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Terms and Conditions

Business Conditions

of the company MOSER, a.s., having its registered office at Kpt. Jaroše 46/19, 360 06 Karlovy Vary, ID No. 26361035, registered in the Commercial Register kept by the  Regional Court in Plzeň, File No. B 1078, of sale of goods through an online shop located at the websites www.moser.com and www.moser.cz.

 I. INTRODUCTORY PROVISIONS

I.1.      The following business conditions (the “Business Conditions”) of the business company MOSER, a.s., having its registered office at Kpt. Jaroše 46/19, 360 06 Karlovy Vary, ID No.: 26361035, registered in the Commercial Register kept by the Regional Court in Plzeň File No. B 1078 (the “Seller”) regulate mutual rights and obligations of parties arising in connection with or on the basis of a purchase agreement (the “Purchase Agreement”) entered into between the Seller and a third party (the “Purchaser”) through a web shop of the Seller in accordance with the provision of Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (the “Civil Code”). The Seller operates the web shop on the website on the internet address  www.moser.com and www.moser.cz (the “Websites”) through a web interface (the “Web Interface of Shop”).

I.2.      If the Purchaser is a consumer – i.e. every person who enters into the Purchase Agreement outside their business activities or outside their self-employment, relationships, not governed expressly by these Business Conditions, are governed by the Civil Code and Act No. 634/1992 Coll. on Consumer Protection. If the Purchaser is not the consumer, then legal relationships established by the Purchase Agreement beyond the Business Conditions are governed by the Civil Code. The Purchaser, who states their ID No. or Tax ID No., will not be deemed to be the consumer but a taxable person – an entrepreneur.   

I.3.      The parties can change, exclude, or include certain provisions of these Business Conditions only on the basis of a written agreement of both parties (e.g. in the Purchase Agreement) provided that other provisions of the Business Conditions will continue to be valid for the parties. The parties have agreed that, in foreign trade, contractual relationships entered into with reference to these Business Conditions will also be subject to the standard INCOTERMS 2020 business conditions, unless the specific Purchase Agreement states otherwise. Goods will be delivered to the Purchasers in the Czech Republic as well as abroad. If the Purchaser is a taxable person for VAT, registered to VAT abroad for intracommunity performance, and if goods are delivered abroad, INCOTERMS 2020 DPU (Delivered At Named Place Unloaded) delivery conditions will be applied.

I.4.      Provisions of the Business Conditions form the integral part of the Purchase Agreement. The Purchase Agreement and the Business Conditions are written in the Czech language and in the English language. The Purchase Agreement may be entered into either in the Czech language or in the English language.

I.5.      The Seller may change or amend the wording of the Business Conditions. However, this provision does not affect any rights or obligations established during the effect of the previous wording of the Business Conditions.

I.6.      All contractual relationships are entered into under the legal order of the Czech Republic.

 II. USER ACCOUNT

II.1.    On the basis of the registration of the Purchaser on the Website, the Purchaser can access their user interface. From the user interface, the Purchaser can order goods (the “User Account”). If this Web Interface of Shop enables it, the Purchaser can also order goods without registration directly from the Web Interface of Shop.

II.2.    The Purchaser is obliged to state correct and true data when registering on the Website and when ordering goods. The Purchaser is obliged to update data stated in the User Account when any of them change. Data stated by the Purchaser in the User Account and when ordering goods are deemed to be correct by the Seller.

II.3.    Access to the User Account is secured by a username and a password, and the Purchaser is obliged to protect the information necessary for access to their User Account from disclosure.

II.4.    The Purchaser is not entitled to permit any third parties to use their User Account.

II.5.    The Seller may cancel the User Account, namely if the Purchaser has not used their account for more than 1 (one) year or if the Purchaser breaches their obligations g from the Purchase Agreement (including the Business Conditions).

II.6.    The Purchaser acknowledges that the User Account does not have to be continuously accessible, namely in view of necessary maintenance of hardware and software of the Seller or necessary maintenance of hardware equipment of third parties.

