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    Business terms and conditions

    Page content:

    1. General Terms and Conditions for Consumers

    2. Complaints Procedure for Consumers

    3. General Terms and Conditions for Entrepreneurs and Legal Entities

    4. Complaints Procedure for Entrepreneurs and Legal Entities

    General Terms and Conditions for Consumers

    These general terms and conditions (hereinafter referred to as the "Terms and Conditions") apply to contracts concluded through the MAGSY online store located on the web interface www.magneticseparators.eu  (hereinafter referred to as the "web interface") between

    our company:

    MAGSY, s.r.o., with its registered office at Holešovská 457, 763 16 Fryšták, Czech Republic, ID No.: 26230224, registered in the Commercial Register maintained by the Regional Court in Brno, File No. C 38124, address for delivery: Holešovská 457, 763 16 Fryšták,

    VAT ID: CZ26230224

    registered: in the Commercial Register maintained by the Regional Court in Brno under file no. C 38124

    address for delivery: Holešovská 457, 763 16 Fryšták

    telephone number: +420 577 220 497, Mon-Fri 7:00 a.m.-3:30 p.m.

    fax: +420 577 019 097

    contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz

    as the seller

    and you as the buyer.

    1. INTRODUCTORY PROVISIONS

    1.1. Summary of the content of the terms and conditions

    By entering into a purchase agreement, we undertake to deliver the goods specified in the order to you, and you undertake to accept these goods and pay us the purchase price. In order to conclude the agreement, you must place an order and we must accept it (in accordance with Article 2). Information on prices can be found in Article 3. Possible methods of payment and delivery can be found in Articles 4 and 5. Information on the possibility of withdrawing from the contract after taking delivery of the goods is provided in Article 6. Complaints are governed by our Complaints Procedure .

    1.2. Is this a consumer contract?

    This is a consumer contract if you are a consumer, i.e. if you are a natural person and are purchasing the goods outside the scope of your business activities or outside the scope of your independent professional activities. Otherwise, this is not a consumer contract and you are not entitled to consumer protection under the law and these terms and conditions.

    1.3. What governs our mutual rights and obligations?

    First and foremost, the contract, which consists of the following documents:

    - these terms and conditions, which define our mutual rights and obligations;

    - Complaints Procedure , which we will follow when handling complaints about goods;

    - the Personal Data Protection Policy, which governs the protection of your personal data;

    - the terms and conditions and instructions provided on the website, in particular when concluding a contract;

    - the order and its acceptance by us,

    and in matters not covered by the contract, our mutual rights and obligations are governed by Czech law, in particular the following legal regulations:

    - Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code");

    - Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).

    If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you agree that our relationship shall be governed by Czech law. If you are a consumer and the legal system of your country of residence provides a higher level of consumer protection than Czech law, you are entitled to this higher level of protection.

     

    1.4. How do you express your consent to the terms and conditions?

    By sending your order and confirming it on the website, you confirm that you have read and agree to these terms and conditions.

    1.5. What else should you know about the terms and conditions?

    If any provision of these terms and conditions is invalid, ineffective, or unenforceable (or becomes so), it will be replaced by a provision that most closely approximates its meaning. This does not affect the validity of the remaining provisions.

    We may change or amend the terms and conditions. Your rights and obligations are always governed by the version of the terms and conditions that was in effect when they were created. We will send you the text of these terms and conditions together with our acceptance of your order.

    The terms and conditions may only be amended or supplemented in writing.

     

    2. PURCHASE AGREEMENT

    2.1. How do we conclude a purchase agreement?

    To conclude a contract, you must send an order in accordance with these terms and conditions and we must accept this order. Please note that the presentation of goods on the website is for informational purposes only and does not constitute an offer to conclude a contract within the meaning of Section 1732(2) of the Civil Code.

    2.2. How to place an order?

    You can always place an order via the website (by filling in the form) or in another way that we allow according to the information on the website. The order must contain all the information required in the form.

    Before sending the order via the order form, you will be provided with a summary of the order, including the final price (including all taxes, customs duties, and fees). The summary provides you with a final opportunity to change the information you have entered.

    You place a binding order by clicking on the "Order with obligation to pay" button, thereby committing yourself to pay the purchase price in full. We consider the information provided in the binding order to be correct and complete. Please inform us immediately of any changes by telephone or e-mail.

     

    2.3. How to place a non-binding order?

    You can also send a non-binding inquiry about the offered goods via the web interface, by email, or by other means that we allow according to the information provided on the web interface. In this inquiry, please specify any specific requirements for the goods, especially if you are interested in manufacturing or customizing the goods to suit your needs.

    We consider the information provided in the non-binding inquiry and in subsequent communication to be complete and correct, and we will prepare our offer based on this information.

    After sending a non-binding inquiry, we will provide you with our offer (by phone or email) containing, in particular, information about the price of the goods.

    The offer will also include a summary of your request, including the attached terms and conditions. The summary gives you a final opportunity to change the information you have provided. You must inform us of any changes before sending a binding order.

    If you agree to the terms and conditions set out in our offer, you can then place a binding order by email or telephone. Please note that the contract is only concluded once we have accepted your order.

    2.4. Can you cancel or change an order that has already been placed?

    You can cancel or change an order that we have not yet accepted by phone or email. All orders accepted by us are binding. Later cancellations or changes to orders are only possible with our agreement. If an order for goods that cannot be withdrawn from the contract (see Article 6 for details) is canceled in this way, we are entitled to reimbursement of the costs we have already incurred in connection with the contract.

    2.5. How do you know that we have accepted your order and when is the contract concluded?

    The purchase contract is concluded at the moment when you receive our order confirmation at the email address you provided in your order. If we do not receive your order, the contract is concluded at the moment when you take delivery of the ordered goods.

