General trade terms
General Business Terms and Conditions of ACTIVA, spol. s r.o.
Registered address Veselská 686, 199 00 Prague 9, Company ID No.: 48111198, VAT No.: CZ48111198, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File No. 16077
General business conditions for corporate customers
1. General Provisions
- These General Business Terms and Conditions describe and define the responsibilities of ACTIVA (hereinafter referred to as "ACTIVA" or as the "Seller") and the responsibilities of the Customer (hereinafter referred to as the "Customer" only) applicable to deliveries of office supplies, drugstore supplies, refreshment items as well as other goods (hereinafter referred to as the "Goods") supplied by ACTIVA to the Customer based on properly issued orders.
- These General Business Terms and Conditions are binding for all Customers of ACTIVA purchasing Goods from the valid Office-supply catalogue or from the eshop operated by ACTIVA and available at obchod.activa.cz. These General Business Terms and Conditions are binding for all Customers who will send a properly issued order to ACTIVA.
- These General Business Terms and Conditions shall become valid on the day when published on the ACTIVA webpage (www.activa.cz). The Seller may change or modify the text of these General Business Terms and Conditions without any Customer consent but only within a reasonable and adequate scope. In such scenario, the Seller is obligated to provide the Customer with the new wording of the General Business Terms and Conditions in written form with the proposed changes highlighted and specify an adequate time period during which the Customer shall notify the Seller whether they accept the proposed changes or not. Should the Customer fail to provide their statement during the establish time it shall be understood that the Customer accepts these changes. Should the Customer disagree with the proposed changes, either party may withdraw from these General Business Terms and Conditions. The time withdrawal period has been established at 15 days. The conditions under which the proposed changes must be delivered to the Customer are specified in Article IX. of these General Business Terms and Conditions.
- Any relations between ACTIVA and the Customer not specified in these General Business Terms and Conditions are subject to the applicable provisions of Act No. 89/2012 Coll., of the Civil Code (hereinafter referred to as the "Civil Code").
- Without the prior written consent of ACTIVA, Goods supplied by ACTIVA cannot be resold.
II. Goods Ordering
- An order may be sent to ACTIVA via regular mail to any ACTIVA branch specified in the ACTIVA catalogue or on the ACTIVA webpage, via telephone or fax at any ACTIVA branch telephone number specified in the ACTIVA catalogue or on the ACTIVA webpage, electronically to an ACTIVA email address shown in the ACTIVA catalogue or on the ACTIVA webpage, or through the eshop available on the obchod.activa.cz ACTIVA webpage.
- A Customer order must include the following information:
- Identification information including the company name or first and last name, registered address / permanent address, company ID No., VAT No., contact information (telephone, fax or email address).
- The code of the ordered Goods specified in the catalogue, or possibly, also a brief description of the Goods.
- The quantity of ordered Goods.
- Goods delivery address (if this information is not included, Goods will be delivered to the registered address / permanent address of the buyer).
- Goods delivery date, provided that the Customer and ACTIVA agreed on a different delivery date than specified in these General Business Terms and Conditions.
- The first and last name and signature of a person authorised to act on behalf of the Customer, or possibly, also an official stamp of the Customer.
- The first and last name of a contact person (if this information is missing, it will be assumed that the Customer or any employee of the Customer is authorised to accept the Goods).
- Should the order be missing any information specified in the previous article it will be regarded as incomplete. In such scenario ACTIVA will try to contact the Customer and will ask the Customer to remedy these issues or to add/verify the missing information. As soon as the additional or confirming information is delivered to ACTIVA the order will be regarded as completed.
- Immediately after the completed order is delivered, ACTIVA is obligated to check whether the ordered items are available and in stock. If the ordered Goods are not available in the warehouse or if the required quantity is not available, Activa will contact the Customer and will propose a different delivery date. If the ordered Goods may be delivered only during a longer delivery period, Activa must notify the the Customer about it.
- The Customer is aware that ACTIVA is not obligated to conclude a purchase contract with the Customer if the Customer has previously significantly violated a purchase contract, or the General Business Terms and Conditions.
- Telephone calls made to ACTIVA may be monitored.
III. Goods Purchase Price
- Purchase price shall be established based on the current ACTIVA catalogue. Upon the Customer's request ACTIVA shall provide the Customer with a printed catalogue valid for the relevant period. A printed catalogue is usually issued for one year. The current ACTIVA catalogue is available on the company webpage at obchod.activa.cz.