 III. ENTERING INTO PURCHASE AGREEMENT

III.1.   All presentation of goods displayed in the Web Interface of Shop is only of informative character, and the Seller is not obliged to enter into the Purchase Agreement in respect of such goods. The provision of Section 1732 (2) of the Civil Code will not be applied.

III.2.   Goods are offered in the Web Interface of Shop in the following forms:

(i) finished products;
(ii) products where the Purchaser can select and order the individual configuration of colours, elements, and/or cutting; or (iii) products where the Purchaser can select and order the individual elements to personalize the product, i.e. engraving a text or other motif.

III.3.   The Web Interface of Shop contains the information on goods, including prices and delivery periods of various goods. Prices of goods that is to be delivered within territory of the Czech Republic are stated with VAT and all connected fees and charges. In relation to prices of goods that is to be delivered abroad, the Seller provides in the Web Interface information that other taxes and fees may be imposed in connection with delivery of the goods to the respective state. Prices of goods remain valid for the time of their display in the Web Interface of Shop. This provision does not affect the option of the Seller to enter into the Purchase Agreement under terms and conditions negotiated individually.

III.4.   The Web Interface of Shop contains the information on prices and delivery periods of the individual modifications or configurations of goods stated under III.2. (ii) and (iii) the information on the cost of packing and delivery of goods.

III.5.   Potential discounts on prices of goods offered by the Seller to the Purchaser cannot be combined together.

III.6.   To order goods, the Purchaser fills in an order form in the Web Interface of Shop. The order form contains in particular the following information:

(i) the information on goods ordered (the Purchaser “puts” the goods ordered into the electronic shopping basket of the Web Interface of Shop);
(ii) the manner of payment of the purchase price of goods
(iii) data on the manner of delivery of goods ordered; and
(iv) the information on costs connected with the delivery of goods (jointly the “Order”).

III.7.   Before the Order is sent to the Seller, the Purchaser can and should check and eventually change data entered into the Order also in respect of the Purchaser to find and correct mistakes established within the preparation of the Order. The Purchaser will send the Order to the Seller by clicking on the button “To Send Order – obligation to pay”. The Seller deems data stated in the Order to be correct.  Immediately after receiving the Order, the Seller will confirm the receipt of the Order to the Purchaser via email to the email address stated in the User Account of the Purchaser or in the Order (the “Email Address of Purchaser”).

III.8.   The Seller is always entitled – depending on the character of the Order, such as quantity, purchase price, or estimated cost of transport – to ask the Purchaser to additionally confirm the Order (e.g. in writing or via telephone).

III.9.   The contractual relationship between the Seller and the Purchaser is established upon the delivery of the Order confirmation (acceptance) which is sent to the Purchaser by the Seller via email to the Email Address of Purchaser, that is mentioned in User´s Account or in the Order. Concurrently with acceptance of the Order the Seller will also send these Business Conditions  to the Email Address of Purchaser.

III.10. In exceptional cases, the Seller reserves the right not to deliver the goods selected to the Purchaser, namely if the Websites of the Seller contained visibly erroneous or nonstandard information by mistake in particular on the goods selected, their price or delivery periods, or if goods are sold out or permanently unavailable. In such cases, the Seller undertakes to return to the Purchaser the financial amount paid on the basis of the Purchase Agreement.

III.11. The Purchaser agrees to the use of distance communication means to enter into the Purchase Agreement. The cost established to the Purchaser from using distance communication means in connection with entering into the Purchase Agreement (the cost of internet connection, the cost of telephone calls) are paid by the Purchaser; these costs are not different from the basic rate.  

 IV. PAYMENT CONDITIONS AND PRICE OF GOODS

IV.1.   Web Interface of Shop provides information about goods, including its respective individual prices and transport costs. Prices of goods that is to be delivered within territory of the Czech Republic are stated with VAT and all connected fees and charges. In relation to prices of goods that is to be delivered abroad, the Seller provides in the Web Interface information that other taxes and fees may be imposed in connection with delivery of the goods to the respective state. Prices of goods remain valid for the time of their display in the Web Interface of Shop. Prices of goods are not being adjusted to the Purchaser based upon automated decision making. This provision does not affect the option of the Seller to enter into the Purchase Agreement under terms and conditions negotiated individually. 