    2.6. Can I obtain a copy of the contract in text form?

    The documents forming the contract will be sent to you by email or, at your request, printed and sent by post. If sent by post, we may ask you to pay the associated costs.

    We archive the documents forming the contract in electronic form. The contract is not accessible to third parties.

    2.7. Ordering goods in quantities greater than those in stock

    If the buyer orders more items or goods in quantities greater than those in stock, the seller will notify the buyer of this fact without undue delay. The seller reserves the right to change the price for missing items; the seller will confirm the price together with the delivery date.

     

    3. PRICE

    3.1. Can the price on the website change?

    If the price listed for the goods on the website or during the ordering process is no longer current, we will notify you immediately. However, orders that have already been accepted are not affected by price changes that occur between the time the order is placed and the time it is accepted by us.

     

    In the event of an obvious technical error on our part when stating the price of goods on the website or during the ordering process, we are not obliged to deliver the goods to you at this obviously incorrect price due to the apparent nature of our legal action pursuant to Section 552 of the Civil Code, or due to an error pursuant to Section 571 of the Civil Code.

    3.2. Can discounts on the price of goods be combined?

    Any discounts on the price of goods cannot be combined, unless expressly stated otherwise on the website.

     

    4. PAYMENT TERMS

    4.1. What payment methods do we accept?

    You can pay the purchase price primarily in the following ways:

    - in cash upon delivery or personal collection;

    - by cashless payment by credit card upon personal collection;

    - by cashless payment by credit card or via a payment gateway prior to delivery of the goods;

    - by cashless payment prior to delivery of the goods by transfer to our bank account (instructions will be provided upon acceptance of the order).

    If you choose the "Advance payment" method of payment when ordering goods, you will be issued an advance invoice (letter) for payment of the advance payment in the amount of the total purchase price (payment instructions will be provided in the advance invoice), unless we expressly agree otherwise.

    Any other payment methods and any fees associated with certain payment methods are listed on the web interface.

    4.2. When is the purchase price due?

    In the case of cash payment, the price is due upon receipt of the goods. In the case of cashless payment prior to delivery of the goods, the price is due within five days of receipt of the order. In the case of cashless payment by transfer to our bank account on the basis of a tax document (invoice) or advance invoice, the price is payable on the due date stated in the tax document (invoice) or advance invoice. The price is paid when the relevant amount is credited to our bank account. If we do not receive the price by the due date, we reserve the right to withdraw from the contract.

    4.3. Can we request a deposit or advance payment?

    Please note that in accordance with Section 2119 (1) of the Civil Code, we are entitled to request that you pay the full price of the goods (or a deposit) before shipping or delivery.

    Please note that if you choose to pay by bank transfer and make the payment before we conclude the contract in accordance with section 2.5, this shall constitute an advance payment for the price of the goods. If the contract is subsequently concluded, the advance payment shall be offset against the price of the goods.

    4.4. How do we issue a tax document?

    By agreeing to these terms and conditions, you consent to us issuing a tax document in electronic form.

     

    5. DELIVERY TERMS

    5.1. How do we ship goods?

    The methods of delivery of goods, including the costs of delivery, are listed on the web interface. You can select the specific method of delivery in your order.

    The order will always include the final price, which already includes the costs of the selected shipping method.

    5.2. When will we deliver the goods to you?

    The delivery time always depends on the availability of the goods and the selected shipping and payment methods, but we will deliver the goods no later than thirty days after the conclusion of the contract. We also allow personal collection of goods at our headquarters. If you choose this method of delivery, we will inform you as soon as the goods are ready for collection, usually by telephone, e-mail or text message.

    However, we cannot influence the delivery time of goods by external carriers. In case of problems with the delivery time, please contact us and we will resolve the situation with the carrier.

    Goods that are in stock are usually shipped within two working days of receiving the order (for cash on delivery or personal collection), or from the moment the payment is credited to our account (for cashless payments before delivery).

     

    Goods that are not in stock are shipped as soon as possible. We will inform you of the exact date. For goods manufactured or modified at your request, the shipping and delivery time may be longer than for other goods, mainly due to our production capacity and current workload. In such a case, we will inform you of the delivery date.

    Delivery of goods under these terms and conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this shall not be considered a failure to deliver the goods on our part or a withdrawal from the contract on your part.

    You acquire ownership of the goods upon payment of the full purchase price, but not before you take delivery of the goods.

    5.3. How to proceed upon receipt of goods?

    Before accepting the goods, check the integrity of the packaging and the weight of the shipment. If, during this check, you find any defect in the shipment or any other discrepancy that may indicate damage to the goods or loss caused by the shipment, it is necessary to refuse to accept the shipment or at least request a written record of this fact from the carrier in advance. Otherwise, the shipment will be considered flawless and your subsequent complaints may not be taken into account. Therefore, if you discover such a defect in the shipment, always inform the carrier and us immediately. If you refuse to accept a shipment with such a demonstrable defect, this shall not be considered an unjustified refusal of the shipment.

    Upon receipt of the goods (or at the moment when you were obliged to take delivery of the goods but failed to do so in breach of the contract), responsibility for accidental destruction, damage or loss of the goods passes to you.

    When opening the shipment with sharp objects, please take care not to pierce the packaging and damage the contents of the shipment. Please always open the shipment with extreme caution.

    5.4. What happens if you do not accept the goods?

    If, for reasons on your part, the goods have to be delivered repeatedly or in a manner other than that agreed, you are obliged to pay the costs associated with such delivery.

    If you fail to accept the goods without reason, we are entitled to compensation for the costs associated with the delivery and storage of the goods, as well as any other costs incurred by us as a result of your failure to accept the goods.

    In the case of cash on delivery or personal collection, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the case of payment before delivery of the goods), we also have the right to proceed with the sale of the goods in accordance with § 2126 of the Civil Code.

