Business Terms and Conditions of Rarus Exclusive s.r.o.
(hereinafter referred to as "Terms and Conditions")
1.1. These Terms and Conditions regulate in accordance with section 1751 Art. 1 of Act 89/2012 Coll. the Civil Code (hereinafter referred to as "Civil Code") mutual rights and duties of Rarus Exclusive s.r.o., with registered office at Milady Horákové 185/104, 160 00 Praha 6 - Bubeneč, identification number (IČO): 04467647, incorporated in the Commercial Register maintained by the Municipal Court in Prague, under the file number: C 224728 (hereinafter referred to as "Rarus" or "Company") and a natural or legal person (hereinafter referred to as "Client"; Rarus and Client together referred to as "Parties" or "Parties to the contract") created by:
Contract for Work (hereinafter referred to as "Contract for Work")
2. Contract of Sale (hereinafter referred to as "Contract of Sale")
(Contract for Work and Contract of Sale together referred to as "Contract").
1.2. These terms and Conditions also regulate the rights and duties of the Parties in relation to use of the Rarus websites www.rarus.cz, www.rarus-exclusive.com, www.rarus-design.com, and showroom.rarus.cz (hereinafter referred to as "Website") and associated legal relations.
1.3. These Terms and Conditions are an integral part of the Contract. In the event of discrepancy between the Contract and these Terms and Conditions, the Contract shall prevail.
1.4. These Terms and Conditions may at any time be amended or changed by Rarus; this does not affect the rights and duties created under previous Terms and Conditions. If the Client agrees with the new Terms and Conditions, the previous Terms and Conditions cease to be effective and the new Terms and Conditions become an integral part of the original Contract.
1.5. The relations of the Parties (Rarus and the Client) not regulated by the Contract or by these Terms and Conditions shall be governed by the Civil Code.
2.1. By using the Website, the Client can place orders of goods and services offered by Rarus.
2.2. All prices of the goods and services listed on the Website, as well as photographs of the products, are used for illustrative purposes only and are not binding. Final and binding prices are sent to the Client with the confirmation of the Client's order.
2.3. When ordering goods and services via the Website, the Client is obliged to state complete and valid information.
2.4. Any use of materials located on the Website, including but not limited to texts, graphics and any other materials, by the Client or by any other user of the Website without prior written permission is strictly prohibited.
2.5. The Client or any other user accepts that the Website does not have to be available at all times and without malfunctions, especially with respect to necessary maintenance works on hardware and software owned by the Company or by third parties.
2.6. The Client is not allowed to use any mechanisms, programs, or other means and processes which are capable of negatively influencing the functioning of the Website. It is only allowed to use the Website in accordance with the designated purpose of the service, in forms that are allowed and which do not limit rights of other users.
Conclusion of a Contract
3.1. Web interface (hereinafter referred to as "Web Interface") includes the offer of Rarus' goods and the offer of the Company's services consisting in customizing goods according to the Client's individual wishes.
3.2. Price of the goods or other remuneration of Rarus listed in the Web Interface typically includes Value Added Tax (hereinafter referred to as "VAT"). The offer of the Company and the prices are effective for the time that they are displayed in the Web Interface. This provision does not limit the possibility for the Company to conclude a Contract with individually negotiated conditions.
3.3. Price of the goods or other remuneration of Rarus listed in the Web Interface does not include the costs associated with delivery of the goods to the Client, and is therefore valid only in case of collection of the goods by the Client in the registered office of the Company (hereinafter referred to as "Personal collection"). Information on the costs associated with the delivery of the goods to the Client will be either shown in the Web Interface once the selection of goods and services is finalized or the Company will inform the Client about the price in the order confirmation. Basic information on the costs associated with delivery of the goods are relevant for delivery within the Czech Republic. Delivery to other countries is possible according to terms negotiated with the Company.
3.4. If there is a price or remuneration of Rarus listed in the Web Interface, the Contract is concluded according to provisions 3.5 - 3.8 of the Terms and Conditions. If there is no price or remuneration of Rarus listed in the Web Interface, the Contract is concluded according to provision 3.9. of the Terms and Conditions. The Company and the Client herewith exclude the application of section 1740 Art. 3 of the Civil Code.
3.5. If there is a price or remuneration of Rarus listed in the Web Interface, the Contract is concluded as follows. The Client fills in the order form located in the Web Interface, which includes mainly the specifications of the ordered goods or services, the method of payment of the price of the goods or of the remuneration for services, information on the selected option of delivery, and information on the costs associated with the delivery of goods (together referred to as the "Order").