IV.2.   Web Interface of Shop also contains information about costs related to packaging and transport of goods, its method and delivery times. In case the Seller offers transport of goods for free, a prerequisite for free goods transport is completed payment of the minimal purchase price of the goods to be delivered in the amount stated at the Web Interface of Shop. In case that Purchaser withdraws partially from the purchase and consequently the remaining purchase price does not meet the minimal threshold for free transport pursuant to previous sentence, Purchaser´s right for free transport of goods ceases to exist and the Purchaser shall be obliged to pay the costs of transport.              

IV.3.   The Purchaser may pay the price of goods and potential cost connected with the delivery of goods under the Purchase Agreement to the Seller in the following manners:

(i) a non-cash payment by a payment system PayPal, Google Pay or Apple Pay;
(ii) a non-cash payment by payment card;
(iii) a non-cash payment through a transfer to the Seller’s bank account;
(iv) in cash or by payment card at the addresses of the Seller’s shops, the addresses and opening hours of which are stated on the Websites.

IV.4.   Together with the purchase price, the Purchaser is obliged to also pay to the Seller costs connected with packing and delivery of goods as agreed. If not stated expressly otherwise, the purchase price stated further is deemed to also include costs connected with the delivery of goods stated in the Order.  

IV.5.   The price of goods is stated without VAT and with VAT; for the Purchasers from the Czech Republic in CZK, and for the Purchasers from abroad in EUR,  USD and GBP.

IV.6.   In the case of the sale of a finished product, i.e. the product where the Purchaser did not demand any individual modifications or configurations as stated in paragraph III.2. (ii) or (iii) of these Business Conditions, the Seller does not demand the Purchaser to pay an advance payment or any other similar payment, if it is not expressly stated with the product. For products where the Purchaser demanded individual modifications or configurations as stated in paragraph III.2. (ii) or (iii) of these Business Conditions, the advance payment is required in the amount stated in the Web Interface of Shop. This provision does not affect the provision of the next paragraph of these Business Conditions.

IV.7.   When paying in cash, the purchase price is payable upon the receipt of goods. When using a non-cash payment (and the advance), the purchase price is payable within 7 days from entering into the Purchase Agreement.

IV.8.   In the case of the non-cash payment, the Purchaser is obliged to pay the purchase price of goods with the statement of a variable symbol of the payment. In the case of the non-cash payment, the obligation of the Purchaser to pay the purchase price is fulfilled upon crediting the relevant amount to the account of the Seller.

IV.9.   The Seller is entitled to demand the payment of the whole purchase price before goods are sent to the Purchaser. The provision of Section 2119 (1) of the Civil Code is applied.

IV.10. If the Purchaser is late in paying the purchase price of goods, or the advance payment if requested, the Seller is entitled to withdraw from the Purchase Agreement.

IV.11. The Seller will issue a tax document, an invoice, to the Purchaser in respect of payments made on the basis of the Purchase Agreement. The Seller is a VAT payer. The Seller will issue the tax document, the invoice, to the Purchaser after the price of goods is paid, and it will send the invoice electronically to the Email Address of Purchaser.

 V. DELIVERY PERIODS, MANNER OF DELIVERY, FAILURE TO TAKE OVER GOODS

V.1.    In case when the ordered goods is described at the Seller´s Websites is determined as available in store and it is delivered within the Czech Republic, the Seller shall deliver the goods to the Purchaser without undue delay, in any case not later than within 30 days from the date of conclusion of the Purchase Agreement. In case the Seller´s Website provides different delivery time in relation to ordered goods, the Seller shall deliver the goods to the Purchaser within such time. The delivery period is extended in proportion to the delay of the Purchaser in paying the purchase price. The delivery period is fulfilled on the date the take-over of the goods by the Purchaser.