- ACTIVA reserves the right to increase the prices of Goods specified in the printed catalogue, provided that ACTIVA clearly demonstrates that ACTIVA suppliers significantly increased their prices. ACTIVA is obligated to inform the Customer about a price increase using a suitable notification method.
- The binding Goods purchase price is determined according to the current and valid ACTIVA catalogue available on the company webpage at obchod.activa.cz.
- Should the Customer fail to specify that they are ordering Goods at the prices specified in the printed catalogue on their order, it will be automatically and irreversibly assumed that the Customer is ordering Goods at the prices specified in the catalogue published on the company webpage at obchod.activa.cz. If the Customer specifies that they are ordering Goods for prices shown in the printed catalogue in their order, but the current price for the ordered Goods is different from the price specified on the order and provided that the Customer was not yet informed about the price change, ACTIVA is obligated to inform the Customer about the increase using a suitable notification method and determine whether the Customer wants to purchase the Goods for the increased price.
- If ACTIVA cannot contact the Customer in advance as described in the previous paragraph in order to make sure that the Goods could be delivered during the time specified in Article VI.2., ACTIVA is obligated to deliver the Goods for the prices specified in the printed catalogue.
IV. Purchase Contract Conclusion
- The act of delivering a complete Customer order to ACTIVA as specified in Article No. II.1. constitutes a proposal to conclude a purchase contract pursuant to Section 1731 et seq. of the Civil Code.
- the purchase contract may be concluded as follows:
- at the moment when the completed order is delivered to ACTIVA, provided that the Customer is ordering Goods for current prices,
- at the moment when the Customer accepts the Goods delivery for changed prices as specified in Article No. III.4.,
- at the moment when the time during which ACTIVA must contact the Customer as specified in Article No. III.5, expires,
- at the moment when the Customer agrees with the alternative fulfilment or with the delivery of Goods within a longer delivery period – as specified in Article No. II.4, whichever occurs later.
V. Purchase Price Due Date and Payment Terms and Conditions
- The Customer is obligated to pay the purchase price of delivered Goods by a bank transfer crediting the relevant amount to the ACTIVA account number specified on the tax document (invoice).
- In the case of a bank transfer, the purchase price shall be regarded as paid in full when the relevant amount is credited to the Activa account number specified on the tax document (invoice). A document demonstrating a cash payment is a payment receipt issued by the Customer and confirmed by ACTIVA, or a cash receipt issued by ACTIVA.
- The purchase price for Goods delivered by ACTIVA to the Customer based on an order issued by the Customer is payable and due within 14 days following the Goods delivery, or before the payable and due date specified on the relevant tax document (invoice) issued by ACTIVA, whichever of those two due dates occurs later.
- The Customer must pay for all payable obligations that they hold towards ACTIVA while observing the requirements specified in these General Business Terms and Conditions, unless the Customer and ACTIVA agree in writing on different payment terms and conditions. Should the Customer be late with payment for the purchase price, or any part of it, the Customer will lose the option to receive any discount provided by ACTIVA. At the same time, the Customer shall pay a contractual penalty in the amount of 0.05% of the due amount for each day of delay.
- ACTIVA reserves the right to request the Customer to pay for Goods in advance and in cash, provided that the Customer is in delay with payments payable to ACTIVA, or if the Customer was repeatedly in delay with payments in the past. Should the Customer not accept this requirement, ACTIVA has the right to deliver the ordered Goods after all outstanding debts payable and due to ACTIVA are paid in full.
VI. Goods Delivery Terms and Conditions
- ACTIVA shall deliver ordered Goods at its own expense and risk to the agreed delivery address, and during regular business days and during regular business hours. In such cases where the Customer orders Goods for a total price not exceeding CZK 1,000.00 without VAT and after subtracting all available discounts (after discounts are applied), the Customer will be charged a shipping cost in the amount of CZK 100.00 without VAT. Shipping cost will not be charged if it concerns additional fulfilment for an already placed order, or remaining partial delivery.
- Unless ACTIVA and the Customer agree otherwise, ACTIVA is obligated to deliver the ordered Goods no later than on the second business day following the order acceptance, provided that the order is delivered to the Seller during regular business days no later than before 5:00 p.m. (before 4:00 p.m. on Friday, provided that the order was delivered to a regional branch address). Orders placed through the eshop will be accepted on regular business days until 5:00 p.m. If an order is delivered later, ACTIVA is obligated to deliver the Goods no later than during the regular working hours of the second business day beginning from the day following the acceptance of the order.
- Delivery of special or non-standard Goods not specified in the catalogue (labels, business cards, stamps, letterheads, promotional items, etc.) will be established individually based on the type of manufacturing process.
