Business Terms and Conditions of Rarus Exclusive s.r.o.
(hereinafter referred to as "Terms and
Conditions")
Article 1
Introductory
provisions
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:
1.
Contract for Work (hereinafter referred to as "Contract for Work")
and/or
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.
Article 2
Website
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.
Article 3
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.
Article 4
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).
Article 5
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:
a.
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).
Article 6
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.
Article 7
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.
Article 8
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.
Article 9
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.
Article 10
Payment conditions
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.
Article 11
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.
Article 12
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.
Article 13
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.
Article 14
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.
Article 15
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.
Article 16
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.
Article 17
Final
provisions
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.