    5.5. Minimum order value

    In our e-shop, you can only confirm your order if you have goods in your shopping cart with a minimum value of CZK 206.61 (excluding VAT).

     

    6. WITHDRAWAL FROM THE CONTRACT

    6.1. How can you withdraw from the contract?

    As a consumer, you may withdraw from the purchase contract without giving any reason within 14 days from the day on which you or a person designated by you took delivery of the goods from the carrier; or

     

    • the last item, if you ordered multiple items in a single order that are delivered separately,
    • the last item or part of a delivery consisting of multiple items or parts, or
    • the first delivery, if it is a regular delivery of goods for an agreed period.

    We recommend that you send the notice of withdrawal from the purchase contract to our delivery address together with the goods or by email and then immediately send the goods to our delivery address. You can use the sample form to withdraw from the contract.

    6.2. What are the consequences of withdrawing from the contract?

    Withdrawal from the contract cancels the contract from the start and it's treated as if it was never made, including any obligations from side contracts; this doesn't affect points 6.4 and 6.5.

    If you got a gift with the goods with your consent, the gift contract is canceled when either side withdraws from the contract.

    Please send the gift back to us together with the returned goods.

    6.3. How do you return the goods to us?

    You are obliged to return the goods to us within 14 days of withdrawal from the contract to our delivery address, to any of our establishments or to the address of our registered office. Do not send the goods cash on delivery, as we are not obliged to accept them.

    We recommend that you enclose the following with the returned goods:

    - a copy of the delivery note and invoice (if issued) or other proof of purchase of the goods;

    - a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund.

    Failure to submit any of the above documents does not prevent the positive processing of your withdrawal from the contract in accordance with the legal conditions.

    6.4. When will you get your money back?

    We will refund all funds received within 14 days of withdrawal from the contract. However, please note that we are not obliged to refund your money before you return the goods to us or prove that you have sent the goods to us.

     

    In addition to the purchase price, you are also entitled to a refund of the costs of delivery to you. However, if you have chosen a delivery method other than the cheapest one we offer, we will refund the delivery costs in the amount corresponding to the cheapest delivery method offered.

    We will refund you in the same manner in which we received the payment (unless you inform us otherwise within ten days of withdrawal from the contract and this does not incur any additional costs for you) or in the manner you request.

    The costs associated with returning the goods to our address are borne by you, even if the goods cannot be returned by regular mail due to their nature.

    6.5. What if the returned goods are damaged?

    When sending the goods, pack them in suitable packaging so that they are not damaged or destroyed.

    The goods may only be tried out to the extent necessary to familiarize yourself with their nature, properties, and functionality. If we find that the goods you have returned are damaged, worn, dirty, or partially used, you are liable for the reduction in value of the goods.

    6.6. When is it not possible to withdraw from the contract?

    In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from the following contracts, among others:

    - for the delivery of goods that have been modified according to your wishes or for your person;

    6.7. When can we withdraw from the purchase contract?

    We reserve the right to withdraw from the contract in the following cases:

    - we have not received the purchase price from you by the due date or you have not taken delivery of the goods;

    - the goods cannot be delivered under the original conditions for objective reasons (primarily because the goods are no longer manufactured, the supplier has ceased deliveries to the Czech Republic, etc.);

    - performance becomes objectively impossible or unlawful.

    If any of the above circumstances arise, we will inform you immediately of our withdrawal from the contract.

    If you have already paid the purchase price in full or in part, we will refund the amount received within five days of withdrawal from the contract, by bank transfer to the account you provide us for this purpose or from which you made the payment.

     

    7. RIGHTS FROM DEFECTIVE PERFORMANCE

    Your rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2158 and Sections 2174 of the Civil Code). When exercising your rights arising from defective performance, we will proceed in accordance with our Complaints Procedure.

     

    8. FURTHER INFORMATION FOR CONSUMERS

    8.1. What authorizations do we have to carry out our activities?

    We are authorized to sell goods on the basis of a trade license. Our activities are not subject to any other authorization.

    8.2. How do we handle complaints?

    We handle any complaints via our contact email. We will then look into the complaint and try to resolve it without undue delay after receiving it. You can also contact the relevant trade licensing office or the Czech Trade Inspection Authority.

    8.3. What are your rights in the event of a consumer dispute?

    If you are a consumer and a dispute arises between us from the contract that we are unable to resolve directly, you have the right to refer the dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce, Ústřední inspektorát - oddělení ADR, Štěpánská 15, 120 00 Praha 2; website: www.coi.cz, www.adr.coi.cz; email: adr@coi.cz; telephone: +420 296 366 360) or to the Association of Czech Consumers, z. ú. (address: Tř. Karla IV. 430, 500 02 Hradec Králové, website: www.konzument.cz, email: spotrebitel@regio.cz, telephone: +420 495 215 266) for the purpose of out-of-court settlement of a consumer dispute. You may exercise this right no later than 1 year from the date on which you first exercised the right that is the subject of this consumer dispute with us.

    To file a complaint regarding goods or services you have purchased from us and to find an alternative dispute resolution entity, you can also use the online platform established by the European Commission at: http://ec.europa.eu/consumers/odr/.

     

    9. REGISTRATION ON THE WEBSITE

    9.1. How can you register on the website?

    By registering via the registration form on the website, a user account is created. Keep your user account login details confidential. We are not responsible for any misuse of your user account by a third party.

    The information provided during registration must be true and complete. We may cancel any account created using false or incomplete information without compensation. If your details change, we recommend that you update your user account immediately.

    9.2. What is the user account for?

    Through your user account, you can primarily order goods, track orders, and manage your user account. Any additional features of the user account are always listed on the website.

    9.3. When can we cancel your user account?

    Please note that we have the right to cancel your user account without compensation if your account is used to violate good morals, applicable laws, or these terms and conditions.