V.2.    Delivery periods are extended if unexpected events or events not caused by the Seller occur, such as in cases of unexpected force majeure, strikes, states of emergency, travel and traffic restrictions, pandemic, quarantine measures, or other obstacles which are outside the cause of the Seller and beyond the control of the Seller. In all the above-stated cases, the Seller is obliged to explain the reason for the delay following the call of the Purchaser and submit proof of the above-stated circumstances; in all the above-stated cases, the Purchaser has no right to claim compensation for damage or sanctions caused by a delayed delivery if the Seller successfully proves upon the request of the Purchaser that the delay was caused by circumstances beyond the reasonable control of the Seller which arose independently to the will of the Seller.

V.3.    The Seller will inform the Purchaser by email sent to the Email Address of Purchaser that goods are ready to be handed-over or dispatched.

V.4.    The manner of delivery of goods is stated in the Purchase Agreement. Unless agreed otherwise, the transport cost is paid by the Purchaser, who will always be informed of its amount by the Seller before the Purchase Agreement is entered into. The Purchaser assumes the risk of damage caused to goods at the latest upon sending goods (handing the goods over for transport), except when goods are delivered abroad, and INCOTERMS 2020 DPU delivery terms are binding. Other arrangements may be stated in the Purchase Agreement in writing, namely by referring to the delivery condition under INCOTERMS 2020. If the manner of transport is agreed on the basis of the special demand of the Purchaser, the Purchaser bears the risk and pays potential additional costs connected with such a manner of transport.

V.5.    The parties agree that if the Purchaser fails to take over  goods purchased within 14 days from the date on which the Seller or freight forwarder informed the Purchaser by email that the Purchaser may take over goods (the “Goods Not Taken Over”), the Seller is entitled to withdraw from the Purchase Agreement and sell those goods to another person. In such a case, the Purchaser is not entitled to compensation for damage caused, such as lost profit, etc. A written withdrawal must be delivered to the other party; delivery of an electronic message to the email address stated in the Order and/or a data message is also considered to be the delivery. The Seller is entitled to invoice to the Purchaser a fee for the Goods Not Taken Over after the withdrawal from the Agreement by the Seller amounting to 1 (one) per cent of the purchase price, with the minimum of CZK 1,000 (one thousand) or EUR 40 (forty), or USD 40 (forty) or GBP 40 (forty) to compensate the cost of performance of obligations by the Seller in vain, storage of goods, and handling goods.

V.7.    Contractual penalties and fees may be set-off against the advance payment accepted and/or other payments made by the Purchaser.

 VI. RIGHT OF CONSUMER TO WITHRAW FROM PURCHASE AGREEMENT

VI.1.   If the Purchase Agreement is entered into via distance email communication, the Purchaser, if it is the consumer, in accordance with Section 1829 of the Civil Code, has the right to withdraw from the Purchase Agreement within 14 (fourteen) days from the take-over of goods. This right may be exercised only if the Purchaser is the consumer.  

VI.2.   In accordance with the provision of Section 1820 letter (f) of the Civil Code, the Seller hereby provides instructions to consumers on the right to withdraw from the agreement in accordance with Government Decree No. 363/2013 Coll. in the event of entering into the Purchase Agreement by distance means.

 1. The right to withdraw from the agreement.

1.1 You have the right to withdraw from the agreement entered into without stating any reason within 14 (fourteen) days.

1.2 You have the right to withdraw from the agreement without stating any reason within 14 (fourteen) days from the date following after the delivery of goods, i.e. from the date when you or a third party authorized by you (different from the freight forwarder) takes over goods.

1.3 For purposes of the exercise of the right to withdraw from the agreement, you must inform the Seller, i.e. MOSER, a.s., having its registered office at Kpt. Jaroše 46/19, 360 06 Karlovy Vary, Czech Republic, e-mail: eshop@moser.com, of your withdrawal from the agreement in the form of a unilateral and express legal act (e.g. a letter sent through a postal services provider or by email). You can use the model form enclosed below to withdraw from the agreement, but it is not your obligation.

1.4 To comply with the period for the withdrawal from the agreement, it is sufficient to send the withdrawal from the agreement before the relevant period expires.

 2. Consequences of withdrawal from the agreement.

2.1 We will return the payment to you after we receive the returned goods or if you demonstrate that you dispatched the relevant goods, whichever occurs first.

