sales receipt or warranty card, tag and specify the deficiencies to describe their symptoms, and the functionality of things. At the same time, the seller is bound to set the right of poor performance to inform. The option is selected, the buyer may only be amended with the consent of the seller. This does not apply if the buyer asked for the repair of defects that are not proving again. If the seller does not remove deficiencies within a reasonable time, or the buyer that is not corrected, the buyer may require the removal of defects instead of a reasonable discount on the purchase price or cancel the contract.
7.14. The seller is obliged consumer purchaser subject to written confirmation that the buyer has the right to apply what the contents of the complaint and the method of claim handling buyer is obliged further confirmation of the date and method of settling the claim, including confirmation of repair and its duration, or a written explanation for the denial of the claim.
7.15. The seller is obliged consumer purchaser subject to written confirmation that the buyer has the right to apply what the contents of the complaint and the method of claim handling buyer is obliged further confirmation of the date and method of settling the claim, including confirmation of repair and its duration, or a written explanation for the denial of the claim. Seller or authorized officer shall immediately on the claim within three working days to decide in complicated cases. This period is sufficient time a product or service for evaluation of defect are required. Claims, including the removal of defects must be settled immediately, within 30 days after the claim, unless the seller and the consumer buyer agree on a longer period. After this period, a fundamental breach of contract will be considered.
8.1 The Buyer acknowledges that the software and other components of the Web Store (including photographs of the goods offered) are protected by copyright. Buyer undertakes no activity, allow him or allow third parties to disrupt illegal or contain software or other content the web interface business would get involved.
8.2 The Buyer shall not be entitled to use the Web interface to use trade mechanisms, software or other processes that could have a negative impact on the operation of the web interface business. Web shop can only to the extent that it can not be used at the expense of the rights of other buyers and sellers, which is with its purpose.
8.3 Seller 1 point is not in relation to the purchaser of rules of conduct within the meaning of § 1826 para. Bound. e) of the Civil Code.
8.4 Buyer acknowledges that Seller is not liable for errors resulting. From the interference of third parties on the Website or through the use of the site is contrary to their purpose
8.5 The Buyer agrees to the rescue like this. Cookies on their computer. In the event that the purchase on the site can be made and obligations of the seller to perform the contract of sale on your computer buyer, without storage case. Biscuits, the buyer may be a ways at any time in the preceding sentence.
8.6 The Seller shall be entitled to sell the goods to a merchant. Trade regulation is carried out within the framework of their respective trade office. Supervision exercised by the Office for privacy protection of personal data. Czech Trade Inspection results in the specified range, including the monitoring of compliance no. Of Law 634/1992 Coll., About consumer protection, as amended. These authorities are entitled to hear any complaints about the seller.
9.1 Privacy purchaser who is a natural person, Provided by Law 101/2000 no. Coll., On protection of personal data, as amended.
9.2 The buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address and phone number (collectively referred to as "personal data").
9.3 The buyer agrees to the processing of personal data by the seller for the purpose of realization of the rights and obligations under the contract and for the purpose of maintaining a user account. If the buyer does not select a different option, the processing of personal data by the seller as well as the sending of advertising messages and information purposes to the buyer. Consent to the processing of personal data in full accordance with this Article is not a condition that alone would make it impossible for the contract.
9.4 Buyer acknowledges that require personal information (when logging in to your account or ordering from the web interface of the shop) correctly and truthfully and promptly notify the supplier of a change in their personal data.
9.5 Processing of personal data by the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods and personal data management accounting vendor will not be disclosed without the prior consent of the buyer to third parties seller. This does not affect the right of the seller to transfer personal information of the buyer in connection with an assignment to stop or enforcement of a claim against the buyer, as well as other dealing with this claim.
9.6 Personal data will be processed for an indefinite period. Personal data will be processed electronically not automated in an automated manner or in printed form.
9.7. Buyer acknowledges that personal information is accurate and that he pointed out that they voluntarily disclose personal information. The purchaser claiming that the consent dependent delivered to the processing of personal data related to the seller by notice to the address of the seller.
9.8 In the event that the buyer thought that the seller or processor (Art. 9.5) the processing of his personal data that is not contrary to the protection of privacy and personal life of the customer or the law, especially if the personal data are incorrect regarding the purpose of the processing, you can:
• ask the seller or processor for an explanation,
• by the seller or the processor to remedy the situation. In particular, it can block, correct, amend or liquidation of personal data. If the buyer's request was justified under the preceding sentence, remove the seller or the processor while. If the seller is unable or processor, the buyer has the right to appeal directly to the Office for Personal Data Protection. This provision shall not affect the right of the buyer on his initiative to the Office to take for the protection of personal data.
9.9 If the buyer wants information about the processing of their personal data, the seller must provide this information. Seller has the right information that provides in accordance with the preceding sentence, no longer require a fair return on the cost of providing the necessary information.
9.10 The buyer agrees to receive information about products, services, or companies, the e-mail address of the purchaser in connection with the seller and accept the commercial operator in E-mail address of the purchaser obtained. The buyer is entitled to refuse consent at any time.
10.1 If the relationship with the use of the site or the legal relationship of the contract are connected, an international (foreign) element, the parties agree that the relationship of Czech law.
10.2 The legal relationship between the seller and the buyer of the terms and conditions expressly regulated primarily the Civil Code.
10.3 Should be invalid or ineffective provisions of these General Terms and Conditions, or as is the case, replace the invalid provision a provision, the meaning of the invalid provision as closely as possible. The invalidity or unenforceability of any provision shall be without prejudice to the other provisions. Changes and additions to the contract of sale or terms and conditions in writing.
10.4 The contract conditions including archived in electronic form by the seller and the buyer is not accessible.
10.5 On 11.11.2019, according to the contract of sale and purchase 099/2017, e-shop darkstreet.biz becomes the property of the company QVARKOM s.r.o.