    10. REVIEWS

    10.1. Who can add a review?

    All user reviews on the web interface are written by our real customers to whom we have delivered the goods they requested based on their order.

    Reviews can only be added after completing a purchase on the web interface via a link sent to the customer by email or via their user account on the web interface.

     

    10.2. How do we verify reviews?

    We verify each review before it is published. Only customers who have completed a purchase on the website can add a review.

    If we find that a review has been created by someone who has not made a purchase on the website, we are entitled to remove such a review or not publish it.

     

    11. COPYRIGHT PROTECTION, LIABILITY, AND USE OF THE WEBSITE

    11.1. Is the content of the website protected by copyright?

    The content of the website (including texts, including terms and conditions, photographs, images, logos, software, and more) is protected by our copyright or the rights of other persons. You may not modify, copy, reproduce, distribute, or use the content for any purpose without our consent or the consent of the copyright holder. In particular, it is prohibited to make photographs and texts posted on the web interface available free of charge or for a fee.

    The names and designations of products, goods, services, companies, and firms may be registered trademarks of their respective owners.

     

    11.2. Responsibility and use of the web interface

    We are not responsible for errors arising from third-party interference with the web interface or from its use contrary to its intended purpose. When using the web interface, you must not use procedures that could disrupt the functioning of the system or place an unreasonable load on the system.

    If you commit any illegal or unethical conduct while using the web interface, we are entitled to restrict, suspend, or terminate your access to the web interface without any compensation. In this case, you are also obliged to compensate us for any damage demonstrably caused by your conduct under this paragraph in full.

    Please note that clicking on certain links on the web interface may cause you to leave the web interface and be redirected to third-party websites.

     

    These terms and conditions are valid and effective from January 1, 2022.

     

    General Terms and Conditions for Entrepreneurs and Legal Entities

    These general terms and conditions for entrepreneurs and legal entities (hereinafter referred to as the "Terms and Conditions") apply to contracts concluded through the MAGSY online store located on the web interface www.e-shop.magsy.cz (hereinafter referred to as the "web interface") between

    our company:

    MAGSY, s.r.o., with its registered office at Holešovská 457, 763 16 Fryšták, Czech Republic, ID No.: 26230224, VAT No.: CZ26230224, registered in the Commercial Register maintained by the Regional Court in Brno, File No. 38124, address for service: Holešovská 457, 763 16 Fryšták, Czech Republic, contact email address: info@magsy.cz

    registered: in the Commercial Register maintained by the Regional Court in Brno under file no. C 38124

    address for delivery: Holešovská 457, 763 16 Fryšták

    telephone number: +420 577 220 497, Mon-Fri 7:00 a.m.-3:30 p.m.

    Fax: +420 577 019 097

    Contact email: e-shop@magsy.cz, objednavky@magsy.cz

    as the seller

    and entrepreneur or legal entity

    as the buyer

    (hereinafter jointly referred to as the "contracting parties").

    1. Introductory provisions

    1.1. The Terms and Conditions define and specify the basic rights and obligations of the Contracting Parties when concluding a purchase contract or other contract specified herein (hereinafter referred to as the "Contract") via the web interface.

    1.2. The provisions of the Terms and Conditions are an integral part of the contract. The contracting parties may agree on rights and obligations that differ from the Terms and Conditions. Any deviating agreements between the contracting parties shall take precedence over the provisions of the Terms and Conditions. The wording of the Terms and Conditions may be changed or supplemented by the seller. The rights and obligations of the contracting parties shall always be governed by the wording of the Terms and Conditions in force at the time they were established. The rights and obligations of the contracting parties shall also be governed by the Complaints Procedure for Entrepreneurs and Legal Entities, the Privacy Policy, and the terms and conditions and instructions provided on the web interface, in particular when concluding the contract. In matters not covered herein, the relations between the contracting parties shall be governed by legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code").

    1.3. These Terms and Conditions apply to buyers who are entrepreneurs and legal entities. These Terms and Conditions do not apply to contracts concluded with consumers, but rather the General Terms and Conditions for Consumers.

    1.4. The buyer acquires ownership of the goods upon payment of the full purchase price, but not before taking delivery of the goods.

    1.5. By sending the order, the buyer confirms that they have read these terms and conditions and agree with their content.

     

    2. Order and conclusion of the contract

    2.1. The website contains a list of goods, including a description of the main characteristics of each item. The presentation of goods on the website is for informational purposes only and does not constitute an offer by the seller to conclude a contract within the meaning of Section 1732(2) of the Civil Code. In order for the contract to be concluded, the buyer must send the order in accordance with these terms and conditions and the seller must accept the order.

    2.2. The buyer places an order via the web interface or by other means specified on the web interface or as agreed by the contracting parties. The order must always include the exact name of the goods ordered (or the numerical designation of the goods), the number of items, the selected method of payment and delivery, and the buyer's contact details (first and last name or company name, identification number, delivery address, telephone number, email address).. The buyer is obliged to prove that they are an entrepreneur by entering a valid identification number in the order.

    2.3. Upon receipt of a non-binding inquiry, the seller shall send the buyer an offer (by telephone, e-mail, or other agreed method) containing, in particular, information about the final price of the goods. If the buyer agrees to the terms and conditions proposed by the seller, they shall then place a binding order by email, telephone, or other agreed means.

    2.4. If the buyer cancels the order before it is accepted by the seller, the seller is entitled to reimbursement of the costs incurred in connection with the processing of the buyer's order.

    2.5. The seller is not obliged to accept an order received. An unaccepted order is not binding on the seller. The seller is entitled to contact the buyer to verify that the buyer is an entrepreneur and to verify the completeness, authenticity, and seriousness of the order. The seller may refuse an unverified order.

    2.6. Information about the receipt of the order is sent automatically and does not constitute acceptance of the order by the seller. The contract is concluded at the moment when the buyer receives information about the acceptance of the order by the seller.