3.6. Before the Order is sent to Rarus it is possible for the Client to check the Order and make modifications and additions to it. Once the Order is confirmed in the Web Interface, the Company confirms the Order via e-mail to the Client's electronic address listed in the Order (hereinafter referred to as the "Client's E-mail"). If the Order is not confirmed to the Client's E-mail, the Client is obliged to contact Rarus via the contacts that are listed on the Website.
3.7. Depending on the specific characteristics of the Order (amount of goods, total price or remuneration of Rarus, foreseen costs for transportation) the Company may ask the Client for additional confirmation of the Order (via phone call or in writing), or for payment of the Order.
3.8. The Contract between Rarus and the Client is concluded with the delivery of the Order receipt confirmation (acceptation), which Rarus sends to Client's E-mail.
3.9. If there is no price or remuneration of Rarus listed in the Web Interface, the Contract is concluded as follows. Through the Web Interface, through electronic mail, in writing or via phone call, it is possible to deliver a non-binding inquiry to Rarus. On the basis of this inquiry, the Company will send to the Client a proposal to conclude a Contract (hereinafter a “proposal to conclude a Contract”). In this case, the contractual relation of the Parties starts to exist upon delivery of the acceptation of the proposal to conclude a Contract, which the Client sends to Rarus.
3.10. The Contract may also be concluded in writing during a personal meeting of the Client with a representative of Rarus.
3.11. The offer of all goods and services on the Website is non-binding, and Rarus has no obligation to conclude a Contract regarding these goods and services with a Client who in the past has violated his duties towards Rarus.
3.12. The Client agrees with the use of means of distance communications for Contract conclusion. If the Contact is concluded this way, the costs associated with the conclusion of the Contract which are incurred to the Client (internet connection costs, phone call costs etc.) are paid by the Client.
3.13. Rarus archives concluded Contracts and may not make them accessible to any third parties.
3.14. It is possible to pre-order goods which are currently not available. Before the goods are handed to the Client, the pre-order may always be checked, amended, or cancelled by a written letter of notification to Rarus (incl. the use of electronic mail). To pre-order goods, the Client must provide details of his payment card; the payment will not be processed until a Contract is concluded. If the card expires between the placement of the pre-order and the availability of the good, it will not be possible to process the pre-order and it will therefore be considered not valid; a notification about this will be sent to Client's E-mail.
3.15. If the Client wishes to cancel an Order, it needs to be done in writing (incl. the use of electronic mail).
3.16. If the ordered goods (or its parts) are no longer being produced or sold, or if the price for which Rarus buys the goods from its suppliers changes significantly (by more than 20 %), the company is obliged to immediately contact the Client to agree on further actions.
Subject of the Contract for Work
4.1. By a Contract for Work, Rarus undertakes to perform, at its own expense and risk, a Work for the Client - visual modification of the Client's device, which is specified in the Contract for Work.
4.2. By a Contract for Work, the Client undertakes to pay the price for performance of the Work - visual modification of the Client's device, the price of which is specified in the Contract for Work.
4.3. The Client understands that in the case of conclusion of a Contract for Work, the warranty provided by the producer of the device will be void, and that Rarus only guarantees the quality of the performed visual modification. Rarus does not assume the warranty provided to the Client by the producer of the device. Rarus does assume the warranty provided to the Client by the producer of the device only if the device on which the Work shall be performed for the Client is completely new and in intact original packaging with the guarantee statement issued by the producer.
4.4. For rights and duties of the Parties associated with goods modified according to a Contract for Work provisions of these Terms and Conditions regulating disposing of goods will be used (above all sections 8, 9 and 16 of the Terms and Conditions).
Performing of the Work
5.1. The Client agrees that Rarus may start performing the Work upon the conclusion of the Contract. If the Client is a consumer, the Client understands that if the subject of the Contract for Work is performed before the end of the time limit for withdrawal, the Client loses the right to withdraw from the Contract.
5.2. Rarus is obliged to perform the Work with due care, in line with generally binding regulations, independently and in accordance with the Client's interests.
5.3. The Client is obliged to provide necessary cooperation to Rarus (or its employees), especially when some characteristics of the Work are unclear or if their performance would be purposeless or in case of other questions posed by Rarus regarding the Work. The Client is obliged to answer any question associated with performing of the Work immediately. If the Client does not provide the necessary cooperation, the date of delivery in the Contract is postponed by the number of days during which the necessary cooperation was not provided by the Client according to this subsection.
