Business terms and conditions of the company M&M Import Export s.r.o. operating it-parts.eu from April 1, 2024
These terms and conditions apply to purchases in the it-parts.eu online store operated by M&M Import Export s.r.o. The conditions specify the rights and obligations of the seller and the buyer in more detail.
Definition of terms
The buyer is a consumer or entrepreneur.
A consumer buyer, or just a consumer, is a person who, unlike the seller, does not act as part of his business activity or as part of the independent performance of his profession when concluding and fulfilling the contract.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is also considered to be any person who concludes contracts related to his own business, production or similar activity or in the independent performance of his profession, or a person who acts on behalf of or on behalf of an entrepreneur.
An offer is a legal act leading to the conclusion of a contract if it contains the essential elements of the contract so that the contract can be concluded by its simple and unconditional acceptance, and if it implies the will of the proposer to be bound by the contract if the offer is accepted.
It is considered that a proposal to deliver goods or provide a service at a specified price made in the course of business activity by advertising, in a catalog or by displaying goods is an offer subject to the exhaustion of stocks or the loss of the entrepreneur's ability to perform.
Contact details
Name: M&M Import Export s.r.o. Headquarters and place of business: K Žižkovu 809/7, Prague 9 - 19000 ID: 08571503 DIČ: CZ 08571503 Telephone: +420 775 177 085 Email: info@it-parts.eu
Information
The information about the goods and the price stated by the seller are binding, except for an obvious error. The prices are presented including all fees, we are not VAT payers, except for the cost of delivering the goods.
The seller does not require any fees depending on the payment method, except for the cost of delivery of the goods.
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer.
Acceptance of an offer with an amendment or variation is not an acceptance of the offer.
The buyer cannot deviate from the seller's offer when choosing goods. If the buyer states in the order other goods than those offered by the seller, or goods with different characteristics, the contract will not be formed. At the same time, the seller cannot deliver other goods than the buyer ordered, unless they agree otherwise.
Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer.
The purchase contract is concluded in the Czech language.
The resulting purchase contract, or tax document, will be stored in an electronic archive.
Registered users have access to concluded contracts after logging in on the seller's website.
The contract will be sent to unregistered customers in electronic form upon request.
The images of the goods are only illustrative and may not correspond to the actual form of the item.
Delivery of goods
The seller will deliver the goods to the buyer complete, no later than 15 days after the confirmation of the order, unless he specifies a different delivery period for individual goods. If the goods are listed as "in stock", the seller will ship the goods within four working days at the latest. The buyer is obliged to accept and pay for the goods. The buyer is advised to inspect the goods as soon as possible upon receipt.
In case of damage to the shipment, the seller recommends the buyer to write a damage report with the carrier or not to accept the shipment and notify the seller of this fact. By taking over the damaged shipment, the burden of the claim with the carrier will be transferred to the buyer, to whom we will provide cooperation.
Check the goods properly and do not remove the protective elements from the spare parts, in the case of removing the protective elements, the goods will not be accepted back in case of insufficient quality or damage.
Spare parts are always checked before assembly. Flexible connections "flex cables" do not bend by pressing or applying excessive force. Test the spare part before assembly "connect the keyboard and test and then mount it in the laptop", the LCD is always changed with the battery disconnected "please test the LCD by installing it in the laptop". etc..
Do not remove the warranty seals, if the warranty seal is removed, the goods will not be accepted for claim or return.
Documents for the goods, in particular tax documents, confirmations and certificates, will be handed over by the seller to the buyer immediately after payment for the goods, in the event of a technical problem on the part of the seller no later than two days after payment for the goods by the buyer. Payment of the goods means receipt of payment by the seller, in the case of cash on delivery, receipt is plus three working days from payment to the carrier.
The seller registers its sales in accordance with the provisions of the Act on Sales Registration. A properly completed receipt in the sense of electronic records of sales is a tax document that the buyer receives after paying the full amount. The moment of sales from the point of view of the Sales Registration Act in the case of payment with a gift voucher occurs when the goods are shipped to the buyer.
The seller issues receipts in accordance with the Sales Registration Act in electronic form sent by e-mail or in paper form, depending on the chosen payment method and method of transport.
If the buyer requests it, the seller will confirm to him in writing the extent and duration of his obligations due to defective performance and how the buyer can exercise their rights (Complaints Rules).
If the buyer is in arrears with taking over the goods, the seller is entitled to sell the goods in a suitable way after the expiry of the deadline, after notifying the buyer demonstrably by e-mail and providing him with a new reasonable deadline for taking over.