    2.7. The buyer is not entitled to unilaterally cancel the accepted order and thus the concluded contract. An accepted order may be canceled at the buyer's request and the contract terminated only by agreement between the seller and the buyer.

    2.8. In the event of cancellation of an accepted order, and thus termination of the contract at the buyer's request and with the seller's consent, the seller is entitled to a cancellation fee of 50% of the price of the goods. If the seller has already incurred costs in connection with the contract, they shall also be entitled to reimbursement of these reasonably incurred costs in full.

    2.9. In the event that the buyer orders multiple items or a larger quantity of goods that are not in stock in the relevant number or quantity, the seller shall notify the buyer of this fact without undue delay. The seller reserves the right to change the price for missing items; the seller shall confirm the price together with the delivery date.

    3. Delivery terms

    3.1. The seller is obliged to deliver the goods to the buyer in the agreed manner, properly packaged and accompanied by the necessary documents. Unless otherwise agreed, the documents shall be provided in the Czech language.

    3.2. Based on an agreement between the contracting parties, the seller may arrange for the transport of the goods for the buyer and, if necessary, also insure the goods during transport. The buyer is obliged to pay the cost of transport and insurance according to the valid tariff. The delivery of the goods to the buyer is considered to be the handover of the goods to the first carrier. Upon delivery of the goods, the risk of damage to the goods passes to the buyer.

    3.3. The seller also allows delivery of goods by personal collection at the seller's registered office. If this method of delivery is agreed, the seller shall inform the buyer that the goods are ready for collection, usually by telephone,

    e-mail or text message.

    3.4. Before taking over the goods, the buyer is obliged to check the integrity of the packaging and the weight of the goods. If, during this check, the buyer discovers any defect in the packaging or any other discrepancy that may indicate damage to the goods or loss caused by transport, it is necessary to refuse to take over the goods or at least request in advance that the carrier issue a written record of this fact. If no written record of such a defect in the goods is made, the buyer loses any claims in this regard.

    3.5. The buyer's failure to accept the goods does not affect the seller's right to demand payment of the purchase price in full. In the event of non-acceptance of the goods by the buyer, the seller is entitled to reimbursement of the costs associated with the delivery and storage of the goods, as well as other costs incurred by the seller due to the non-acceptance of the goods. In the event of non-acceptance of the goods by the buyer, the seller also has the right to withdraw from the contract.

     

    4. Payment terms

    4.1. The buyer has the option of paying the purchase price for the goods to the seller in addition to the other methods specified on the website or individually agreed upon, using one of the following methods:

    - in cash upon delivery of the goods or upon personal collection;

    - by cashless payment card upon personal collection;

    - cashless by credit card or via a payment gateway before delivery of the goods;

    - cashless before delivery of the goods by transfer to the seller's bank account.

    If the buyer chooses the "Advance payment" method when ordering goods, an advance invoice (statement) will be issued for payment of the advance payment in the amount of the total purchase price (payment instructions will be provided in the advance invoice), unless otherwise agreed.

    The seller is entitled to refuse payment for the goods after delivery. This method of payment is usually reserved for regular customers. Unless otherwise agreed, the invoice is enclosed with the goods together with the delivery note.

    4.2. When paying in cash, the price is payable upon receipt of the goods. When paying by bank transfer, the price is payable within five days of receipt of the order, unless otherwise agreed by the contracting parties. In the case of cashless payment by transfer to the seller's bank account on the basis of a tax document (invoice) or advance invoice, the price is payable on the due date specified in the tax document (invoice) or advance invoice. The buyer's obligation to pay the price of the goods is fulfilled in the case of cashless payment at the moment the relevant amount is credited to the seller's account.

    4.3. If the due date is not met in accordance with these terms and conditions, the buyer may be charged interest on arrears at a rate of 0.5% of the amount due for each day of delay. This does not affect the seller's right to compensation for damages incurred as a result of the buyer's delay.

    4.4. In the event of the buyer's delay in paying the price of the goods, the seller is also entitled to suspend further agreed deliveries of goods until all the buyer's due debts have been paid.

    4.5. Payment for goods is possible in Czech crowns (CZK).

    4.6. By agreeing to these terms and conditions, the buyer agrees to the issuance of a tax document in electronic form. At the seller's discretion, the tax document may also be attached to the goods and delivered with the goods.

     

    5. Withdrawal from the contract

    5.1. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price already paid by the buyer to the buyer by bank transfer to the account specified by the buyer for this purpose or to the account from which the funds were transferred to pay the purchase price (unless the buyer provides the seller with another account within 5 days of withdrawal).

    5.2. The seller is also entitled to withdraw from the contract if the buyer is in default with payment of the purchase price of the goods for more than 4 weeks. In this case, the seller is also entitled to a contractual penalty of 50% of the price of the goods, payable on the first day after the claim for this contractual penalty arises. The seller's claim for compensation for damage incurred as a result of the buyer's delay shall not be affected.

    5.3. The buyer is entitled to withdraw from the contract if the seller is in default with delivery of the goods for more than 4 weeks from the agreed delivery date.

    5.4. The buyer is not entitled to withdraw from the contract for goods that have been delivered properly, on time and without defects.

    5.5. Withdrawal from the contract must be made in writing and, in the case of contracts concluded electronically, also electronically. Withdrawal from the contract is effective upon delivery of the notice of withdrawal to the other party.

    5.6. In the event of withdrawal from the contract, the buyer is obliged to return the goods already received to the seller no later than 10 days from the effective date of withdrawal from the contract. The seller is not obliged to return the price of the goods to the buyer before the goods are returned to the seller after withdrawal from the contract.

    5.7. If a gift was provided together with the goods, the gift contract shall cease to be effective upon withdrawal from the contract by either party.