5.4. If not agreed otherwise in the Contract, Rarus has no duty to check the correctness of the subject-matter and content of the documents provided by the Client for performing of the Work. The company is obliged to perform a routine check of the technical correctness of the underlying documents in relation to the intended purpose.
5.5. Rarus may also entrust a third person with performing of the Work. If the Work is performed by a third person, Rarus is responsible as if it performed the Work itself.
5.6. If the Work according to the Contract contains material protected by the rights to intellectual property (e.g. pictures, fonts, photographs) to which the rights are exercised by a third person, the Client is obliged to respect the (sub)license agreement provisions as stipulated with the licensor.
5.7. Rarus sends a preview of the Work to the Client via electronic mail (in .pdf format) or shows the preview directly to the Client. The Client is obliged to get acquainted with the preview and its details. Upon agreement with this preview by the Client the Work will be performed by Rarus bearing in mind, that the preview is a preview and that the final Work might not be identical with the preview. The agreement with the preview has to be done by the Client via:
electronic mail using the
electronic address which was used for sending the preview to the Client; the version of the preview, which
is the subject of this agreement, must be attached to this agreement
b. in print (personally) in the Rarus office
5.8. The agreement with the preview according to provision 5.7. of these Terms and Conditions defines the visual form of the Work. It is understood that this agreement replaces any prior information or commands regarding the visual form of the Work.
5.9. If the Client does not agree with the visual form of the Work included in the preview, he/she needs to immediately notify Rarus via electronic mail using the electronic address which was used for sending the preview to the Client. The Client needs to include specific commands for modification of such preview. Rarus is entitled to remuneration for modifications of the preview in the amount specified with the Client.
5.10. During the time when the preview of the Work is being prepared, the time limit for supply of the goods does not run. If the Client is not providing cooperation necessary to perform the Work, including delivering the underlying documentation, or if the Client is in default with payment of any part of the remuneration of Rarus, the time limit to perform the Work by Rarus is extended by this period.
5.11. If the Client is in default with providing cooperation necessary to perform the Work which lies in delivering documentation to Rarus, the Company may perform the Work to the extent to which it is possible to perform the Work without the delivery of the documentation.
5.12. If the Client is in default with providing cooperation necessary for performing of the Work which lies in delivering documentation to Rarus, and if it is therefore not possible to continue with performing of the Work, Rarus can fulfil its duties by performing the parts of the Work which can be performed without the Client's cooperation (without the documentation).
Documents for the Contract for Work
6.1. If there are any documents (hereinafter referred to as "documents") handed over to Rarus by the Client in connection with the Contract for Work, the following provisions are effective.
6.2. If any third party asserts the rights to the documents against Rarus, the Client is obliged to immediately hand over all documents and information necessary to successfully resolve the dispute with the third party. If the third person claims that by using the documents according to the Contract for Work her rights are infringed upon, especially copyrights, or that the act was in unfair competition, the Client is obliged to compensate without delay all reasonably incurred costs to Rarus associated with the dispute with the third party.
6.3. If there is any harm caused to Rarus in relation with the documents (including public law sanctions and costs associated with such unlawful act), the Client is obliged to compensate this harm to Rarus within thirty (30) days from the day when this harm was caused.
Subject of the Contract of Sale
7.1. By a Contract of sale, Rarus undertakes to deliver a thing to the Client and allow him to acquire the right of ownership therein, and the Client undertakes to pay Rarus the purchase price.
7.2. With the Contract of Sale a warranty is provided to the Client in the same extent as it would be by the producer of the device.
Transport, delivery and takeover of goods
8.1. If personal collection of the goods in Rarus office is not stipulated in the Contract, Rarus delivers the goods to the Client by handing it over to the carrier for carriage to the Client.
8.2. If personal collection of goods is stipulated in the Contract, the goods will be ready for collection in the Rarus office. Personal collection is possible in the time and date agreed by the Client and Rarus. The Client is obliged to collect the goods from Rarus within five (5) days from the notification that the goods are ready for personal collection. In case of personal collection, a protocol about the takeover of goods will be written.
8.3. The method of delivery of goods is determined by Rarus, if not stipulated otherwise in the Contract. If the method of transport is stipulated according to the Client's wishes, the Client bears all additional costs associated with this method of transport.