2.2

a) Take-over of goods

Send or hand over goods without undue delay no later than within 14 (fourteen) days from the date, when the withdrawal from the agreement was made, to MOSER, a.s., having its registered office at Kpt. Jaroše 46/19, 360 06 Karlovy Vary. The period is deemed to be observed if goods are sent before the expiry of 14 (fourteen) days from the date of hand-over of the goods.

b) Costs connected with the return of goods

You will bear the direct costs connected with the return of goods.

c) Liability for the reduction of value of goods returned

You are liable only for the reduction of value of goods caused by handling goods in a manner other than that necessary to become acquainted with the character and properties of goods, including their appearance and functionality.

 3. Model notice of withdrawal from the agreement

Notice of withdrawal from the agreement

- Addressee: MOSER, a.s., having its registered office at Kpt. Jaroše 46/19, 360 06 Karlovy Vary, e-mail: eshop@moser.com;

- I/We(*) hereby inform you that I/we(*) hereby withdraw from the agreement to purchase the following goods(*);

- Date of entering into the Purchase Agreement (*)/date of receipt (*);

- First name and surname of the consumer(s);

- Address of consumer(s);

- Signature of consumer(s) (only if the form is sent in the paper form);

- Date.

(*) Cross out as applicable or complete additional information.

VI.3.   The Seller kindly requests that the Purchaser, the consumer, should observe the following procedure for the successful return of goods without issues:

(i) Inform us about withdrawal

(ii) Send the completed request together with a copy of the Order by registered mail or by email to our invoicing address.

(iii) Send the goods insured by registered mail to our registered address. We are not liable for any loss or damage caused to the consignment during transport. The goods must be complete, including all documents and parts, unused, undamaged, and packed in such a way that its original packaging is not damaged during the transport. Do not send the returned goods in the form of cash on delivery (such goods will not be accepted).

Payment will be returned in the same manner in which it was made (i.e. to a bank account, through a money order).   

VI.4.   If a gift was provided to the Purchaser together with goods, a contract of gift between the Seller and the Purchaser is entered into with the following condition subsequent: if the Purchaser withdraws from the Purchase Agreement, the contract of gift ceases to be effective in relation to such a gift, and the Purchaser is obliged to return the undamaged gift to the Seller together with goods.

VI.5.      It is not possible to withdraw from the Purchase Agreement:

(i) if goods are returned damaged (including the original packing), used, or incomplete; and/or

(ii) if, in accordance with the provision of Section 1837 letter d) of the Civil Code, goods were produced according to the wish of the Purchaser, namely if individual modifications were made according to the Order of the Purchaser or configurations stated in para. III.2. letter (ii) or (iii) of these Business Conditions.

VI.6.   If the Purchaser withdraws from the Purchase Agreement under this article, the Seller will return financial means received from the Purchaser within 14 (fourteen) days from the withdrawal from the Purchase Agreement by the Purchaser in the same manner in which the Seller received them from the Purchaser. The Seller is also entitled to return the performance provided by the Purchaser directly upon the return of goods by the Purchaser or otherwise, if the Purchaser agrees and if no other expenses arise to the Purchaser as a consequence. If the Purchaser withdraws from the Purchase Agreement, the Seller is not obliged to return financial means received to the Purchaser before the Purchaser returns goods to the Seller or proves that the Purchaser sent goods to the Seller.

VI.7.   The Seller is entitled to the unilateral set-off of a claim for compensation for damage caused to goods against a claim of the Purchaser to the return of the purchase price.


VII.       RIGHTS FROM DEFECTIVE PERFORMANCE, QUALITY WARRANTY

VII.1.  The Seller grants to the Purchaser a warranty, granted on top of the legal responsibility for defects of the goods regulated in Civil Code, for quality of the delivered goods for the period of 24 months.  The Seller will provide proper warranty confirmation (warranty list) to the Purchaser not later than upon hand-over of the goods in text form..

