Ogólne warunki handlowe

These Terms comprise the following parts:

• Introduction
• Order
• Payment and Delivery
• Withdrawal from the Contract by the Buyer
• Warranty Claim Terms
• Withdrawal from the Contract by the Seller
• Liability
• Out-of-Court Dispute Resolution
• Final Provisions
• Downloadable Annexes - Marketing, Intangible Rights

INTRODUCTION

Amplla's terms and conditions. You are now reading the terms and conditions (“Terms”) of Amplla a.s., company identification number 284 85 408, with its registered office at Poličská 1823, 539 01 Hlinsko, Czech Republic, registered in the Commercial Register kept by the Regional Court in Hradec Králové under file no. B 2843 (“we”). We operate the website amplla.cz in various language versions, through which you can order and purchase our products (“Website”).

You. The Contract. These Terms form an integral part of the contract which we, as the seller, and you, as the buyer (“you”), conclude through the Website (“Contract”). We may also agree on individual terms of our relationship in the Contract itself. Where the Contract and the Terms differ, the arrangements set out in the Contract prevail. The Terms are in the Czech language and we also conclude the Contract in the Czech language. This English version is provided for convenience only; in the event of any discrepancy, the Czech version shall prevail.

Contact details. You may contact us at any time using the following details: Address: Amplla a.s., Poličská 1823, 539 01 Hlinsko, Czech Republic

e-mail: [email protected]

telephone: +420 739 017 120.

ORDER

Presentation of products. All presentation of our products on the Website is of an informative nature and we are not obliged to conclude a Contract on the basis of such presentation.

Order. You may place an order through your customer account or without one. When filling in the order, you choose the product, the number of units and its colour variant from the range offered. Before bindingly submitting the order, you may check and change any of the details as you wish. You submit the order by clicking the “Order with obligation to pay” button. Before submitting the order, it is necessary that you fill in all of your details and confirm that you have read these Terms and agree with them.

Your details. When ordering products, you are obliged to provide correct and truthful details. We regard the details provided when ordering products as correct. We are not liable for damage caused by entering out-of-date, incorrect or incomplete details, for example if we are unable to deliver the product to you because you gave a wrong address.

Conclusion of the Contract. By submitting the order, you conclude a Contract with us under the conditions set out in the order, these Terms and the Contract. All orders placed through our e-shop are binding. By concluding the Contract, both we and you undertake to be governed by these Terms. The Contract is therefore concluded at the moment the order is submitted. We will confirm the order to you electronically by e-mail.

Unusual order. Where the nature of the order is unusual, we may ask you for additional confirmation of it by e-mail. In such a case, the Contract between us is concluded only at the moment the order confirmation is delivered.

Means of communication. When concluding the Contract, you agree to the use of means of distance communication and also to the fact that, in matters concerning the Contract after its conclusion, for instance concerning a warranty claim or withdrawal from the Contract, we will communicate by e-mail or via chat. The costs incurred in using means of distance communication (such as an internet connection or the costs of telephone calls) are borne by you, and these costs do not differ in any way from the standard rate.

Errors in prices. If an error occurs on our side in stating the price on the Website or in the course of the order, we are not obliged to deliver the product to you at the price stated incorrectly in this way. We will inform you of such an error by e-mail as soon as possible and send you an updated offer. This constitutes a new proposal of the Contract. In such a case, the Contract is concluded only upon your confirmation that you agree with the new and correct purchase price.

PAYMENT AND PURCHASE PRICES

Purchase price. You are obliged to pay us the purchase price for the product. All prices on the Website are stated including VAT and all related charges. Prices are valid on the day the order is submitted.

Tax document. For every payment we will issue you an invoice – a tax document, which we will send to you in electronic form by e-mail.

Payment. You may pay the purchase price only online using the Stripe payment gateway. If a delay in payment of the price occurs on your side, we are not obliged to perform the conditions of the Contract agreed by us, in particular to deliver the product to you.

Promotions and discounts. All promotional offers on the Website are valid while stocks last or for the period determined by us. Unless stipulated otherwise, any discounts from the purchase price cannot be combined with one another in any way.

