General Terms and Conditions
TABLE OF CONTENTS
- Scope of Application
- Seller / contractual partner
- Conclusion of the Contract
- Prices and Payment conditions
- Shipment and delivery conditions
- Reservation of Proprietary Rights
- Warranty
- Liability
- Right to Cancel
- Special conditions for goods individually made according to customer requirements
- Battery law
- Data protection
- Applicable Law
- Place of jurisdiction
- Online dispute resolution
- Final provisions
1. Scope of Application
1.1 These general terms and conditions (hereinafter referred to as "GTC") of the company Duppau s.r.o. (hereinafter referred to as "Seller") apply exclusively to the order in the Internet shop on https://www.duppau.com in the version valid at the time, that a consumer or entrepreneur (hereinafter referred to as "Customer") places with the Seller with regard to the Seller's goods displayed in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed in writing. The customer is a consumer insofar as he concludes the legal transaction for purposes that are predominantly neither commercial nor his self-employed occupational activity. In contrast, an entrepreneur is any natural or legal person or legal partnership who, when concluding the legal transaction, is exercising their commercial or self-employed occupational activity.
1.2 The GTC apply in their version valid at the time of the respective order.
1.3 The prices at the time of the order apply. Special offers in our shop can be limited in time or quantity.
2. Seller / Contractual partner
The customer's contractual partner is:
Duppau s.r.o.
Maříkova 192/4
162 00 Prague
Czech Republic
Commercial Register: Municipal Court Prague, Czech Republic, Section C, Appendix 270443
ID: 05795494
VAT ID: CZ05795494
E-Mail: info@duppau.com
Tel.: +420 732 175 185
Kamil Ali, CEO
3. Conclusion of the Contract
3.1 The offers on https://www.duppau.com do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Customer submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket.
3.3 The confirmation of the receipt of the order takes place together with the acceptance of the order immediately after sending by an automated email. With this email confirmation, the provider has accepted the customer's offer. The customer must ensure that the e-mail address provided by him for processing the order is correct so that the emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3.4 If the confirmation contains typographical or printing errors or if the price determination is based on technical transmission errors, the seller is entitled to challenge the purchase contract, whereby he must prove the corresponding error. Payments already made will be reimbursed to the customer immediately.
3.5 The product images do not have to match the appearance of the delivered products. However, the provider endeavors to keep the images up to date.
3.6 The contract is concluded in English.
4. Prices and Payment conditions
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory value-added tax. Any additional delivery and shipping costs are indicated separately in the respective product description.
4.2 For deliveries to customers within the European Union ("EU") or outside the EU, shipping costs may apply. These depend on the country in which the delivery is made or the value of the goods. The related shipping costs can be found in the shipping cost overview.
4.3 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.4 The customer agrees that invoices, credit notes or other notifications relating to the order can be transmitted in electronic form.
5. Shipment and delivery conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Customer, unless agreed otherwise.
5.2 If the delivery is returned to the seller due to an impossible delivery to the delivery address given by the customer, the customer bears the costs for the transport and / or a new delivery. This does not apply in the event that the customer makes use of his right of withdrawal in a legally permissible manner.
5.3 All products are shipped from the seller's warehouse in the Czech Republic and are therefore partly provided with stickers in the Czech language.
5.4 Compensation for damages or reimbursement of the purchase price due to delivery and delivery delays are excluded.
5.5 If the goods are delivered with obvious transport damage, the customer should immediately complain about the error to the deliverer and contact the provider as soon as possible. Failure to file a complaint or contact us has no consequences for the customer's statutory warranty claims. However, the measures help the provider to assert his own claims against the carrier or the transport insurance.
5.6 Insofar as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person appointed to carry out the shipment.
- Reservation of Proprietary Rights
The delivered goods remain the property of the seller until full payment has been made.
7. Warranty
7.1 The product images can differ from the appearance of the delivered products.
7.2 You have the statutory right to supplementary performance for all defects that occur during the statutory warranty period of two years from delivery. If the goods are defective, we will provide supplementary performance within a reasonable time, i.e. either provide a replacement delivery or remedy the defects. The place of performance for the supplementary performance is our headquarters. If the supplementary performance you have chosen is only possible at disproportionate expense, we are entitled to supplementary performance in the other form. The expenses required for subsequent performance are borne by us. If a reasonable period for supplementary performance has passed without result, you have the right to cancel the purchase contract or to reduce the purchase price, as you choose.