VII.2.  The Purchaser shall comply with the rules of use while using the purchased goods as those will be contained in written document delivered to the Purchaser with the goods (“hereinafter as “Rules”). The Purchaser confirms that written form of the Rules is adequate, considering the circumstances of the Purchase Agreement conclusion and especially character and features of the goods and undertakes to comply with the Rules, understanding that failure to do so results in loss of rights from the quality warranty and from the general responsibility for defects. The wording of the Rules is also published on the Seller´s Website at https://www.moser.com/file/edee/downloads/care-instructions.pdf.  

VII.3. Within the take-over of goods, the Purchaser has to check immediately after receipt that goods are the correct items, their completeness, and whether there is any potential visible damage caused by transportation. Defects identified on goods delivered by a shipper must be stated in the delivery note and confirmed by the freight forwarder; otherwise, they will not be acknowledged. Other defects found after unpacking goods must be notified immediately in writing by the Purchaser to the Seller.

VII.4. In case the Purchaser concluded the Purchase Agreement as an entrepreneur, i.e. person who concluded it within its commercial activity or within conduct of independent liberal profession, then rights and obligations of the parties shall be governed by general legal regulation and clauses VII.6. and VII.17. below shall not be applicable.            

VII.5.  Rights and obligations of the Seller and the Purchaser, who concluded the Purchase Agreement as a consumer, shall be in respect of defective performance governed by relevant provisions of the legal regulation – in particular by Sections §1914 to §1925, §2099 to §2117 and § 2161 to § 274b of the Civil Code and by Act No. 634/1992 Coll., On Consumer Protection, as later amended and by the further provisions of this section VII below.

VII.6. The Seller warrants to the Purchaser that the goods at the moment of handover does not have defects. In particular the Seller warrants that the goods (a) conforms to agreed specification, kind and quantity as well as quality, functionality and other agreed qualities, and (b) is fit to purpose for which the Purchaser is buying it and which he agreed to.      

VII.7. The Seller warrants to the Purchaser that, together with agreed qualities and with effect upon handover by the Purchaser:

  1. goods is suitable for the purpose presented by the Seller or that is usually associated with it, also in respect of the relevant technical norms,
  2. goods corresponds to usual features of such items that the Purchaser may reasonably expect while relying upon its production according to agreed sample or template, in particular quantity, quality and other qualities like its durability, functionality and safety,
  3. goods is delivered including packaging and the Rules,
  4. goods conforms to requirements stemming from applicable legal regulations.

VII.8.  Provisions stated in this section VII shall not be applied in case when :

  1. defect was evident at the time of handover and for which the lower price was agreed,
  2. defect was caused by the Purchaser and arose by improper use or maintenance of the goods in conflict with the Rules or by Purchaser´s action or by mechanical damage,
  3. defect occurred as a consequence by external event outside of the Seller´s control,
  4. issue that is not a defect but result of the wear and tear of goods caused by their normal use,
  5. issue that is not a defect but result of deliberate change, modification or compilation with other items not supplied by the Seller,
  6. user´s and aesthetical values of the goods were prematurely consumed by reckless use,
  7. defect is not detected despite detailed expert appraisal.

The Purchaser concurrently acknowledges that goods are hand-worked products made of environmentally-friendly lead-free crystal glass; therefore, small discrepancies in dimension or shade of colour while compared with drawings and/or dimensions on the Websites of the Seller are not reasons for the assertion of claims from defects of goods or from quality warranty. Small bubbles or small deviations are not a defect as they represent authentic authorship of glass-workers, cutters or engravers and are a proof of hand made original product.   

VII.9.  If a defect occurs within one year from the handover of the goods, it shall be given that the goods was defected at handover, unless character of the goods or defect excludes it. This period is not running during the time when the Purchaser cannot use the goods in case the defect was legitimately raised.

VII.10. The Purchaser may claim the defect that occurred within two years period since handover date. If claimed legitimately, the period for claiming the defect is not running during the time when the Purchaser cannot use the goods.

VII.11. If the goods is defective, Purchaser may claim its removal. According to Purchaser´s choice he may claim delivery of new defect-less goods or repair, unless selected remedy is impossible or when compared with other alternative excessively costly, that shall be assessed with focus upon significance of defect, value of the defect-less goods and also whether defect may be rectified without serious obstacles on the Purchaser´s side. The Seller may refuse to rectify the defect if it is impossible or inadequately costly, especially in relation to defect significance or value of the defect-less goods.