8.4. If Rarus is obliged to deliver the goods to a location designated by the Client, the Client undertakes to take over the goods at the delivery.
8.5. If there is a need for repeated delivery of the goods or if there is a need for delivery by other method than stipulated for reasons attributable to the Client, the Client undertakes to bear all costs incurred with the repeated delivery or the delivery by other means than stipulated respectively.
8.6. During the takeover of goods from the carrier, the Client is obliged to check that packaging of the goods is intact, and in case of any defects immediately notify the carrier and Rarus. The takeover of goods needs to be confirmed by the Client in the delivery protocol (by a signature or a stamp). If the packaging of the goods is not intact due to a possible unlawful intrusion into the delivered good's packaging, the Client may deny to take over the goods; the Client is obliged to notify the carrier about assertion of this right and make a protocol about it. By signing the delivery protocol the Client confirms that the packaging of the goods was intact and that any later claims about the intactness of the packaging will not be taken into account.
8.7. If any objective obstacles preventing the delivery of goods arise, Rarus is obliged to deliver the goods in a time limit, which is set in the Contract or which is appropriate taking into account the type of the goods and the place of delivery. The Company is entitled to deliver the goods before the stipulated time. If Rarus delivers the goods before the stipulated time, the Client is not entitled to deny the goods. Objective obstacles are all obstacles that prevent the delivery of goods which were not caused by Rarus, especially defects in transport, problems with transport from the producer, strikes, shutouts etc.
8.8. The time limit for delivery of goods according to the Contract of Sale or the Contract for Work commences with the moment of the advance payment (if an advance payment is stipulated), or with the Client's confirmation of the preview of the visual form of the good. The time limit for delivery according to the Contract does not run during the carriage of the goods to the Client. The duty of Rarus to deliver the goods is also considered fulfilled if the goods are delivered within 14 days from the date of delivery stipulated in the Contract.
Passage of the risk of damage to the goods, passage of the right of ownership
9.1. If Rarus is obliged to pass the goods to a carrier according to the Contract, the risk of damage to the goods passes to the Client upon the delivery of goods to the Client.
9.2. If personal collection of the goods is stipulated in the Contract, the risk of damage to the goods passes to the Client upon takeover of goods from Rarus.
9.3. Damage incurred to the goods after the passage of risk of damage to the goods to the Client has no influence on the duty of the Client to pay the price of the goods or the remuneration of Rarus.
9.4. The parties herewith exclude the application of section 2119 Article 1 of the Civil Code.
10.1. The Client undertakes to pay the purchase price and the remuneration for work (together referred to as "remuneration of Rarus") and advance payments for remuneration of Rarus on time and in the amount stipulated in the Contract. If there is no date set for the advance payment for remuneration of Rarus in the Contract, the date which is stated on the advance payment invoice of the Company, or on any other call for advance payment for remuneration of Rarus, is used.
10.2. The remuneration of Rarus is due on the date stated in the Contract. If there is no due-date for payment of remuneration of Rarus in the Contract, the remuneration of Rarus is due in the time limit stated on an invoice issued by Rarus or stated by any other call for payment, but at the latest within fourteen (14) days from the conclusion of the Contract. The remuneration is payable:
a. by direct payment to Rarus bank account no. 6969090/5500 maintained by Raiffeisenbank a.s. (hereinafter referred to as "Rarus account “) according to an invoice issued by Rarus or other call for payment made by Rarus
b. cash-free by a card
c. in cash upon the takeover of the goods, if this was accepted by the Client
d. in cash upon delivery of goods at the place designated in the Contract, but only if this method of payment was accepted by Rarus.
10.3. Rarus may ask to secure the payment of remuneration of Rarus (by stating the card details or by advance payment). Rarus is entitled to ask for advance payment of the whole remuneration of Rarus. If the subject of the Contract is customization of a thing according to Client's wishes, it is not possible to withdraw from the Contract according to provision 15.1. of this Contract and the paid advance payment may forfeit.
10.4. Rarus may provide discount from the remuneration of Rarus according to individually negotiated conditions. If not agreed otherwise, it is not possible to combine any discounts from the remuneration of Rarus. Rarus is a payer of the VAT. If the VAT is not included in the prices already, it will be added to all prices in line with legal requirements.