- Together with delivered Goods ACTIVA will always deliver to the Customer a packaging list / delivery document including the exact descriptions and quantities of the delivered Goods. The Customer is obligated to inspect the cardboard packaging box for damage (see item VII. "Goods Claims and Warranty") and write down the name of the person who accepted the delivery using legible capital letters, clearly sign and stamp the document and thus confirm the acceptance of Goods. Should the Customer fail to do so, the Seller has the right to refuse to handover the Goods to the buyer.
- The Customer is obligated to immediately inform ACTIVA about any changes in the established place of delivery or about changes in the contact person information. ACTIVA is not liable for any damages occurring due to the incorrect or late delivery of Goods, provided that such delay occurred due to a failure of the Customer to observe the obligations specified in this article.
- Goods damage liability shall be transferred over to the buyer at the moment when the delivered Goods are accepted.
- ACTIVA shall issue a tax document (invoice) and hand it over together with a delivery document / packaging list to the Customer at the time of the Goods delivery. If it concerns a partial delivery/fulfilment, Activa shall deliver a tax document (invoice) later, after the contractually defined period expired. If the Customer provided ACTIVA with a written consent, Activa may send the necessary tax document (invoice) to the Customer electronically in the .pdf format to the email address specified in the written consent. In addition to the requirements specified by the applicable laws, each invoice must contain the following information:
- Identification information and invoice number
- Name, registered address, company ID No. and VAT numbers of the Seller and buyer, company registration information as recorded in the relevant Commercial Register (court, section, file No.).
- Seller's banking details
- Purchase price payable and due date.
- Quantity and descriptions of delivered Goods.
- Buyer's order number.
- Price without VAT, VAT amount and total due amount.
- Delivery document / packaging list number.
- Before the payable and due date expires the Customer has the right to return the invoice (deliver the invoice back to ACTIVA using an established postal carrier), provided that the invoice contains incorrect price information or if the invoice is missing information. Together with the returned invoice the Customer is obligated to describe any defects which should be corrected. If it is determined that the invoice was issued incorrectly, ACTIVA will issue a new invoice. The obligation of the Customer to pay for the purchase price within the payable and due period specified on the original invoice shall still remain valid, unless the original invoice contained an incorrect purchase price. In such case, the new due date shall begin after the corrected invoice is delivered back to the Customer.
- Should the Customer require a different legal entity to correct the issued tax document (invoice), or should they require a division of the tax document in a different way than required on the Customer's order, the Customer is obligated to pay ACTIVA an administration fee in the amount of CZK 100.00 without VAT.
VII. Goods Claims and Warranty
- The rights and obligations of ACTIVA and the Customer in terms of ACTIVA liability for Goods damage shall be subject to applicable and locally valid legal regulations, in particular, to the provisions of Section 2099 et seq. of the Civil Code.
- The Customer is obliged to inspect cardboard packaging units at the time of delivery. The Customer is obligated to claim incorrect amounts/volumes and obvious Goods defects immediately at the time of delivery, but no later than within 48 hours following the acceptance of the Goods. Each claim submitted by the Customer shall clearly specify the relevant defects and how the defects manifest themselves.
- The Seller answers to the buyer and is responsible for making sure that at the time of acceptance the relevant item complies with requirements specified in the purchase contract and that the item is free of defects. If during the acceptance process it is discovered that the item is not in compliance with the purchase contract (hereinafter referred to as "incompliance with the purchase contract"), the buyer is entitled to request the Seller to remedy the relevant defects of the item and to make sure that the item complies with requirements specified in the purchase contract and the Seller shall do so free of charge. Based on the buyer's request the Seller shall either replace or repair the item. This shall not apply in cases when the buyer was aware, before accepting the item/product, of the fact that the item does not comply with the requirements specified in the purchase contract, or when the buyer alone caused such incompliance. Non-compliance with the purchase contract occurring within six months following the acceptance of the item shall be regarded as a defect existing at the moment of the item acceptance, unless it contradicts the nature of the product or unless proven otherwise.
- Within 4 days following the receipt of Goods returned by the Customer pursuant to the article above, ACTIVA is obligated to inspect the returned Goods and to establish whether the returned Goods are damaged, worn out or partially used. Within 10 days ACTIVA must inspect the Goods and if the return of the Goods is justified, ACTIVA is obligated to reimburse the Customer for the paid purchase price plus any cost acquired in connection with the return of the Goods. If it concerns a contract withdrawal, ACTIVA is not obligated to reimburse the Customer for the purchase price if the Customer fails to return the ordered and delivered Goods back to ACTIVA.
