The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Agreement, are governed by terms and conditions.
- Definition
- In these Terms and Conditions .
- "E-shop" means a computer program - an Internet application that is available on the Internet through the Internet address http://poppybeans.cz, whose main functionality is the display, selection and ordering goods by the User;
- “Purchase Agreement” means a purchase agreement within the meaning of § 2079 et seq. Of the Civil Code concluded between the Operator as the seller and the User as the buyer through the E-shop;
- "Shopping Cart" means the part of the E-shop, which is automatically generated by the activation of the relevant functions by the User within its actions in the user environment of the E-shop, in particular by adding or removing the Goods and / or changing the quantity of the selected Goods;
- "Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
- “Operator” means Poppy Beans sro, Company Identification Number: 09074112, with its registered office at Kigginsova 1493 / 10a Brno 627 00;
- "Consumer" means a User - a person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into an Agreement with the Operator or otherwise deals with him;
- "User" means any legal or natural person who uses the E-shop;
- "Goods“ Means a thing offered by the Operator for sale to the User through the E-shop, and if the Goods are offered, the license to use this thing
- The Operator is responsible to the Consumer that the Goods are free from defects upon acceptance.
- If the Goods contain defects, the Consumer has the right to demand delivery of new Goods without defects, unless this is disproportionate due to the nature of the defect. however, if the defect concerns only a part of the Goods, the Consumer may only request the replacement of that part; if this is not possible, he has the right to withdraw from the Purchase Agreement.
- The Consumer has the right to deliver new Goods or replace parts even in the event of a remediable defect, if he cannot properly use the Goods more defects. In such a case, the Consumer has the right to withdraw from the Purchase Contract.
- If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to deliver new Goods without defects or to replace its parts or repair the Goods, . The Consumer is entitled to a reasonable discount even if the Operator cannot deliver new Goods without defects, replace its part or repair the Goods, as well as if the Operator does not remedy the situation within a reasonable time or would arrange significant difficulties for the Consumer. / li>
- The right to defective performance does not belong to the Consumer, if the Consumer knew before taking over the Goods that the Goods were defective, or if the Consumer himself caused the defect.
- The Operator's liability for defects of the Goods does not apply to wear and tear its normal use, for Goods sold at a lower purchase price for a defect for which a lower purchase price was agreed, for used Goods for a defect corresponding to the degree of use or wear that the Goods had when taken over by the Consumer, or if it follows from the nature of the Goods. / li>
- If a warranty is provided for the Goods, the Consumer has the right to claim liability for defective performance during the warranty period.
- At the request of the Consumer, the Operator is obliged to provide the Consumer if the warranty card. If the nature of the Goods allows it, it is sufficient to issue the Consumer a proof of purchase of the Goods instead of the warranty card, containing data that must contain data such as the warranty card. The warranty card must contain the name and surname, name or business name, ID number and registered office of the Operator.
- In the event that the Consumer exercises his right to eliminate defects of the Goods by repairing the Goods for which the entrepreneur is designated for warranty repairs. different from the Operator, whose registered office or place of business is in the same place as in the case of the Operator or in a place closer to the Consumer, the Consumer shall exercise the right to warranty repair with this entrepreneur.
- it must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiration of this period, the Consumer has the same rights as if it were a material breach of the Contract.
- before the given documents are delivered.
- The Operator or the entity designated by him shall, after the proper settlement of the complaint, invite the Consumer to take over the repaired Goods.
- or unprofessional putting of the Goods into operation, as well as in unprofessional handling of it, ie especially when using the Goods in conditions that do not correspond with their parameters to the parameters specified in the documentation for the Goods.