     

    6. Rights arising from defective performance

    6.1. The conditions for exercising rights arising from defective performance and warranty liability are governed by the Complaints Procedure for Entrepreneurs and Legal Entities of the Seller.

     

    7. Protection of the seller's trade secrets and business policy

    7.1. During the negotiation of the contract and its performance, the buyer may be provided with information that is marked as confidential or whose confidentiality is apparent from its nature. The buyer undertakes, in particular, not to:

    - disclose such information as confidential;

    - not disclose it to any other person without the Seller's consent;

    - not use it for any purpose other than the performance of the contract;

    - not use it in any other harmful manner.

    7.2. Furthermore, the Buyer undertakes not to make copies of the documents provided to it by the Seller without the Seller's consent.

     

    8. Registration on the web interface

    8.1. A user account is created by registering via the registration form on the web interface. The buyer is obliged to keep the access data to the user account secret. The seller is not responsible for any misuse of the user account by a third party.

    The information provided during registration must be true and complete. The Seller may cancel an account created using false or incomplete information without compensation. In the event of changes to the Buyer's information, the Seller recommends that the Buyer immediately update their user account.

    8.2. Through their user account, the Buyer can primarily order goods, track orders, and manage their user account. Any additional functions of the user account are always listed on the website.

    8.3. The seller has the right to cancel the buyer's user account without compensation if the buyer's account is used to violate good morals, applicable laws, or these terms and conditions.

     

    9. Copyright protection, liability, and use of the web interface

    9.1. The content of the web pages located on the web interface (texts, including the terms and conditions, photographs, images, logos, software, and other content) is protected by the Seller's copyright or the rights of other persons. The buyer may not change, copy, reproduce, distribute or use the content for any purpose without the consent of the seller or the copyright holder. In particular, it is prohibited to make photographs and texts posted on the web interface available free of charge or for a fee.

    The names and designations of products, goods, services, companies, and firms may be registered trademarks of their respective owners.

     

    9.2. The seller is not liable for errors arising from third-party interference with the web interface or from its use contrary to its intended purpose. When using the web interface, the buyer must not use procedures that could disrupt the functioning of the system or place an unreasonable load on the system.

    If the buyer commits any illegal or unethical conduct while using the web interface, the seller is entitled to restrict, suspend or terminate the buyer's access to the web interface without any compensation. In this case, the buyer is also obliged to compensate the seller for any damage demonstrably caused by the buyer's actions under this paragraph, in full.

    The seller points out that clicking on certain links on the web interface may result in leaving the web interface and being redirected to the websites of third parties.

    10. Final provisions

    10.1. If the relationship related to the use of the web interface or the legal relationship established by the contract contains an international (foreign) element, the contracting parties agree that the relationship shall be governed by Czech law (excluding the application of the UN Convention on Contracts for the International Sale of Goods).

    10.2. The contracting parties agree that the general court of the seller shall have jurisdiction to hear any disputes arising from the legal relationships established by these terms and conditions or the contract.

    10.3. If any provision of the terms and conditions is invalid, ineffective, or inapplicable, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract or terms and conditions must be made in writing.

     

    These terms and conditions are valid and effective from January 1, 2022.

    Complaints Procedure for Consumers

    This Complaints Procedure (hereinafter referred to as the "Complaints Procedure") governs the manner and conditions for complaining about defects in goods purchased by consumers through the MAGSY online store from our company:

    MAGSY, s.r.o., with its registered office at Holešovská 457, 763 16 Fryšták

    Company ID: 26230224

    VAT ID: CZ26230224

    Registered: in the Commercial Register maintained by the Regional Court in Brno, Section C 38124

    Delivery address: Holešovská 457, 763 16 Fryšták

    telephone number: +420 577 220 497, Mon-Fri 7:00 a.m.-3:30 p.m.

    fax: +420 577 019 097

    contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz

    1. What defects in goods are we responsible for?

    1.1. As the seller, we are responsible for ensuring that the goods you ordered are delivered to you and that the goods are free of defects upon delivery. This means that upon delivery, the goods must, in particular:

    - correspond to the agreed description, type, and quantity, as well as quality, functionality, compatibility, interoperability, and other agreed characteristics;

    - be suitable for the purpose for which you require them and for which we have agreed;

    - be delivered with the agreed accessories and instructions for use, including assembly or installation instructions.

     

    We are not liable for defects that occur in the goods after their acceptance.

    1.2. Furthermore, we warrant that, in addition to the agreed characteristics, the goods:

    - are suitable for the purpose for which goods of this type are normally used, taking into account the rights of third parties, legal regulations, technical standards or codes of conduct of the industry, if there are no technical standards;

    - in terms of quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same type that you can reasonably expect, even taking into account our public statements, in particular advertising or labeling;

    - is delivered with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect;

    - corresponds to the quality or design of a sample or model that we provided to you before the conclusion of the contract.

     

    1.3. Differences in color shades between the actual product and those displayed on electronic display devices cannot be considered a defect. If the goods do not meet your expectations, you have the right to withdraw from the contract within 30 days of receipt of the goods in accordance with Article 6 of the General Terms and Conditions.

     

    2. When can you report a defect?

    2.1. For unused consumer goods, the buyer may report a defect that appears on the item within two years of receipt of the goods, unless a longer warranty period is specified on the website, in the documents accompanying the goods, or in the advertisement.

    For used goods, the buyer may report a defect that appears on the item within one year of receiving the goods.

    2.2. If the goods are replaced or repaired, no new warranty period shall apply to the new goods or replaced parts and spare parts. However, in such a case, the warranty period shall be extended by the period during which you were unable to use the goods due to the defect, i.e., in particular, the period during which the goods are being repaired.