- If it concerns refreshment items, computer consumables or office items, the manufacturer warranty specified on the Goods packaging shall always apply. An individual or special warranty is always specified in the ACTIVA catalogue or on the company website under the description of the relevant Goods.
- The warranty period shall begin on the day when the Goods are handed over to the Customer or rather when the applicable delivery document is confirmed by the Customer. The warranty period shall be interrupted during the time when the Customer cannot use the Goods (Goods claim/complaint proceedings, repairs, etc.). The warranty does not apply to wear and tear caused by regular use.
- To submit a claim or to receive after-sale services, it is sufficient to submit a document demonstrating that the relevant Goods were purchased at an ACTIVA store, for example, sales receipt (invoice) or confirmed warranty card, etc. If a warranty card is presented, ACTIVA may confirm the warranty card later, at the time of its presentation.
- The product must be used according to it´s original purpose, as it is apparent from the product description or the product manual. During the time of warranty it is forbidden to modify it in any way or violate the protective elements. In such case, the warranty is immediately terminated.
VIII. Personal Data Protection and Commercial Messages Sending
- Personal data are being processed and used in accordance with the provisions of Czech legislation (Act No. 110/2019 Coll., On the processing of personal data) and European legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council, general regulation on protection of personal data).
- The Customer agrees and is aware that the Seller will use the personal data provided to the Seller for the purpose of concluding the relevant purchase contract, including the Customer first and last name, permanent address, electronic email, phone number or other information provided to the Seller for the purpose of concluding the relevant purchase contract (hereinafter referred to as "personal data").
- The Customer agrees and is aware that the Seller will process their personal data for the purpose of exercising rights and obligations resulting from the purchase contract and for the purpose of sending information and commercial messages to the Seller.
- The user is aware of their responsibility to provide true and correct personal data when making online orders and to inform the Seller about any changes in their personal data.
- The Seller may appoint a third party to process personal data provided by the Customer. Except for persons handling Goods deliveries, the Customer's personal data will not be disclosed by the Seller to any third parties without prior Customer consent.
- Personal data may be used for an indefinite period of time. Personal data will be processed in electronic form using an automated process, or manually if provided in a paper form.
- The Customer declares that they have provided their personal data voluntarily and that the data is accurate. The Customer is aware of the fact that the consent allowing the Seller to process their personal data may be revoked through a written notice delivered to the Seller's address.
- Should the Customer feel that the Seller or the data processing person uses their personal data contrary to the rules describing the protection of private and personal life, or contrary to the law, in particular if the personal data is inaccurate with regard to the processing purposes, the Customer may:
- request the Seller or the data processing person to provide an explanation,
- request the Seller or the data processing person to remedy this situation. This may particularly include blocking, correcting, adding or disposal of personal data. If, based on the previous sentence, the Customer request is justified, the Seller or the data processing person must remedy the defective status immediately. If the Seller or the data processing person fails to satisfy the request, the Customer may exercise their rights and forward this issue directly to the Office for Personal Data Protection. This provision does not affect the Customer's right to address the Office for Personal Data Protection directly and immediately.
- If the Customer requests the Seller to explain and describe the actual method used to process their personal data, the Seller is obligated to provide the Customer with such information. The Seller is entitled to ask for reasonable compensation for information provided based on the previous sentence, however, not exceeding the costs required for providing the actual information.
- The Customer agrees to receive information relevant to goods, services or to the company of the Seller electronically, sent to the Customer's email address. Further, the Customer agrees to receive commercial messages sent by the Seller at their email address.
IX. Mail Deliveries
- Unless agreed otherwise, all correspondence relating to the purchase contract must be delivered to the other contracting party in writing via electronic mail, in person or via registered mail services provided by a postal carrier (at the sender's discretion). Mail shall be delivered to the email address of the Customer.
- A message shall be considered delivered:
- in case of electronic delivery, a mail shall be regarded as delivered when it is received by the incoming mail server. The integrity of messages sent via electronic mail may be secured by a certificate,
- in case of personal delivery or through a postal service provider, mail shall be considered delivered when accepted by the addressee,
- in case of personal delivery or through a postal service provider, mail shall be considered delivered when the mail is rejected by the addressee (or by a person authorised to accept mail on behalf of the recipient),
- in case of delivery through a postal service provider, upon expiration of a ten (10) day period following the day when the shipment was stored at the relevant postal service provider and when a mail delivery notification was sent to the recipient, including cases when the addressee had no way of knowing that mail was stored on their behalf.