The seller is entitled to set off against the buyer the costs of storage and the costs of useless delivery of the goods due to the lack of cooperation on the part of the buyer in the absolutely necessary amount.
Cancellation of the order and withdrawal from the contract
In the case of distance contracts, the consumer buyer may withdraw from the contract within 14 days of taking over the goods or the last part of the delivery, regardless of the method of taking over the goods or making the payment.
The specified period is intended for the buyer-consumer to become familiar with the nature, properties and functionality of the goods to a reasonable extent, but does not apply to the use of the goods. In the case of irreversible signs of use, withdrawal from the purchase contract will be rejected by the seller in accordance with the law.
The purchasing consumer is entitled to withdraw from the contract at any time before the delivery of the goods.
Withdrawal from the contract shall be delivered or handed over by the buyer to the seller no later than 14 days after the deadline. The purchasing consumer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is advisable to indicate the date of purchase or the number of the contract/sales document, bank details and the chosen method of return in the withdrawal.
In the event that you are not a consumer, i.e. you are purchasing goods not only as part of your business or business activity (which is determined, for example, by stating the ID number when ordering or it is demonstrable that the purchase was made to the company "specifying the name as Service and the name or name of the service"), the right to withdraw it does not arise for you, because the Civil Code does not specify this possibility.
The seller is obliged to return to the purchasing consumer an amount fully corresponding to the price of the goods and the costs paid for its delivery within 14 days of withdrawal from the contract, in the same way as he received the payment from the purchasing consumer. If the original packaging is not returned, we will reduce the price by the cost of the packaging. In the case of inappropriate packaging, the goods are assessed to see if there could be damage to sensitive parts of the goods.
The condition for successful acceptance of returned goods and payment of money back to your account is that you have not used the purchased item in any way. In addition, some types of products must be in their original packaging, as determined by each merchant in the terms and conditions of their e-shop, while others can be unpacked. "Using the thing also means simply fitting the keyboard into the laptop, this will leave irreversible damage to the paint on the product and cause scratches".
The goods should be returned to the seller (not cash on delivery) complete, in the original packaging, must not show signs of wear or damage. The cost of returning the goods is borne by the buyer.
The seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he has delivered the goods to the seller.
If the returned goods are damaged due to a breach of the buyer's obligations, the seller is entitled to make a claim against the buyer for compensation for the decrease in the value of the goods and deduct it from the returned amount.
Exceptions:The right to withdraw from the contract cannot be exercised in case of breach or removal of the warranty seal and in the case of goods ordered at the buyer's request "these are products that are not in stock", contracts for the delivery of digital content, if it was not delivered on a physical medium, or for contracts for the provision of services, in both cases, on the condition that the fulfillment took place with the prior express consent of the buyer before the expiration of the period for withdrawal from the contract, and also for contracts for the supply of services or goods (including alcoholic beverages), the price of which depends on fluctuations in the financial market independently of the will of the seller, for contracts for the supply of goods modified according to the wishes of the consumer or for his person and for contracts for goods that are subject to rapid deterioration, for goods that have been irretrievably mixed with other goods or taken out of a closed package and cannot be returned for hygienic reasons, for the supply of sound or video recordings or computer programs, if the buyer has violated their original packaging, for the delivery of newspapers, magazines or other periodicals, for contracts for accommodation, transport, catering or the use of free time provided on a specified date or for contracts concluded on the basis of a public auction in accordance with the law regulating public auctions and in contracts for repair or maintenance carried out at a place designated by the consumer at his request.
The seller is entitled to withdraw from the contract at any time before the delivery of the goods, if he is objectively unable to deliver the goods to the buyer within a period reasonable for the circumstances due to third-party reasons and/or if it becomes clear that the buyer has violated a previously concluded contract with the seller.
At the same time, the seller warns the buyer that the contract is not concluded if there are legitimate doubts about the real identity of the buyer or in the case of obvious errors in the information about the goods or the price.
Rights and obligations from defective performance
Quality upon receipt
If, at the time when the buyer took over the item, the received goods have defects (e.g. do not have the agreed or legitimately expected properties, are not suitable for the usual or agreed purpose, are not complete, do not correspond to their quantity, measure, weight, or quality do not correspond to other legal, contractual or including pre-contractual parameters), these are product defects for which the seller is responsible.