DELIVERY OF THE PRODUCT

Dispatch of the product. Products that we have in stock will be dispatched to you as soon as possible after receipt of the purchase price. For the transport of products we use the TNT service (provided by FedEx).

Delivery of products. We will deliver the product to the place specified in the order. You are then obliged to take delivery of the product upon delivery. In the event that you do not take delivery of the product, we will regard this as withdrawal from the Contract and in such a case we have the right to demand compensation for the costs associated with it. If you take delivery of the Product later, we have the right to demand from you the costs of storing the Product for the period from the moment when you were to have taken delivery of the Product until the moment of taking delivery of the Product. In the event that, for reasons on your side, the product has to be delivered repeatedly or in a manner other than that stated in the order, you are obliged to pay the costs associated with the repeated delivery of the product or with the other method of delivery.

Delivery longer than 30 days. If delivery of the product were to take longer than 30 days from conclusion of the Contract, we will inform you of the delivery date by e-mail. In such a case you may decide whether you wish the order to be fulfilled only in part, to wait for the products currently unavailable, or to cancel the order, that is, to withdraw from the Contract. In the event that you withdraw from the Contract concluded in respect of the unavailable products, we will return the amount paid back to your account as soon as possible.

Taking delivery of the product. When taking delivery of the product, please carefully check, to be on the safe side, that the packaging is intact and, in the event of any defects, report this to the carrier immediately. In the event that the packaging of the product is damaged, you do not have to accept the consignment from the carrier.

Title. You acquire title to the product upon payment of the full price (including the costs of delivery), but no earlier than upon taking delivery of the product. Liability for accidental destruction, damage or loss of the product passes to you at the moment of taking delivery of the product or at the moment when you were obliged to take delivery of the product but failed to do so in breach of the Contract.

Documentation. If any documentation or other materials relate to the product, we will deliver them to you together with the product or by e-mail, if it is possible and efficient to deliver them electronically.

WITHDRAWAL FROM THE CONTRACT BY THE BUYER

— within 14 days of taking delivery of the product and return of the product

Right to withdraw from the Contract. If you concluded the Contract with us as a consumer, that is, outside the scope of your commercial or business activity, you have the right to withdraw from the Contract within a period of 14 days from delivery of the product without giving a reason. You have this right because the Contract is concluded at a distance over the internet, by what is known as the distance selling method. This part of the Terms applies to you only if you concluded the Contract as a consumer.

Exceptions. Please note that you do not have the right to withdraw from the Contract under this part of the Terms if you purchased a product that was manufactured according to your requirements or adapted to your personal needs, for example if you purchase a product with your own design.

Effects of withdrawal from the Contract. In the event of withdrawal from the Contract, the Contract is cancelled from the outset. This means that you return the product to us and we return to you the purchase price paid, including the lowest postage that we offer, if you paid it.

Course of withdrawal from the Contract. If you wish to withdraw from the Contract under this part of the Terms, write to us at [email protected] or contact us in any other way. If you wish to make use of your right to withdraw from the Contract without giving a reason under this part of the Terms, you must do so within 14 days of delivery of the product to you.

Return of the product upon withdrawal from the Contract. You must send the product to us within 14 days of withdrawal from the Contract and you may do so via the TNT service (provided by FedEx). Instructions on how to send it back to us via TNT (provided by FedEx) are enclosed with every consignment. Unless stated otherwise in the product return information that we enclose with every consignment, the costs of sending the product back to us are borne by you. The returned product must be unused, undamaged and well packed so that it cannot be damaged during transport. In the event that the product is incorrectly packed, you are liable for its damage. Take particular care to secure loosely inserted parts, such as, for example, the wall bracket. The safest option is to pack it in the original packaging with the same arrangement as it had upon delivery. It must be possible to distribute the product further even after withdrawal. The product must be returned to our address Amplla a.s., with its registered office at Poličská 1823, 539 01 Hlinsko, Czech Republic. Please do not send the product to us cash on delivery; ideally use TNT (provided by FedEx).