X. Closing Provisions
- These General Business Terms and Conditions only apply to Goods purchased from the ACTIVA catalogue. As far as irregular or non-standard Goods purchases are concerned, and Goods that are not included in the ACTIVA catalogue, these General Business Terms and Conditions shall be applied as supporting and alternative measures, and only to additional issues not individually agreed between ACTIVA and the Customer. Goods deliveries ordered online from the ACTIVA eshop at www.activacek.cz shall be subject to the general business terms and conditions available on the ACTIVA eshop webpage.
- The actual use and application of individual provisions specified in these General Business Terms and Conditions, or possibly the use and application of these General Business Terms and Conditions may be completely eliminated by a written agreement between ACTIVA and the Customer.
- Legal relations between ACTIVA and its customers shall be subject to the applicable legislature of the Czech Republic.
- Should relations between ACTIVA and a particular Customer include international issues, both parties agree that such relation will be subject to applicable Czech laws.
- The Seller is entitled to sell Goods on the basis of an occupational license, and the Seller's activities are not subject to any other permits. The relevant Trade and Licensing Office shall perform the necessary occupational licence inspections.
- These General Business Terms and Conditions shall take effect on 1 January 2021.
General business conditions for end customers
I. General provisions
- These general business conditions regulate the rights and obligations of ACTIVA spol. s ro, with its registered office in Prague 9 - Letňany, Veselská 686, postal code 199 00, ID number: 48111198 (hereinafter also referred to as the “ACTIVA company” or “seller”) and the customer (hereinafter also referred to as the “buyer” or “customer”) from the assortment of the internet shop operated by ACTIVA at the address obchod.activa.cz (hereinafter referred to as the “internet shop”) to the customer on the basis of his order.
- These general terms and conditions apply exclusively to the supply of goods offered through an online store, which is not intended exclusively for corporate customers, ie legal and private persons who purchase goods in the course of their business (hereinafter referred to as "goods").
- These general terms and conditions are binding for all customers of the online store, ie for private and legal persons who send their order to ACTIVA via the online store.
- These general terms and conditions enter into force on the day of their publication on the ACTIVA website at obchod.activa.cz. The wording of the terms and conditions may be changed or supplemented by the seller without the consent of the customer only to a reasonable extent. In such a case, the seller is obliged to provide the customer with a new version of the terms and conditions in text form with visibly marked proposed changes and determine a reasonable period of time to express whether the customer accepts them. In the event that the customer does not comment within the specified period, it is considered that he agrees with the proposed changes. In the event that the customer does not agree with the proposed changes, each party is entitled to terminate the general terms and conditions. In this case, the notice period is 15 days.
- All relations between ACTIVA and the customer, which are not regulated by these general terms and conditions, are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code (hereinafter the "Civil Code"). According to § 419 of the Civil Code, a consumer according to these general business conditions is any natural person who purchases goods outside the scope of his business activities.
- Goods supplied by ACTIVA are not intended for resale without the prior written consent of ACTIVA.
II. Ordering goods
- The order can be delivered to ACTIVA only via the online store, ie via the internet application located on the ACTIVA website at obchod.activa.cz.
- The customer is obliged to state the following data in the order: a) Your identification, ie name or surname, delivery address, contact (telephone and e-mail address). b) Order number of goods and quantity of ordered goods. c) Address of the place of delivery of the goods (if this information is not provided, it is considered that the goods are to be delivered to the address of residence of the buyer). d) The day of delivery of the goods, if the customer agrees with ACTIVA differently from these general terms and conditions.
- If the order does not contain the requisites according to the previous article, it is considered incomplete. In such a case, ACTIVA will try to contact the customer and ask him to eliminate the deficiencies of the order and its possible clarification and / or supplementation. Upon delivery of the data specifying and / or supplementing the order to ACTIVA, the order is considered complete.
- ACTIVA will confirm to the customer the receipt of the order, in electronic form to the e-mail address provided by him.
- Immediately after delivery of the complete order, ACTIVA is obliged to check whether it has the required goods in stock. If the required goods are not in stock or are not available in the required quantity, ACTIVA will contact the customer and offer the delivery of an alternative performance. If the delivery of the required goods is only possible in a longer delivery period, ACTIVA will notify the customer of this fact.
- The customer acknowledges that ACTIVA is not obliged to enter into a purchase agreement with him if he has previously materially breached the purchase agreement or the general terms and conditions.
- Telephone calls with ACTIVA can be monitored.
III. Conclusion of the purchase contract
- The purchase contract is concluded at the moment of confirmation of the order sent by the customer via the online store of ACTIVA.