The buyer consumer can apply to the seller, no later than two years after taking over the goods, according to his request, a claim for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
If the repair or replacement of the goods is not possible, based on withdrawal from the contract, the purchasing consumer may request a full refund of the purchase price.
If a defect becomes apparent within six months of receipt of the goods by the buyer, the item is deemed to have been defective upon receipt.
The seller is not obliged to comply with the claim of the buyer-consumer if he proves that the buyer-consumer knew about the defect of the goods before taking over or caused it himself.
In the case of sold used goods, the seller is not responsible for defects corresponding to the degree of previous use or wear. For items sold at a lower price, the seller is not responsible for the defect for which the lower price was negotiated. Instead of the right to exchange, the purchasing consumer has the right to a reasonable discount in these cases.
The buyer entrepreneur "purchasing with an ID number" can apply to the seller within one year from the receipt of the goods at the latest, according to his request, for free removal of the defect or for a reasonable discount on the price; if it is not disproportionate to the nature of the defect (especially if the defect cannot be removed without unnecessary delay), a demand for the delivery of a new item without defects or a new component without defects can be applied, if the defect concerns only this component.
Legal rights from defects
The purchasing consumer is entitled to exercise the right from a defect in the case of a new item that occurs in the consumer goods within twenty-four months of receipt.
The buyer entrepreneur is entitled to exercise the right from a defect that the item had when the risk of damage passed to the buyer, even if it becomes apparent only later. The right of the buyer entrepreneur will also be established by a defect that arose later, which the seller caused by breaching his obligation.
The buyer is obliged to notify the seller of the defect without undue delay after he could have discovered it during a timely inspection and sufficient care.
The purchasing consumer is entitled to exercise the right from a defect in the spare part that occurs with the spare part within twelve months of receipt.
The purchasing consumer bears full responsibility for defects due to improper assembly of the spare part, for the spare part, assembly by a service technician of the given manufacturer who has the appropriate knowledge and training is required.
The buyer is obliged to have the spare part installed by the specialist service of the given manufacturer, in the case of installation by an unauthorized service or self-help, it is automatically assumed that the buyer is at fault.
All spare parts are equipped with a security seal, its violation or removal by the consumer buyer is considered a violation of handling the product according to the manufacturer's specifications.
Within this period, the buyer-consumer is entitled to file a claim and, at his option, demand for a defect that constitutes a material breach of the contract (regardless of whether the defect is removable or non-removable):
• removing the defect by delivering a new item without a defect or by supplying a missing item;
•free removal of the defect by repair;
•a reasonable discount from the purchase price,
•refund of the purchase price based on withdrawal from the contract
A material breach of contract is one which the breaching party already knew or had to know at the time of concluding the contract that the other party would not have concluded the contract if it had foreseen this breach.
In the case of a defect that means an insignificant breach of the contract (regardless of whether the defect is removable or non-removable), the buyer-consumer is entitled to the removal of the defect or a reasonable discount from the purchase price.
If a removable defect has occurred repeatedly after repair (the third complaint for the same defect or the fourth for different defects) or the goods have a greater number of defects (at least three defects at the same time), the purchasing consumer can exercise the right to a discount on the purchase price, exchange of goods or withdraw from contracts.
The seller is not responsible for defects arising as a result of normal wear and tear, exposure to external influences, "flooding with liquid, etc." or failure to follow the instructions for use.
Complaint handling
The buyer is obliged to file a claim with the seller or the person designated for repair without undue delay after discovering the deficiency. If he does so in writing or electronically, he should state his contact details, a description of the defect and a request for the method of handling the complaint.
Upon notification of a defect, or without undue delay after notification of a defect, the buyer is obliged to inform the seller of the right (method of settlement of the complaint) he has chosen.
A change of choice without the consent of the seller is possible only if the buyer requested the repair of a defect that turns out to be irreparable.
If the buyer does not choose his right from a material breach of contract in time, he has the same rights as for a non-material breach of contract.
The buyer is obliged to prove the purchase of the goods (preferably with a proof of purchase). The deadline for processing a complaint starts from the handover/delivery of the goods to the seller or to the place intended for repair. The goods should be packed in suitable packaging during transport to avoid damage, they should be clean and complete.
The seller will handle the consumer buyer's complaint, including the removal of the defect, without undue delay, no later than 30 days after its application, unless a longer period is agreed upon in writing with the consumer buyer. After the expiration of this period, the buyer-consumer has the same rights as if there had been a material breach of the contract.
If the seller refuses to remove the item's defect, the buyer-consumer can demand a reasonable price discount or withdraw from the contract.