Refund of the purchase price. We will subsequently refund to you the purchase price for the product, including the lowest postage that we offer, if you paid the postage for delivery of the product to you. We will refund the money to you in the same way as we received it from you, but we may also agree on another method of refund. We will refund the money to you within 14 days of the moment when you withdrew from the Contract. However, we may withhold the payment until the returned product reaches us or until you prove to us that you have sent the product (for example by a confirmation from the carrier).

Gifts. In the event of withdrawal from the Contract, you are also obliged to return any gifts that you received with the order.

Set-off. If you have damaged the product, we are entitled to set off unilaterally our claim for compensation for the damage incurred to the product against your claim for a refund of the price. This means that if damage arises to us on the returned product, we will deduct it from the original purchase price and refund you any remainder.

WARRANTY CLAIM TERMS

What we are liable for. We are liable to you for the product being free from defects upon taking delivery. This means that, at the time when you take delivery of it, we are liable in particular for the following:

• The product corresponds to the description that we have stated for it.
• The product is in the corresponding quantity, measure or weight.
• The product is fit for the purpose that we state for its use, or for which the product is usually used.
• The product corresponds to the usual properties of similar products which you may reasonably expect, also with regard to advertising or our statements.
• The product corresponds in quality or design to the agreed sample or model, if we determine the quality or design according to such sample or model.
• The product complies with the requirements of legal regulations.
• For a defect caused by incorrect assembly, if it is carried out by us.

What we are not liable for:

• Wear and tear of the product through its usual use (e.g. for partial fading of the product's colours).
• Defects of which you were aware or which you caused yourself.
• In the case of a product that was sold at a lower price, we are not liable for the defect for which the product was discounted. We are liable for the other defects on a product discounted in this way.
• Differing shades of colours in reality and on a monitor or display; nor can such a difference be regarded as a defect.
• Obstacles caused by force majeure.

Instructions for use. Before installing or using the product, you are obliged to study the instructions for use and subsequently to follow the information stated therein. Otherwise you expose yourself to the risk that, through your incorrect use or installation, you will damage the product and will not be able to assert the resulting defect within the scope of your rights arising from liability for defects.

Use and installation of the product. You also do not have rights arising from liability for defects if you use the product contrary to our recommendation, technical manual, instructions or other documentation, for example:

• If you do not carry out the recommended or mandatory inspections and periodic statutory checks of the product.
• If the original parts of the product are replaced with non-original ones.
• If you use the product for a purpose other than that for which it is intended, carry out unprofessional installation, adjustment or modification, or use a spare part or accessory other than that specified by us as the manufacturer.
• If you maintain the product incorrectly, use the product in an excessively dusty, damp or contaminated environment or in an environment with large temperature fluctuations.

COURSE OF THE WARRANTY CLAIM PROCEDURE FOR CONSUMERS

Consumer. This section on the course of the warranty claim procedure applies only to consumers, that is, to a person who concluded the Contract with us outside the scope of their commercial or business activity or outside the scope of the independent exercise of their profession.

Time limits. You may exercise your rights from defective performance within twenty-four months of taking delivery of the product. If the defect manifests itself in the course of 6 months from taking delivery, the product is deemed to have been defective already upon taking delivery.

Warranty claim. A warranty claim must contain at least a description of the defects of the product and the requested method of settling the warranty claim. You may file a warranty claim by e-mail at [email protected] or at the address Amplla a.s., Poličská 1823, 539 01 Hlinsko.

Return of the product. Send the product to us for assessment complete, that is, as you received it from us. If possible, also including the original box and packaging. Send the goods to us at the address Amplla a.s., Poličská 1823, 539 01 Hlinsko; ideally you may use the TNT service (provided by FedEx).

Material breach of the Contract. If the product has defects that constitute a material breach of the Contract, that is, defects on account of which you objectively cannot have an interest in the product, you may, at your choice, request one of the following within the warranty claim:

• removal of the defect by delivery of a new product or a part of it free from defects, or by delivery of the missing product or a part of it,
• free repair,
• a reasonable discount from the purchase price,
• a refund of the purchase price on the basis of withdrawal from the Contract.