- Sending an order that does not contain all the required data or that ACTIVA would not be able to satisfy (eg due to a lack of relevant goods) will not be allowed via the online store.
IV. Purchase price of goods and payment terms
- The seller reserves the right to set the purchase prices at its discretion. The seller further reserves the right to later change the purchase prices set in this way.
- The prices stated for the goods include VAT at the rate resulting from the valid legal regulations.
- The purchase price includes the costs of packaging material and packaging.
- The purchase price of the goods will be determined according to the current prices listed on the website of the online store. In the event that there has been a change in the purchase price according to paragraph 1 and this change is not yet displayed on the website, ACTIVA is obliged to inform the customer who orders goods at an outdated price from the online store about the current new purchase price immediately upon receipt. customer orders. In this case, the customer is entitled to reject the new purchase price and cancel the order. If the final purchase price is the same or lower than the price stated on the website of the online store, it is not confirmed retrospectively to the buyer and the goods are delivered to him at the valid price at the time of receipt of the order.
- The seller reserves the right to cancel the order or part thereof and withdraw (in whole or in part) from the purchase contract after consultation with the buyer, in the following exceptional cases: the goods are no longer produced or delivered or the supplier's price has changed significantly. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address.
- In relation to the goods, which are provided to the buyer completely free of charge, the buyer cannot exercise any rights due to defects or insufficient quality of the goods. The transfer of ownership of such goods will be considered a donation under the provisions of § 2055 et seq. disciple. No. 89/2012, Civil Code.
- The purchase price for the delivered goods and any costs for their transport will be paid by the buyer to the seller as follows: a) by payment card in advance via the PayU payment gateway.
- The purchase price is considered duly paid only by crediting it in full for each separate part of the delivery to the account of the seller. The buyer can take over the goods in principle only after full payment of the purchase price, unless otherwise agreed in writing by the parties.
V. Terms of delivery of goods
- Orders received during the working day before 3 pm will be shipped the same day to the carrier (if all goods are in stock). If the goods are not in stock, the seller will immediately inform the buyer.
- Orders received during the working day after 3 pm and further orders received outside working days will be shipped to the carrier the next working day (if all goods are in stock). If the goods are not in stock, the seller will inform the buyer no later than the next working day.
- Delivery is made only within the Czech Republic. The buyer is entitled to choose one of the following methods of delivery in the order of goods:
The company Zásilkovna s.r.o. delivers shipments to its delivery points usually the next working day after receiving the goods from the seller. Zásilkovna contacts the buyer on the day of delivery by an SMS message, in which it informs him of the password necessary for taking over the shipment. From obtaining the password, the buyer has 7 days to pick up his shipment.
B. Courier into own hands
ACTIVA will deliver orders received on working days by 3 pm on the following working day. Orders received during the day after 3 pm or outside the business day will be delivered one business day later. The buyer is informed of the delivery on the day of delivery by a message sent to the e-mail address specified in the order. The report also includes a telephone contact for the driver.
- The risk of damage to the goods passes to the buyer at the time of receipt of the delivered goods.
- ACTIVA will issue a tax document to the customer - an invoice, which it will hand over to the customer when handing over the goods, or send to the e-mail address provided by the customer. Each invoice will contain all the requisites required by law.
- In the case of delivery of goods that are alcoholic beverages, the customer is obliged to present ACTIVA, or anyone who will deliver these goods for ACTIVA, an identity card or other proof of identity to verify that the customer is over 18 years of age. The sale of alcoholic beverages to persons under the age of 18 is prohibited. If it will not be possible to reliably verify that the customer is over 18 years of age, the goods will not be handed over and ACTIVA is entitled to withdraw from the contract.
VI. Complaints, withdrawal from the contract, warranty period and take-back of electrical appliances
- The rights and obligations of ACTIVA and the customer in the matter of ACTIVA's liability for defects in the goods are governed by the relevant generally binding regulations, in particular the provisions of § 2099 et seq. of the Civil Code. In the event that the customer is a consumer within the meaning of § 419 of the Civil Code, the rights and obligations regarding ACTIVA's liability for defects in goods are governed in particular by the provisions of § 2165 et seq. of the Civil Code.
- The buyer is obliged to check the carton and inspect the goods upon receipt of the goods. The buyer is obliged to complain about the incorrect quantity and obvious defects of the goods upon delivery immediately upon receipt of the goods, and in the case of sending the goods via the carrier within 48 hours of receipt of the goods. The buyer is obliged to make a complaint in writing and is obliged to describe the defects in it, or state how those manifest itself.