10.5. In case of direct payment the Client is obliged to pay the remuneration of Rarus together with mentioning the variable symbol of the payment. The duty of the Client to pay the remuneration of Rarus is fulfilled when the amount of money is credited to the Rarus account.
10.6. The Client takes into account that in accordance with section 4 Article 1 of Act no. 254/2004 Coll. the Client is obliged to make payments exceeding 350 000 CZK using a cash-free method of payment. Payment in any other currencies will be counted by the exchange rate of the Czech National Bank valid on the day when the payment was made. All payments in the respective calendar day are counted into the payment limit in this provision.
10.7. If it is usual in business dealings, Rarus will issue a tax document - invoice to the Client for the payments made by Client according to the Contract. The tax document - invoice is issued by Rarus to the Client (typically after the payment of remuneration) and sent electronically to the Client's E-mail. On the Client's demand it is possible for Rarus to personally hand over the tax document - invoice in print to the Client. If a right for discount arises to the Client, the Client issues an invoice - tax document (not including VAT) with a minimum thirty (30) day time limit for payment from the delivery of the invoice to Rarus.
10.8. The Company is entitled to the remuneration based on Contract even if the performance of the Work was precluded and/or continuing with activities of Rarus stipulated in the Contract was precluded, especially if the preclusion of the performance of Work was caused by the Client's acts.
10.9. If the Client is in default of any payments according to the Contract (or of advance payment for remuneration of Rarus) Rarus is entitled to charge interest on late payments in the amount of 0.05 % from the outstanding sum for each commenced day of the delay.
10.10. Unilateral setting off the claims of the Client towards Rarus against remuneration of Rarus is only possible if the claim is a due claim towards Rarus acknowledged (amount and title) in writing by Rarus, or if the claim is a claim authoritatively adjudicated in court or in arbitrage court.
Other rights and duties of the Parties
11.1. When the Client is in default of payment of (a part of) the remuneration or advance payment for the remuneration, the Company is not obliged to provide any services or goods according to the Contract. When the Client is in default of payment of remuneration of Rarus, the Company is not obliged to deliver any ordered goods or work; this is in effect until the full payment of remuneration of Rarus.
11.2. Rarus is entitled even to a partial fulfilment of the Contract.
11.3. No Codes of conduct according to section 1826 Article 1 paragraph (e) of Civil Code are binding for Rarus in relation with the Client.
11.4. The out-of-court settlement of consumer complaints is done by Rarus via its electronic address. The information on resolution of the Client's complaint will be sent by Rarus to Client's E-mail.
11.5. Rarus is entitled to sell goods and provide services on the basis of a trade license. The trade licensing inspection is in scope of a trade licensing office authority which exercises jurisdiction over Rarus. Supervision over protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises in its scope the supervision over compliance with Act no. 634/1992 Coll.
11.6. If not agreed otherwise by the Parties, Rarus is entitled to use the name or corporate name of the Client for marketing purposes as the so called references in all kinds of promotional materials (not depending on the form of these materials or on the form in which they are delivered).
11.7. The time limits in the Contract valid for Rarus start to run upon payment of remuneration of Rarus, partial remuneration or advance payment according to the Contract, if these payments are stipulated.
11.8. The Parties are obliged to inform the other party to the Contract about all facts that might be of importance for proper discharge of the Contract.
11.9. Rarus is only liable for breeches of legal obligations which were caused by it.
11.10. An obstacle came into existence independently from the will of the obliged party and prevents it from fulfilling its duties, if it cannot be reasonably foreseen that the obliged party will prevent or overcome the obstacle or its consequences, and that it could have foreseen the obstacle in the time when it came into existence (vis maior), is considered a circumstance excluding liability.
11.11. The Client hereby assumes the risk of change in circumstances according to section 1765 Art 2 of the Civil Code.
11.12. If any damage is caused to the Client in relation with the liability of Rarus for defective performance according to the Contract, and the damage is not caused intentionally or by gross negligence, the parties agree to limit the amount of compensation of such damage so that the total amount of compensation including loss of profit is limited to one third of the remuneration of Rarus that was really paid by the Client to Rarus based on the Contract. The Parties state that with respect to all circumstances related to the conclusion of the Contract, the total foreseeable damage including the loss of profit which may be caused to the Client due to defective performance according to the Contract may not exceed one third of the remuneration of Rarus that was actually paid by the Client to Rarus based on the Contract.