Non-material breach of the Contract. If the product has defects that constitute a non-material breach of the Contract, that is, if the product can, for example, serve its purpose but has some defect, you may, at your choice, request one of the following within the warranty claim:

• removal of the defect,
• a reasonable discount from the purchase price.

Chosen method of settling the warranty claim. When filing a warranty claim, you are obliged to state which method of settling the warranty claim you have chosen. A change of choice without our consent is possible only where you requested repair of a defect that turns out to be irreparable. If you do not choose your right arising from a material breach of the Contract in time, you have the same rights as in the case of a non-material breach of the Contract.

Reasonable discount or withdrawal from the Contract. To sum up, you have the right to a reasonable discount or to withdrawal from the Contract if we refused to remove the defect or did not remove it at our expense, within a reasonable time or without causing you any unreasonable difficulties, or where it is clear that we will not remove the defect at all or in the manner in which we should. You further have the right to a reasonable discount or to withdrawal from the Contract if the defect constitutes a material breach of the Contract.

Settlement of the warranty claim. Because you are a consumer, we will decide on your warranty claim within 3 working days, or within the same time limit we will decide that an expert assessment is necessary for the decision. We will then settle the warranty claim, including removal of the defect, without undue delay, at the latest within 30 days of its filing, unless we agree with you on a longer time limit.

Costs of filing a warranty claim. As a consumer, you have the right to reimbursement of the purposefully incurred costs of filing a warranty claim; these costs are understood to be the lowest possible. However, if you do not exercise this right within one month of the expiry of the time limit for notifying the defect, this right need not be granted to you.

Confirmation. After the end of the warranty claim procedure, we will send you electronically a confirmation of the date and method of settlement of the warranty claim, a confirmation of the performance of the repair and of the duration of the warranty claim, or a justification of the rejection of the warranty claim.

CUSTOMER ACCOUNT

Customer account. You may set up a customer account on the Website. Registration of a customer account gives you access to the status and history of your orders. You may order our products both through a customer account and without one.

Setting up a customer account. To set up your customer account we need your personal data. When registering a customer account, state correct and truthful details. If your details change, update them. We regard the details that you provide to us through the customer account as correct. If the details are stated incorrectly and, as a result, we are for example unable to contact you, we are not liable for the damage incurred.

Security of the customer account. The customer account is secured by a user name and a password. Do not disclose these access details to anyone. We bear no liability for any misuse of the customer account by third parties. The customer account is yours alone and you are not entitled to allow its use by third persons.

Cancellation of the customer account. You may cancel your customer account at any time, but you will lose the overview of orders linked to it. If you breach the Terms or the Contract, we may also cancel your customer account. We will inform you of this in advance by e-mail.

WITHDRAWAL FROM THE CONTRACT BY THE SELLER

Stock sold out. As the seller, we have the right to withdraw from the Contract if the product ordered by you is unavailable. In such a case we will inform you by e-mail as soon as possible and within 14 days we will return to your account all funds that we received from you.

Breach of the Terms on your part. If you breach these Terms or the Contract and are in delay with the fulfilment of your obligations for longer than 30 days, we are entitled to withdraw from the Contract after the expiry of this period. If you are already in delay and declare that you do not intend to fulfil your obligation, or if, having regard to the specific circumstances, it is evident that you will not fulfil it, we may withdraw from the Contract even before the expiry of the period stated in the preceding sentence.

Force majeure. In the event of force majeure or of events that cannot be foreseen (natural disaster, pandemic, operational failures, outages of subcontractors, etc.), we bear no liability for damage caused as a result of or in connection with cases of force majeure, and if the state of force majeure lasts for a period longer than 10 days, we are entitled to withdraw from the Contract.

Effectiveness of withdrawal. Withdrawal from the Contract under this article of the Terms takes effect on the day on which the notice of withdrawal is delivered to you.