- The seller is responsible to the buyer for the fact that the sold thing is in accordance with the purchase contract when taken over by the buyer, especially that it is without defects. In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to have this defect repaired free of charge, either by repairing the item or replacing the defective part of the item. If such repair or replacement is not possible, the buyer is entitled to the delivery of the new item without defects, unless the buyer knew about the breach of the purchase contract before taking over the item or caused the breach of the purchase contract himself. The Breach of the purchase contract, that appears within 6 months from the date of taking over the thing, shall be deemed to be a conflict already existing at the time of taking over, unless this contradicts the nature of the thing or unless the contrary is proven.
- If the customer is a consumer within the meaning of the definition of § 419 of the Civil Code, ie if he is a natural person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract, and if the contract is concluded by means of communication distance (eg by telephone, e-shop, etc.), the customer has the right, regardless of the type of delivered goods, to withdraw from the contract within 14 days from the date of delivery of goods. Within this period, the goods must be handed over to ACTIVA for delivery. Withdrawal from the contract must be addressed by the customer to the address of any ACTIVA store or to the e-mail address of ACTIVA: obchod.activa.cz The goods must be returned to ACTIVA within 14 days from the date of sending the withdrawal from the contract to ACTIVA. Withdrawal from the contract can also be done via the ACTIVA online form "Withdrawal form", which is published on the ACTIVA website. In such a case, ACTIVA will acknowledge receipt of the receipt to the customer immediately upon receipt.
- The customer cannot withdraw from the purchase contract: a) for the provision of services, if they were fulfilled with his prior express consent before the expiry of the withdrawal period and ACTIVA informed the customer before concluding the contract that in such a case he has no right to withdraw from the contract, b) the supply of goods or services, the price of which depends on fluctuations in the financial market independently of the will of ACTIVA and which may occur during the period for withdrawal from the contract, c) on the delivery of goods that have been adjusted according to the customer's wishes or for his person, d) on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery, e) on the delivery of goods in a closed package, which the customer removed from the package and for hygienic reasons it is not possible to return, (f) the supply of an audio or video recording or a computer program if it has infringed their original packaging.
- ACTIVA is entitled to inspect the returned goods within 4 days from the date of receipt of the returned goods by the customer, according to the previous paragraph, especially in order to determine whether the returned goods are not damaged, worn or partially consumed. Within 10 days from the end of the period for reviewing the condition of the goods, ACTIVA is obliged, if the returned goods are in order, to return the purchase price to the customer together with shipping fees in the amount corresponding to the cheapest mode of transport. The cost of returning the goods to our address is paid by the customer. ACTIVA is not obliged to return the purchase price if the buyer does not return the ordered and delivered goods in connection with the withdrawal from the contract.
- The right to withdraw from the contract applies exclusively to goods purchased through the online store obchod.activa.cz.
- The customer is provided with a warranty period of 24 months for the delivered goods, unless a different warranty period is stipulated by legal regulations or directly by the manufacturer. However, for office equipment and consumables for computer technology, the warranty period specified by the manufacturer, stated on the packaging of these goods, always applies. The individual warranty period is always stated on the ACTIVA website in the description of the specific goods.
- The warranty period begins on the day the goods are handed over to the customer, resp. by confirming the delivery note. The warranty period does not run for a period after which the customer cannot use the goods (time of complaint procedure, repairs, etc.). The warranty does not cover wear and tear caused by normal use.
- For complaints and after-sales service, it is sufficient to prove that the goods were purchased from ACTIVA, eg to present a sales document (invoice), a confirmed warranty card, etc. In the case of submitting a warranty card, ACTIVA will confirm the warranty card additionally.
- Any complaints will be settled in accordance with the legal regulations in force in the Czech Republic. Complaints must be settled within the statutory period of 30 calendar days. This period begins to run the day after delivery of the goods to the seller and ends with the settlement of the complaint with the seller.
- Complaints must be made immediately after the product defect becomes apparent. If the buyer does not report the defect of the item without undue delay, the right to file a complaint expires.
- The goods must be used only for the original purpose, as can be seen from the description of the goods and as stated in the instructions for use. During the warranty period, the goods must not be modified in any way, no protective elements must be violated. Otherwise, the warranty on the goods expires.
- The seller reserves the right to differences in color shades presented electronically and real true colors.
- ACTIVA encourages customers to use the take-back of end-of-life electrical appliances.