VII.12. The Seller rectifies the defect within reasonable time following its notification in a way not causing the Purchaser significant inconveniences, provided that character and purpose of the goods for which the Purchaser bought it, shall be taken into consideration. In order to rectify the defect the Seller shall take over the goods at his own cost. If Purchaser fails to take over the goods within 20 working days since delivery of notification that the rectified goods is ready for pickup, the Purchaser shall pay to the Seller a storage fee in amount of 250,- CZK or 10,- EUR or 10,- USD or 10,- GBP per each of delay.

VII.13. The Purchaser may demand appropriate discount or withdraw from the Purchase Agreement, if:

a) the Seller refused to rectify the defect or defect has not been rectified in accordance with rules set out in these Business Conditions,

b) defect occurs repeatedly,

c) defect represents a material breach of the Purchase Agreement,

d) it is apparent from the Seller´s statement or from circumstances that defect will not rectified in reasonable time or without significant inconvenience for the Purchaser.                 

VII.14.  If the defect is insignificant, the Purchaser is not entitled to withdraw from the Purchase Agreement (in the sense of previous clause of the Business Conditions), it shall be given that the defect is insignificant. If the Purchaser withdraws from the Purchase Agreement, the Seller shall return the purchase price to the Purchaser without undue delay after the goods was returned or it was proven that the goods was sent back to the Seller.

VII.15. A defect may be claimed at the Seller, where the goods was bought. The Seller shall accept defect claim notification in any of its business premises, even at his seat. The Seller shall issue a written confirmation about notification of defect, that shall contain date of notification, its content, requested way of solving the notification and the Purchaser´s contact details for communication regarding warranty claim.

VII.16. Warranty claim shall be solved within 30 days from the date when it was claimed, including providing information to the Purchaser, unless longer period is mutually agreed. The Seller shall provide the Purchaser with confirmation about date and way of warranty claim resolution, and its duration, or if applicable, written explanation why warranty claim was rejected.

VII.17. Upon fruitless expiration of the resolution period stated in clause VII.16 above the Purchaser shall be entitled to withdraw from the Purchase Agreement or to demand appropriate discount.

VII.18. The Purchaser may enforce its rights stemming from liability for defects of the goods especially in person at the address MOSER, a.s., at the address Kpt. Jaroše 46/19, 360 06 Karlovy Vary, Czech Republic, via phone on + 420 730 550 520 or via e-mail to eshop@moser.com.

VII.19. The Purchaser entitled to enforce rights from defective performance, is also entitled for compensation of reasonably incurred costs within enforcement of such rights. Should he fail to claim such compensation within one month for notification of defect, the court shall not adjudge such compensation if the Seller claims that the right has not been asserted in time.

VII.20. Other rights and obligations of the parties connected with the liability for defects of the Seller may be regulated by the Claims Resolution Rules of the Seller.

VII.21. The Seller, in light of character of the goods, does not provide services of post-sale service.

VII.22. In accordance with the provision of Section 1820 (1) letter (j) of the Civil Code, if a complaint is not settled by the Seller to the satisfaction of the Purchaser, the Purchaser is entitled to address its potential complain to the relevant Czech court or to the Czech Trade Inspection Authority or to the relevant Trade Licensing Authority locally competent according to the registered office of the Seller.  

VIII. OTHER RIGHTS AND OBLIGATIONS OF PARTIES

 VIII.1. The Purchaser acquires the ownership of goods upon its handover.

VIII.2. In relation to the Purchaser, the Seller is not bound by any codes of conduct within the meaning of the provision of Section 1820 (1) letter (n) of the Civil Code.

VIII.3. Consumer complaints are settled by the Seller via their email address eshop@moser.com, complaints may be sent to this e-mail address. The Seller will send the information on settling a complaint to the Email Address of Purchaser. Other rules for complaints management are not established.