     

    3. What rights do you have in the event of defective performance?

    3.1. Your rights in the event of defective performance are governed by the Civil Code, in particular Sections 2099 to 2117a and Sections 2165 to 2174b. The provisions of Sections 2106 and 2107 on rights in the event of defective performance do not apply.

     

    3.2. In accordance with the above provisions, you are entitled to the following rights in particular:

    a) Completion of what is missing

    If we deliver goods to you in a quantity less than that agreed or deliver incomplete goods, you are entitled to have the missing items completed.

    b) Reduction of the purchase price

    If the goods were defective upon delivery, you may request a reasonable reduction in the purchase price if:

    - we refused to remedy the defects or did not remedy them within a reasonable time or without significant inconvenience to the buyer;

    - we are unable to remove the defect that prevents you from using the goods properly, or we are unable to replace the goods with this defect (e.g., the goods are no longer manufactured); or

    - you cannot use the goods properly due to the repeated occurrence of the defect after repair (the same defect occurs after at least two previous repairs);

    - the defect constitutes a material breach of contract;

    - there are multiple defects in the goods (at least three removable defects occurring simultaneously, each of which prevents the proper use of the goods); or

    - it is clear from our statement or from the circumstances that the defect will not be removed within a reasonable time (no later than 30 days from the date of the complaint) or without significant inconvenience to the buyer.

    A reasonable discount shall be determined as the difference between the value of the goods without defects and the defective goods received by the buyer.

    c) Replacement of goods

     

    You may always request replacement of goods due to a defect upon receipt of the goods, unless the chosen method of defect removal is impossible or disproportionately expensive compared to repairing the item; this will be assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed by repair without significant inconvenience to the buyer.

    d) Repair of the item

    If the goods can be repaired, you are entitled to have the defect removed free of charge. If, during the complaint procedure, it becomes apparent that we are unable to repair the goods, we will inform you immediately and you can choose another method of handling the complaint listed here.

    e) Refund (withdrawal from the contract)

    You can request a refund only if:

    - we have refused to remove the defect or have not removed it within a reasonable time or without significant inconvenience to the buyer;

    - we are unable to remove the defect that prevents you from using the goods properly, or we are unable to replace the goods with this defect (e.g., the goods are no longer manufactured); or

    - you cannot properly use the goods due to the repeated occurrence of the defect after repair (the same defect occurs after at least two previous repairs); or

    - the defect constitutes a material breach of contract;

    - there are multiple defects in the goods (at least three removable defects occurring simultaneously, each of which prevents the proper use of the goods);

    - it is clear from our statement or from the circumstances that the defect will not be removed within a reasonable time (no later than 30 days from the date of the complaint) or without significant inconvenience to the buyer; or

    - the defect was caused by incorrect assembly or installation carried out by us or under our responsibility in accordance with the contract; or if the defect was caused by a deficiency in the instructions we provided to you with the goods.

    You are not entitled to withdraw from the contract if the defect in the goods is insignificant.

    3.3. The condition for the exchange of goods or a refund (withdrawal from the contract) is that you return the item in the condition in which you received it. Exceptions are cases where:

    a) there has been a change in condition as a result of an inspection to determine the defect;

    b) you have used the item before discovering the defect;

    c) you did not cause the impossibility of returning the item in an unchanged condition by your actions or omissions; or

    d) you sold the item before discovering the defect, consumed it, or altered it during normal use; if this happened only in part, you will return to us what you can still return and compensate us to the extent that you benefited from the use of the item.

    4. When can rights arising from defective performance not be exercised?

    4.1. You are not entitled to rights arising from defective performance if:

    - you were aware of the defect before taking delivery of the item;

    - you caused the defect yourself; or

    - the warranty period has expired.

    4.2. The warranty and claims arising from liability for defects do not apply to:

    - wear and tear caused by normal use (wear and tear caused by use also includes a reduction in the capacity of batteries and accumulators);

    - defects in used items corresponding to the degree of use or wear and tear that the goods had at the time you took delivery of them;

    - items sold at a lower price – only in relation to the defect for which the lower price was agreed; or

    - items, if this is apparent from their nature (in particular goods which, by their nature, cannot last for the entire duration of the warranty period).

    5. How to proceed with a complaint?

    5.1. Please file your complaint with us without undue delay after discovering the defect.

    5.2. We accept complaints at our registered office.

    5.3. Recommended procedure for complaints:

    - For faster processing, you can inform us of your complaint in advance by telephone, e-mail, or in writing;

    - at the same time, it is advisable to inform us of the right you have chosen in relation to the defective performance, i.e. whether, in accordance with these complaint rules, you are interested in having the missing items supplemented, a discount on the purchase price, replacement of the goods or their defective parts, repair of the goods, a refund, or other rights in accordance with these complaint rules and the Civil Code;

    - Deliver the goods subject to complaint to us together with the complaint or subsequently (other than by cash on delivery, which we do not accept) to the address of our registered office or place of business (or to the address of the person designated for repair), and when sending the goods, we recommend that you pack them in suitable packaging to prevent damage or destruction.

    - To facilitate the process, it is advisable to enclose proof of purchase or a tax document - invoice, if issued, or another document proving the purchase of the goods, together with a description of the defect and a proposed solution to the complaint.

    Failure to comply with any of the above steps or failure to submit any of the above documents does not prevent the complaint from being handled positively in accordance with the legal conditions.

    5.4. The moment of filing a complaint is the moment when we are notified of the defect.

    5.5. When you file a complaint, we will issue you a written confirmation containing the date of filing the complaint, the content of the complaint, the method of complaint resolution you require, and your contact details for the purpose of providing information about the resolution of the complaint.

     

    5.6. We will handle complaints, including the removal of defects, within 30 days of the date of the complaint, unless a longer period is agreed with you in a specific case. We will inform you about the handling of the complaint, including the method of handling, within this period.