VII. Protection of personal data and sending business messages
- Personal data are processed and used in accordance with the provisions of Czech legislation (Act No. 110/2019 Coll., On the processing of personal data) and European legislation (Regulation (EU) 2016/679 of the European Parliament and of the Council, general Regulation on the protection of personal data).
- The customer acknowledges that the seller will process his personal data, which he provided to the seller for the purpose of concluding the purchase contract. In particular, these are the following data: name and surname, billing and delivery address, e-mail address, telephone number, or other data communicated by the customer for the needs of the seller to fulfill the purpose of the purchase contract (hereinafter collectively referred to as "personal data").
- The customer acknowledges that the seller will process personal data for the purpose of sending commercial communications on the basis of the legitimate interest of the administrator. These are the following information: name, surname and e-mail address.
- The customer acknowledges that he is obliged to state his personal data correctly and truthfully when ordering online and that he is obliged to inform the seller without undue delay of any change in his personal data.
- The seller may authorize a third party to process the customer's personal data as a processor. These are external companies that provide support services such as payments, transport or mass mailings of business messages. The seller does not intend to transfer personal data to a third country outside the EU or an international organization.
- Personal data obtained for the purpose of concluding a purchase contract will be processed for the time necessary to fulfill the legal obligation of the seller, ie at least for the period specified by Act No. 235/2004 Coll., On value added tax, as amended, namely according to § 35 (2). Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
- If the customer voluntarily consents to the processing of personal data, including processing for profiling purposes in order to identify his relevant needs and offer suitable business offers and benefits, the customer may revoke this consent at any time either by clicking on a link in the business message or by sending a revocation of consent to e -mail address email@example.com. Failure to give or revoke this consent does not affect the delivery of goods or services.
- The customer has the right to request information on the scope and purpose of processing his personal data, the right to correct or block incorrect or outdated data, the right to restrict processing and the right to object to the processing. In certain cases, he has the right to delete personal data. The customer also has the right to request the transfer of his personal data to the administrator / processor of personal data selected by him.
- In the event that the customer believes that the seller or processor is processing his personal data that is contrary to the protection of privacy and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to the purpose of their processing, can: - ask the seller or processor for an explanation, - require the seller or processor to remedy the situation thus created. In particular, it may be a matter of blocking, correcting, supplementing or disposing of personal data. If the buyer's request is found to be justified according to the previous sentence, the seller or processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the right of the buyer to contact the Office for Personal Data Protection directly with his complaint.
VIII. Information obligation of the seller
- According to § 9 of Act No. 634/1992 Coll., On Consumer Protection, the seller is obliged to duly inform consumers about the properties of the products sold, the method of use and maintenance of the product and the dangers arising from its incorrect use or maintenance.
- The above obligations shall not apply in cases where the facts are obvious or generally known. If the consumer still wishes to obtain this information, he can contact the manufacturer of the product, which is always listed.
IX. Precious metal products
- Products, some parts of which are made of precious metals, have more detailed information on the metals used in the product detail. These are mainly selected stationery brands Parker, Waterman and Lamy.
- Czech hallmarks:
24 carats = 999/1000
23 carats = 958/1000
22 carats = 900/1000
18 carats = 750/1000
14 carats = 585/1000
925/1000 (stearling / coin silver)
X. Final provisions
- These general terms and conditions apply only to relations related to the purchase of goods from the online store obchod.activa.cz by persons who do not act within the scope of their business activities when purchasing goods.
- By written agreement between ACTIVA and the customer, the application of individual provisions of these general terms and conditions or the use of the general terms and conditions as such may be excluded.
- These general terms and conditions take effect on 15.4.2021.
- The legal relationship between ACTIVA and customers is governed by the laws of the Czech Republic.
- If the relationship between ACTIVA and the customer contains an international element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding regulations.
- The seller is entitled to sell goods on the basis of a trade license and the seller's activity is not subject to any other permit. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office.
- In the event of a dispute, the customer who is a consumer may contact the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, with its registered office at Štěpánská 567/15, 120 00 Prague, Company Identification Number: 00020869, tel .: 296 366 360, e-mail : firstname.lastname@example.org, internet address: www.coi.cz, or at the Association of Czech Consumers, z. ú., with its registered office at Pod altánem 99/103, Strašnice, 100 00 Prague 10, IČ: 00409871, tel .: 261 263 574 e-mail: email@example.com, internet address: www.konzument.cz, which are competent for out-of-court settlement of consumer disputes arising between the seller and the buyer. Consumer disputes can also be resolved through the EU's online consumer dispute resolution platform, which is available here: ec.europa.eu/consumers/odr/.