LIABILITY

Limitation of liability. We are liable in full for damage caused to the natural rights of a person and for damage caused intentionally or through gross negligence. We are not liable for other damage. Nor are we liable for compensation for lost profit, the costs of acquiring a substitute product or compensation for non-pecuniary harm (unless these are the cases stated above, in which we cannot exclude liability).

Safety. Please note that the content of the Website is for informative purposes only and can in no case replace consultation with an expert in safety regulations, occupational safety, fire protection, etc. When installing, assembling and handling the products, it is necessary to comply with the instructions and other guidance stated in the enclosed documentation. It is also necessary to carry out regular periodic statutory checks of the products.

OUT-OF-COURT DISPUTE RESOLUTION AND SUPERVISION

ADR at the Czech Trade Inspection Authority. As a consumer, you have the right, under Act No. 634/1992 Coll., on consumer protection, to out-of-court resolution of a consumer dispute arising from the Contract. In such a case you are entitled to turn to the Czech Trade Inspection Authority (Česká obchodní inspekce, Central Inspectorate - ADR Department, Štěpánská 44, 110 00 Prague 1, e-mail: [email protected], web: adr.coi.cz). Out-of-court resolution of a consumer dispute is commenced exclusively upon your motion as a consumer, and only in the event that it was not possible to resolve the dispute directly with us as the seller. The motion may be filed no later than 1 year from the day on which you, as a consumer, first exercised with us as the seller the right that is the subject of the dispute. In addition, you also have the right to commence out-of-court dispute resolution online via the ODR platform available at the website ec.europa.eu/consumers/odr/.

We are subject to supervision. We are entitled to conduct business and sell our products on the basis of a trade licence. Trade licence supervision is carried out, within the scope of its competence, by the relevant trade licensing office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

Complaints. Send all complaints to us at [email protected]; we will handle them as soon as possible.

FINAL PROVISIONS

International element. If the relationship established by the Contract contains an international (foreign) element, then we agree that our relationship and the Contract are governed by the law of the Czech Republic, in particular by Act No. 89/2012 Coll., the Civil Code, as amended, and by Act No. 634/1992 Coll., on consumer protection, as amended. This is without prejudice to the applicable consumer rights arising from generally binding regulations. The UN Convention on Contracts for the International Sale of Goods shall not apply.
Resolution of disputes. We will always endeavour to resolve any disputes between us amicably. If this is not possible, we agree that disputes will be decided by the locally competent court of the Czech Republic according to our registered office as the seller.
Changes to the Terms. We may change or supplement the Terms. Rights and obligations arisen during the effectiveness of the previous wording of the Terms will not be affected by such a change. Put simply, a change to the Terms will have no effect on purchases already made. In the event that the subject of the Contract between us is not merely a one-off performance (such as a one-off purchase of our product), but we supply you on a long-term basis, we will inform you of the change to the Terms by e-mail, we will draw your attention to the possibility of disagreeing with the changes and of terminating the Contract for that reason. We will provide you with a reasonable period for this. If you do not make use of your right to terminate the Contract, we will regard this as meaning that you agree with the new wording of the Terms.
Copyright and industrial rights. All rights to the Website, in particular copyright to the content, including the page layout, photographs, films, graphics, trade marks, logos and other content and elements, belong to us. It is prohibited to copy, modify or otherwise use the e-shop or parts of it without our consent. We are the holder of industrial rights to our products, including the rights to the design of our products, which it is prohibited to copy or imitate.
Use of the Website. We bear no liability for errors arising as a result of interference by third persons with the Website or as a result of use of the Website contrary to its purpose. When using the Website, you must not use procedures that could have a negative effect on its operation, nor may you carry out any activity that could enable us or third persons to interfere without authorisation with, or to use without authorisation, the software or other components forming the Website. You must not use the Website or parts of it or the software in such a manner as would be contrary to its purpose or intended use.
Availability of the Website. Please note that the Website or parts of it need not be available continuously, mainly on account of maintenance of our hardware and software or maintenance of third-party equipment.
Archiving of the Contract. We archive the Contract, including these Terms, in electronic form and it is not publicly accessible. If you need it, write to us at [email protected] and we will be glad to send it to you.

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