VIII.4. The out-of-court settlement of consumer disputes from the Purchase Agreement will be resolved by the Czech Trade Inspection Authority, having its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No. 000 20 869, the internet address: https://adr.coi.cz/cs. The platform for settling consumer disputes online can be found at the address http://ec.europa.eu/consumers/odr, and it may be used for settling disputes between the Seller and the Purchaser from the Purchase Agreements.

VIII.5. The European Consumer Centre, Czech Republic, having its registered office at Štěpánská 567/15, 120 00 Prague 2, the internet address: http://www.evropskyspotrebitel.cz, is a contact place under the European Parliament and Council Regulation (EU) No. 524/2013 of 21 May 2013 on settlement of consumer disputes online and on change of regulation (EC) No. 2006/2004 and the Directive 2009/22/EC (regulation on settlement of consumer disputes online).

VIII.6.The Purchaser may submit its complaint to the supervisory authority or state authority.    The Seller is entitled to sell goods on the basis of a trade licence. Trades are supervised by the locally competent Trade Licensing Authority within the scope of its competence. The area of protection of personal data is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority also supervises to the restricted extent the observation of Act No. 634/1992 Coll., on Consumer Protection, as amended.

VIII.7. The Purchaser hereby accepts the risk of a change to circumstances within the meaning of Section 1765 (2) of the Civil Code. Delivery to the Purchaser may be made to the Email Address of Purchaser.

IX. PERSONAL DATA

IX.1.   In connection with entering into the Purchase Agreement, you provide us with your personal data, which the Seller, as the controller, processes to the extent of:  first name, surname, address, email address, mobile phone number and/or fixed phone line number, payment details, and goods purchased.

IX.2.   We process your personal data (i) for the fulfilment of the Purchase Agreement and in relation to acts before entering into the Purchase Agreement, (ii) for the fulfilment of the statutory obligation, i.e. namely in relation to obligations related the statutory liability of the Seller or the guarantee provided, and (iii) for purposes of justified interests of the Seller, as the controller, which also include the processing of personal data for purposes of direct marketing (through regular mail, electronic mail, or telephone) and marketing researches.

IX.3.   In relation to the processing of personal data, as the data subject, you have the right to object free of charge to the processing for the purpose of direct marketing. If you do so, your personal data will no longer be processed for such purposes.

IX.4.   For the above-stated purposes, the Seller may process the relevant personal data of the Purchaser and transfer them to companies that process personal data or perform marketing researches for the Seller. The information on companies that process the relevant personal data for the Seller or perform marketing researches can be obtained at the address of the Seller.

IX.5.   The Seller keeps personal data for the time that is necessary for purposes of the performance from the Agreement and then for the time of 4 (four) years after the termination of the legal relationship between the Seller and the Purchaser.

XI.6.   If it is possible on the basis of the law, you have the right to amend or correct the personal data we hold about you. You also have the right to a copy of the personal data we hold about you, including their sources, purposes, methods of processing, and the parties with whom we share your data.

XI.7.   If you believe that the processing of your personal data by the controller is in breach of the valid regulations, you have the right to object to the processing and also the right to file a complaint with the Office for Protection of Personal Data.

XI.8.   More detailed conditions of the processing of personal data are published on the website of the Seller with the following link: https://www.moser.com/en/privacy-policy.

X. FINAL PROVISIONS

 

X.1.     If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations. The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded.  

X.2.     If any provision of the Business Conditions is or becomes invalid or ineffective, it is replaced with a provision the sense of which is as close to the invalid provision as possible. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions.

X.3.     The Purchase Agreement, including the Business Conditions, is archived by the Seller in the electronic form and is not accessible.

X.4.     Upon entering into the Purchase Agreement, the Purchaser confirms that the Purchaser has knowledge of the content of these Business Condition and agrees to them and accepts them.

X.5.     Contact information of the Seller:

Delivery address:                       MOSER, a.s., Kpt. Jaroše 46/19, 360 06 Karlovy Vary, Czech Republic

Email address:                             eshop@moser.com

Telephone No.:                             + 420 730 550 520353 416 242
The Seller does not offer other mode of on-line communication.

In Karlovy Vary on January, 1, 2024

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