7.3 Warranty claims are excluded in the event of damage to the goods caused by:
- abusive or improper handling of the goods, in particular breakage and glass damage caused by this
- Environmental influences (moisture, extreme cold or heat, overvoltage, dust, etc.), especially damage from moisture and water
- Failure to observe any safety precautions
- Failure to observe the operating instructions
- Use of force (e.g. blow, push, fall)
- unauthorized repair attempts
- normal wear and tear and aging of the materials used
- Changes to the color and wood of the goods (patina, color, structural changes) are excluded from the guarantee.
8. Liability
The Seller shall be liable to the Customer for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
8.1 The Seller shall face unlimited liability regardless of the legal ground
- in case of intent or gross negligence,
- in case of injuries of life, body, or health resulting from intent or negligence,
- in case of a promise of guarantee, unless otherwise provided,
- in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
8.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Customer can regularly rely.
8.3 For the rest, the Seller’s liability is excluded.
8.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
9. Right to Cancel
9.1 Consumers generally have a statutory right of withdrawal when concluding a distance selling transaction, which the seller informs about in accordance with the legal model below. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity:
9.2 The right of withdrawal does not apply to goods that have been individually manufactured according to customer requirements.
9.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
RIGHT OF CANCELLATION
You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day on which you or a third party named by you who is not a carrier has taken possession of the goods.
To exercise your right of withdrawal, you must contact us
Duppau s.r.o.
Maříkova 192/4
162 00 Prague
Czech Republic
E-Mail: info@duppau.com
Tel.: +420 732 175 185
by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. The costs for returning the goods are to be borne by the buyer. We recommend insured shipping.
CONSEQUENCES OF REVOCATION
If you withdraw from this contract, we will have given you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the inexpensive standard delivery we offer have), to be repaid at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract.
The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. If you have canceled the order, you are obliged to return the product to us in full, including the accessories supplied (case, glasses cloth, all stickers and all hanging signs). We expressly reserve the right to claim compensation for incomplete returns.
Exclusion of the right of withdrawal
The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the consumer's personal needs. Furthermore, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
End of Right to Cancelation
You can use the attached cancellation form to cancel, but this is not mandatory.
WITHDRAWAL FORM
If you want to cancel the contract, please fill out this form and send it back.
At:
Duppau s.r.o.
Maříkova 192/4
162 00 Prague
Czech Republic
E-Mail: info@duppau.com
Tel.: +420 732 175 185
I / we * hereby revoke the contract concluded by me / us * for the purchase of the following goods:
1 ._______________________________________
2 ._______________________________________
3 ._______________________________________
4 ._______________________________________
Ordered on: _____________ *
received at ______________*
Name of consumer (s): ________________________
Address of the consumer (s): ______________________
Order number: ______________**
____________________
Place and date
______________________
Signature (only for communication on paper)
(*) Delete where inapplicable.
(**) No mandatory field.
- Special conditions for goods individually made according to customer requirements
10.1 You provide us with the appropriate information or texts required for the individual design of the goods before the contract is concluded.
10.2 You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly indemnify us from all third party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
10.3 We do not check the transmitted data for correctness and in this respect accept no liability for errors.
10.4 The exchange of individually designed goods is excluded. The right of withdrawal does not apply to goods that have been individually manufactured according to customer requirements.
- Battery Act
In connection with the sale of batteries or accumulators or with the delivery of devices - in particular watches - that contain batteries, we are obliged to inform end users of the following in accordance with the Battery Ordinance:
Batteries should not and must not be disposed of with household waste. As the end user, you are legally obliged to return used batteries. You can return old batteries that we have or have carried in our range as new batteries to a municipal collection point after use.
- Data protection
As part of our data protection declaration at www.duppau.com, we provide additional information on data protection as well as the type, scope and purpose of the collection and use of personal data on our part.
- Applicable Law
13.1 The law of the Czech Republic applies to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
13.2 Furthermore, this choice of law regarding the right to cancel does not apply to consumers who are not nationals of a Member State of the European Union at the time of concluding the contract and whose exclusive domicile and delivery address are located outside of the European Union at the time of concluding the contract.
- Place of jurisdiction
The contracting parties agree on Czech jurisdiction. If it is not a consumer transaction, the competent court at the seller's registered office has exclusive local jurisdiction to resolve all disputes arising from this contract.
- Online dispute resolution
15.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
15.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
- Final provisions
Should any provision of these general terms and conditions be ineffective, the rest of the contract remains effective. In place of the invalid provision, the relevant statutory provisions apply.
The terms and conditions can be changed at any time.
Status: January 12, 2022