Personal data protection
12.1. Protection of personal data of a Client, who is a natural person, is provided in accordance with Act no. 101/2000 Coll. on the protection of personal data.
12.2. The Client agrees with processing of the following personal data: name, surname, address, Client's E-mail, phone number, IP Address number (together referred to as "personal data").
12.3. The Client agrees with the processing of personal data by Rarus for following use - for carrying out rights and duties according to the Contract, and for the purpose of sending information and business messages to the Client. The personal data will be stored for an indefinite time period. The personal data will be processed automatically in an electronic form or non-automatically in a printed form. A full agreement with the processing of personal data according to this article is not a necessary condition for conclusion of the Contract.
12.4. The Client acknowledges the duty to state all personal data correctly and truthfully, and to inform Rarus without delay in case of any changes in the personal data.
12.5. Rarus may charge a third person - a processor - to process the personal data of the Client. The Personal data of the Client will not be distributed to any third parties without prior consent of the Client, with the exception of carriers and entities entitled to administration and collection of debts for Rarus.
12.6. The Client confirms that the stated personal data is accurate and that he was instructed by Rarus that the personal data was provided voluntarily.
12.7. If the Client believes that Rarus or a processor according to provision 12.5. is processing the Client's personal data in a manner which is conflicting with the protection of the Client's private or personal life, especially if the Client's personal data is inaccurate with regards to the purpose of the processing, the Client may:
a. ask Rarus or the processor for explanation,
b. ask Rarus or the processor to remove such a state, in particular by means of blocking, correcting, amending or removing of the personal data. If the Client's request is justified, Rarus or the processor will immediately remove the defective state. If Rarus or the processor of the request does not grant the request, the Client is entitled to contact the Office for Personal Data Protection. This provision does not limit the Client's right to contact the Office for Personal Data Protection directly.
12.8. If the Client asks for information on the processing of his personal data, Rarus is obliged to provide such information. Rarus is entitled to ask for reimbursement for providing information according to the previous sentence; the amount of the reimbursement may not exceed the costs necessary for provision of the information.
Sending of business messages, storage of cookies
13.1. The Client agrees with sending of information and business messages from Rarus to the Client's E-mail regarding the services that Rarus provides or the enterprise itself; the Client also agrees with sending of business messages of third persons to the Client's E-mail.
13.2. The Client agrees with the storage of the so called cookies in his computer. Cookies are small files that help Rarus and third persons with recognition of the Client's computer in its communication with the Website. If it is possible to fulfil duties from the Contract without storing cookies into the Client's computer, the Client is entitled to revoke the agreement with the storage according to the first sentence of this paragraph.
Effectiveness of the Contract
14.1. The Contract becomes effective on the date of its conclusion, i.e. with the confirmation of the order from Rarus or by signing a written copy of the Contract.
14.2. Termination of an effective Contract does not influence the provisions of the Contract (Terms and Conditions) from which it follows that they shall remain effective even after the Contract ceases to be effective.
Withdrawal from the Contract
15.1. The Client takes into account that according to section 1837 of the Civil Code it is not possible to withdraw from a Contract, the subject of which is customisation of goods according to Client's wishes. The Client takes into account that Rarus' activity consists in customisation of goods according to the Client's needs. The Client is aware that according to the legal regulation it is not possible for the Client to withdraw from such Contract and receive back money that was paid.
15.2. If withdrawal from the Contract is not excluded by provision 15.1. of the Terms and Conditions, and it is not the case that the withdrawal is excluded by the Civil Code, the Client, who concluded the Contract using means of distance communication, may withdraw from the Contract in accordance with section 1829 of the Civil Code within fourteen (14) days from the takeover of the goods. The withdrawal from the Contract must be delivered to Rarus within fourteen (14) days from the takeover of the goods. The withdrawal from the Contract may be sent to the address of Rarus office or sent to the electronic address of the Company.
15.3. If the Client withdraws from the Contract according to provision 15.2. of these Terms and Conditions the Contract is cancelled from the beginning. The goods have to be delivered within fourteen (14) days from the withdrawal by the Client. The goods must be returned undamaged, unused and in original packaging. If the Client withdraws from the Contract, the Client bears the costs associated with returning of the goods to Rarus.
15.4. Rarus in entitled to conduct an inspection of the goods within fourteen (14) days from returning of the goods by the Client according to provision 15.3. of Terms and Conditions; this inspection is conducted to find out whether or not the returned goods are damaged, worn by usage, or partially consumed.