The warranty period is extended by the time from the application of the complaint until its settlement or until the time when the buyer was obliged to pick up the item.
The seller undertakes to inform the buyer about the settlement of the complaint by e-mail or SMS.
In the case of a justified complaint, the buyer is entitled to reimbursement of the costs incurred.
Personal data protection
IT-parts.EU is committed to protecting and securing your personal data. We use a number of different security technologies and procedures to protect your personal information from unauthorized access, use or disclosure. IT-parts.EU will not sell or in any way rent your personal data to anyone else.
Dispute resolution
Mutual disputes between the seller and the buyer are resolved by the general courts.
According to Act No. 634/1992 Coll., on consumer protection, as amended, the buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute from a purchase contract or from a contract for the provision of services. The entity that is authorized to conduct out-of-court dispute resolution is the Czech Trade Inspection. More information is available on the website www.coi.cz.
An out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute could not be resolved directly with the seller. The proposal can be submitted no later than 1 year from the day the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online through the ODR platform available at ec.europa.eu/consumers/odr/.
This procedure is not a mediation pursuant to Act No. 202/2012 Coll., on mediation, as amended, or an arbitration proceeding pursuant to Act No. 216/1994 Coll., on arbitration proceedings and enforcement of arbitration awards, as amended, and its use is not affected the authorization of the parties to address their claim to the Czech Trade Inspection or to the court.
During the duration of the negotiations on the out-of-court settlement of the dispute, the statute of limitations and preclusion periods according to the Civil Code do not run or start to run, until one of the parties to the dispute expressly refuses to continue the negotiations.
Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
Other
Deposit for goods
In the case of special order goods or goods that are not in stock, or the amount of goods that is not usual, the seller may be required to pay a deposit. The seller undertakes to inform the buyer immediately about the advance payment request.
Gifts
If the consumer's right to withdraw from the purchase contract is used, the buyer is obliged, together with the returned goods, to return the related gifts, including everything that he was enriched with. If there is no return by the buyer, these values will be understood as unjust enrichment. If the release of the subject of unjustified enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price.
Gift vouchers
The seller is the issuer of dantesprofi.cz gift vouchers, in various denominations. These vouchers can be purchased like any other item from the seller's offer. The gift voucher can be used in any order with the seller. The gift voucher must be used in full at once, the value of the voucher cannot be divided into multiple orders. The total value of the order in which the gift voucher is to be redeemed must be greater than or equal to the value of the voucher. Each gift voucher is equipped with a unique code that ensures its uniqueness.
The buyer can redeem the gift voucher in the seller's online store. The code printed on the voucher is used to redeem its value in the form of a discount. By entering a unique voucher code in the basket before sending the order, this value will be reserved in order to reduce the total price of the order. The actual use of the gift voucher only occurs at the time of invoicing, when the value of the gift voucher is actually deducted from the price of the order, thereby reducing the total amount to be paid.
In case of cancellation of the entire order or part of it with a gift voucher, the gift voucher can be used repeatedly in another order, but always only once. In the event of legal withdrawal from the contract within 14 days, the seller will renew the unique gift voucher code to the buyer.
In case of a problem with the application of the gift voucher code, the seller recommends that the buyer contact customer service.
Information and advice
All oral and written information about the suitability and possibility of use of the delivered goods is communicated to the best of the seller's knowledge. However, they only represent his values of experience and information that the seller obtained himself, from the manufacturer or his supplier.
Electrical waste
The seller ensures the take-back of electrical equipment from households and the separate collection of electrical waste, batteries and accumulators in accordance with the relevant legal regulations. The customer is entitled to return the old electrical equipment when purchasing a new similar electrical equipment or batteries or accumulators at the seller's premises.
The customer is also entitled to return electrical equipment, electrical waste or batteries or accumulators to collection points designated for the collection of said waste in the relevant municipality.
The seller also provides free take-back of electrical equipment from households directly in the household, if the customer orders goods of a similar type and use. The return applies to electrical equipment in the number corresponding to the ordered goods. Information about this service can be found here.
Written communication
In the case of delivery of documents between participants, the address of the seller and the address of the buyer specified in the order are considered to be the delivery address.
Other matters not mentioned here are governed by the Civil Code (No. 89/2012 Coll.), the Consumer Protection Act (No. 634/1992 Coll.) and other legal regulations, as amended by later legal regulations.
The contract and related issues are governed by Czech law.
Changes to business conditions in a form other than mutually agreed upon in writing.