    5.7. If you choose a right that cannot be granted to you for objective reasons (in particular in the case of irreparable defects or if replacement of the goods is not possible), we will contact you immediately. In such a case, you may choose another right in accordance with these Complaints Procedure Rules.

    5.8. After settling the complaint, we will issue you a confirmation of the date and method of settlement, including confirmation of the repair and its duration, or a written explanation of the rejection of the complaint.

    5.9. In accordance with the Civil Code, you have the right to reimbursement of reasonable costs incurred in connection with the complaint. Please note that you must exercise your right to reimbursement of these costs within one month of the expiry of the period in which the defect must be reported.

    These Complaints Procedure Rules are valid and effective from January 1, 2022.

    Complaints Procedure Rules for Entrepreneurs and Legal Entities

    These Complaints Procedure Rules for Entrepreneurs and Legal Entities (hereinafter referred to as the "Complaints Procedure Rules") govern the manner and conditions for complaining about defects in goods purchased by an entrepreneur or legal entity through the MAGSY online store from

    MAGSY, s.r.o., with its registered office at Holešovská 457, 763 16 Fryšták, Czech Republic

    Company ID: 26230224

    VAT ID: CZ26230224

    Registered in the Commercial Register maintained by the Regional Court in Brno, file no. C 38124

    delivery address: Holešovská 457, 763 16 Fryšták

    telephone number: +420 577 220 497, Mon-Fri 7:00-15:30

    fax: +420 577 019 097

    contact e-mail: e-shop@magsy.cz, objednavky@magsy.cz

    1. Seller's liability for defects

    1.1. The seller is responsible for ensuring that the goods are free of defects upon delivery. This means that upon delivery, the goods must, in particular:

    - be in the agreed quantity;

    - correspond to the quality and design agreed between the buyer and the seller, or according to the agreed sample or model, or according to the purpose apparent from the contract; otherwise, for the usual purpose;

    - a defect in the goods is also considered to be a situation where the seller delivers goods to the buyer other than those agreed between them;

    - has no legal defects, i.e. no third party has property rights to the goods and the goods are accompanied by the documents and certificates necessary for their proper use.

    The seller does not provide any guarantee for quality and the provisions of Section 2113 of the Civil Code shall not apply unless otherwise agreed individually.

    1.2. Differences in color shades in reality and on electronic display devices cannot be considered a defect in the goods.

     

    2. Rights of the buyer arising from defective performance

    2.1. The rights of the buyer arising from defective performance are governed by the Civil Code, in particular Sections 2099 to 2117.

    2.2. If the defect in the goods constitutes a material breach of contract, the buyer shall have the following rights arising from defective performance:

    a) removal of the defect by delivery of new goods without defects or delivery of missing goods;

    b) removal of the defect by repair of the goods;

    c) a reasonable discount on the purchase price; or

    d) withdrawal from the contract.

    2.3. If the defect in the goods is a minor breach of contract, the buyer may request:

    a) removal of the defect; or

    b) a reasonable discount on the purchase price.

    2.4. The buyer is obliged to inform the seller of the chosen method of resolving the complaint when notifying the defect, otherwise the seller will decide on it. The choice made may only be changed by agreement with the seller.

    The buyer may only request a reasonable discount on the purchase price if the defect cannot be remedied by repairing the item, or by delivering a new item without defects, or by delivering the missing item.

    If the buyer considers the defect to be a material breach of contract, they are obliged to prove this to the seller.

    The buyer acknowledges that until they exercise their right to a discount on the purchase price or withdraw from the contract, the seller is entitled to deliver the missing goods or remove the legal defect (in particular, deliver the missing documents).

    2.5. The exchange of goods or withdrawal from the contract cannot be requested if the buyer cannot return the item in the condition in which they received it. This does not apply if:

    a) there has been a change in the condition as a result of an inspection to detect a defect in the item;

    b) the buyer used the item before discovering the defect;

    c) the buyer did not cause the impossibility of returning the item in an unchanged condition by his actions or omissions; or

    d) the buyer sold the item before discovering the defect or altered the item during normal use; if this was only partial, the buyer shall return to the seller what they can still return and compensate them for the benefit they derived from the use of the item.

    3. Impossibility of exercising rights arising from defective performance

    3.1. The buyer is not entitled to rights arising from defective performance if they knew about the defect before taking over the item or caused the defect themselves.

    3.2. Claims arising from liability for defects do not apply to:

    - wear and tear of the goods caused by their normal use;

    - defects in used items corresponding to the degree of use or wear and tear that the goods had at the time the buyer took delivery of them;

    - items sold at a lower price – only in relation to the defect for which the lower price was agreed; or

    - if this is apparent from the nature of the item.

    4. Complaint procedure

    4.1. The buyer is obliged to file a complaint with the seller without undue delay after discovering the defect. The seller's contact address is designated for receiving the goods subject to complaint.

    4.2. Binding complaint procedure:

    - for faster processing, the buyer may inform the seller of the complaint in advance by telephone, e-mail or in writing;

    - the buyer is obliged to inform the seller of the right they have chosen from the defective performance, describe the defect and/or describe how it manifests itself;

    - the Buyer shall deliver the goods subject to complaint to the Seller (other than by cash on delivery, which the Seller does not accept), and when sending the goods, the Buyer is obliged to pack them in suitable packaging so that they are not damaged or destroyed;

    - The buyer shall enclose proof of purchase of the goods or a tax document - invoice, if issued, or another document proving the purchase of the goods.

    4.3. The moment of filing a complaint is the moment when the goods subject to complaint are delivered to the seller.

    4.4.

    In accordance with the Civil Code, the buyer has the right to reimbursement of reasonable costs incurred in making a complaint about the goods. The buyer acknowledges that the right to reimbursement of these costs must be exercised within one month of the expiry of the period in which the defect must be reported.

    These Complaints Procedure Rules are valid and effective from January 1, 2022.