15.5. If the Client withdraws from the Contract according to provision 15.2. of Terms and Conditions, the Company is obliged to return to the Client any performance provided by the Client within fourteen (14) days from the end of the time limit for the inspection of the goods according to provision 15.4. of Terms and Conditions; the last day of this time limit shall be no later than within thirty (30) days from the delivery of the withdrawal from Contract. The transfer will be done cash-free to an account designated by the Client.
15.6. If the goods returned by the Client in the withdrawal are found to be damaged, worn by usage, or partially consumed, Rarus is entitled to a compensation from the Client for the damage which was thus incurred. The claim of the Company can be unilaterally set off against the Client's claim for the paid remuneration of Rarus according to the Contract, which shall be returned to the Client.
15.7. If a Client, who is a consumer, withdraws from a Contract for Work, he will pay the Company a proportional part of the stipulated remuneration of Rarus for the performance which was actually provided before the withdrawal from Contract for Work.
15.8. Rarus is entitled to withdraw from the Contract anytime before the takeover of the goods by the Client. In such case Rarus pays back to the Client the remuneration of Rarus without unnecessary delay. The transfer will be done cash-free to an account designated by the Client.
15.9. If the Client is a legal person and not a consumer, the aforementioned provisions regarding withdrawal from a Contract by a consumer shall not be applied. In this case, provisions of the Civil Code or of the Contract shall be used.
Rights arising from a defective performance
16.1. The rights arising from a defective performance are governed by the legal regulation, particularly by Sections 1914 through 1925, 2099 through 2117, 2161 through 2174, and 2615 through 2619 of the Civil Code.
16.2. The Client is obliged to inspect the goods or other performance by Rarus according to the Contract with due diligence as soon as possible after the passage of the risk of damage to the Client, and repeatedly before the goods are used.
16.3. If the Client is not a consumer, the following provisions are effective:
a. The rights of the Client arising from the Rarus' liability for defects, including a warranty liability (provided a warranty is stipulated) shall be asserted in writing at the address of Rarus office, or via Rarus electronic mail (hereinafter referred to as "warranty claim")
b. If the goods were supplied in a different quantity, quality or design than stipulated in the Contract, the warranty claim needs to be asserted against Rarus without delay, at the latest within three (3) days from receipt or takeover of the goods. If there is no warranty claim asserted within this time period, the goods are considered to be properly delivered. In such case the Client is obliged to submit the respective goods and delivery notes together with a written warranty claim.
c. If the carriage of the goods to the Client is done by a carriage provider and the delivered goods are damaged, the Client is obliged to file a note about it with the carrier and immediately contact Rarus, whose representative will solve the situation individually. The Client and any third persons are forbidden from manipulating with the damaged device until a Rarus representative arrives. If the Client breaches any duty stated in the previous sentences of this subsection, the goods may be considered to be properly delivered by Rarus.
d. Rarus processes the warranty claim in accordance with the effective legal regulation. If the performance of Rarus according to the Contract is defective, the Client's claims arising from liability for defects will be satisfied in the following way and order: by supplying of the missing goods, by an adequate discount from the remuneration of Rarus, by removing of other defects, by supplying replacement goods for the defective goods.
e. A filed warranty claim has no influence on the Client's duty to pay remuneration of Rarus or other duties to Rarus.
f. If the warranty claim is justified, the Client is entitled to a compensation of the necessary costs that were incurred in direct connection with the warranty claim.
16.4. If the Client is a consumer, the following provisions are effective:
a. Rarus is liable to the Client for a defect-free condition of the goods upon takeover. Rarus is in particular liable to ensure that at the time the Client takes over the good
i. the goods have the properties stipulated by the parties, and in the absence of such stipulation such properties which the Rarus or the producer described, or which the Client expected given the nature of the goods concerned and the advertising presented by Rarus or the producer,
ii. the goods are suitable to be used for the purpose stated by Rarus or to which the goods of such kind are usually used,
iii. the goods' quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
iv. the goods have the quantity, measurement or weight and
v. the goods meet the requirements laid down by legal regulations.
b. In case there is a defect within six months from takeover, the thing is presumed to have already been defective upon takeover. The Client is entitled to assert the rights from a defect of consumer goods, which occurs within twenty four months after the Client takes over the good.
c. The rights arising from a defective performance shall be asserted on the address of the Rarus office, or via Rarus electronic mail. The warranty claim is considered filed when Rarus receives the respective goods from the Client.
16.5. If the Contract is concluded in writing, the Client waives his rights from a defective performance of Rarus from the Contract in accordance with section 1916 article 2 of the Civil Code.
16.6. The Parties agree that if not regulated otherwise by the legal regulation, Rarus is only liable for a culpable breach its duties.
16.7. The Client takes into account that the visual modification of goods already owned by the Client results in voiding any warranties provided by a previous seller or producer. In this case Rarus only guarantees the quality of the performed visual modification and guarantees that there is no loss of functionality of the device after the modification in comparison with the state in which the device was during takeover by Rarus.
16.8. The conditions for a successful Warranty claim may extinguish in following cases due to:
1. unprofessional installation, handling, manipulation with and use of the goods,
2. hardware intervention (dismantling) anyone other than the persons called by Rarus,
3. use of the goods under conditions that do not meet the conditions for standard usage (e.g. in temperatures over 40 degrees Celsius),
4. damage caused to the goods by natural elements (sand, water, sunshine) or by violent attacks of third persons,
5. damage caused by excessive loading,
6. damage caused by exposure to aggressive substances (including human and animal sweat),
7. damage caused by connection to the power grid which was not done according to the respective ČSN (Czech State Norm), or damage caused by the effects of overvoltage in the power grid,
8. wear of the goods caused by regular usage (scratches caused to the goods by placing them on hard surfaces, carrying the goods in pocket together with keys). Rarus recommends the Client to buy a protective case for the device or to handle it with exceptional care,
9. the Client breeches the Guidelines for usage of Rarus goods which are included in the appendix of these Terms and Conditions.
10. All devices sent to repair or complaint must be erased to factory settings and must be turned off the "Find My iPhone" service.
17.1. The legal relations between the Parties to the Contract are governed by the laws of the Czech Republic, especially by the Civil Code, bearing in mind that the Parties:
a. exclude application of maintained business usages according to section 558 Article 2 of the Civil Code, provided that the Client is entrepreneur,
b. exclude application of section 1748 of the Civil Code,
c. exclude application of section 1799 through 1800 of the Civil Code, provided that the Client is entrepreneur.
17.2. If the legal relation created by the Contract contains an international (foreign) element, the Parties agree that the relation shall be regulated by the laws of the Czech Republic, and that they exclude the application of UN Convention on Contracts for International Sale of Goods.
17.3. If not stipulated otherwise, the legal relations between Rarus and the Client shall not be governed by the Terms and Conditions of the Client.
17.4. If not stipulated otherwise, all the correspondence related to the Contract has to be delivered in writing to the other Party to the Contract, either via electronic mail, personally or dispatching it by registered post using a postal service operator (the sender makes the choice). Rarus shall use Client's E-mail stated in the Order (or used in contact with Rarus) to deliver to the Client. The correspondence is considered delivered:
a. in case of delivering via electronic mail at the moment when the mail is received by the incoming mail server,
b. in case of delivering personally or dispatching using a postal service operator upon takeover of the goods by the addressee,
c. in case of delivering personally or dispatching using a postal service operator also by denying to take over the dispatch of goods, if the addressee (or a person entitled to take over the goods for the addressee) denies to take over the goods,
d. in case of delivering using a postal service operator also upon the end of the time limit of ten (10) days after the shipment is deposited in custody of the postal service operator and the addressee is called to collect the shipment; this provision applies even if the addressee did not learn about the goods being deposited in custody.
17.6. If any provision of the Contract or of the Terms and Conditions is (or becomes) invalid or ineffective, the Parties undertake to replace it with a new provision, whose meaning will be as close to the meaning of the invalid provision as possible. The validity of other provisions of the Contract and of the Terms and Conditions is not influenced by the fact that the provision is invalid or ineffective.
17.7. Any disputes between the Parties under the Contract or related to the Contract shall at first be settled amicably. If an amicable settlement is not found within one month from the notification, that the party which claims there is a dispute submits to the other party to the Contract, and which contains the notification about the existence of the dispute or a proposed settlement of the dispute, the dispute shall be resolved by a Civil Court upon motion from either party.
17.8. Any changes of and amendments to the Contract or the Terms and Conditions require a written form.
17.9. An integral part of these Terms and Conditions is:
a. appendix no. 1 – The Guidelines for usage of Rarus goods.
17.10. These Terms and Conditions come into force and effect on the 1st August 2014.