Basic provisions

1. These General Business Terms and Conditions (hereinafter referred to as "Terms and Conditions") are issued pursuant to § 1751 and subsequently of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code").

Seller: www.laptop-cooling-fans.eu , David Zizka , nam. Miru 2269, Plzen, 30100, Czech republic , ID No.: 88821463

1. These Terms and Conditions govern mutual rights and obligations of the Seller and a natural person or a legal entity, who concludes a purchase contract outside his/her business activity as a consumer or within the scope of his/her business activity (hereinafter referred to as "Buyer") via the web interface located on the website available at a web address: www.laptop-cooling-fans.eu (hereinafter referred to as "Online Shop").
2. The provisions of the Terms and Conditions are an integral part of the purchase contract. Any differing provisions in the purchase contract shall take priority over the provisions of these Terms and Conditions.
3. These Terms and Conditions and the purchase contract are concluded in the Czech language.

Information about goods and prices

1. Information about goods including information about prices of individual goods and their main features are listed in a catalogue of the Online Shop.  The prices of the goods remain valid for the period of time they are displayed in the Online Shop. This provision does not exclude the agreement of a purchase contract with individually agreed terms.
2. Information about costs connected with the packaging and delivery of the goods is published in the Online Shop.
3.    Any discounts of the purchase price of the goods cannot be combined with each other, unless otherwise agreed between the Seller and the Buyer.

Order and conclusion of the purchase contract

1. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of phone calls) are covered by the Buyer himself. These costs do not differ from the basic rate.
2. The Buyer orders goods in the following ways:

- by filling in an order form without registration

- based on previous registration in the Online Shop

- by email at the email address indicated.

3. When placing an order the Buyer chooses the goods, the number of pieces, the method of payment and shipping.
4. The Buyer is allowed to check and change the data he has entered in the order before sending the order. The Buyer shall send the order to the Seller by clicking on the button SEND ORDER. The data provided in the order are considered as correct by the Seller. The order validity condition is subject to the completion of all compulsory data in the order form and the Buyer's confirmation that he has read these terms and conditions.
5. Immediately upon receipt of the order the Seller shall send the Buyer a confirmation of receipt of the order to the email address provided by the Buyer when ordering. This confirmation is automatic and it is not considered as a conclusion of the contract. The purchase contract is concluded only after the receipt of the order by the Seller.
6. In case that any of the requirements specified in the order cannot be met, the Seller will send the Buyer a modified offer to his email address or contact him by phone. The modified offer shall be considered to be a new proposal of the purchase contract and the purchase contract shall be concluded in such a case by the Buyer's confirmation of receipt of this offer to the Seller to his email address specified in these Terms and Conditions.
7. All orders received by the Seller are binding. The Buyer may cancel the order until the Buyer has received a notification of receipt of the order by the Seller. The Buyer may cancel an order by phone to the phone number or by email to the Seller's address determined in these Terms and Conditions.
8. Customer´s account
9. Upon registration of the Buyer made in the Online Shop, the Buyer can access his customer account. The Buyer can order goods from his customer account. The Buyer can also order goods without registration.
10. The Buyer is obliged to provide all the information correctly and truly when registering for a customer account and when ordering goods. The Buyer is obliged to update the information provided in the user account, whenever it changes. The information provided by the Buyer in the customer´s account and when ordering goods will be considered correct by the Seller.
11. An access to the customer´s account is secured by a name of the user and by a password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his customer account. The Seller is not responsible for any misuse of the customer´s account by third parties.
12. The Buyer is not authorized to allow third parties to use the customer´s account.
13. The Seller may cancel the user´s account especially, if the Buyer uses his/her user account no longer or if the Buyer breaches his/her obligations under the purchase contract or under these Terms and Conditions.
14. The Buyer acknowledges, that the user´s account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.

1. Payment terms and delivery of goods

    The Buyer may pay the price of the goods and costs connected with the delivery of the goods according to the purchase contract by the following means:

        by payment card,

2. The Buyer is obliged to pay together with the purchase price to the Seller the costs connected with the packaging and delivery of the goods in the amount agreed.
3. The Buyer shall follow instructions of the relevant electronic payment provider in the case of payment via a payment gateway.
4. The Seller does not require any advance payment or any other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not an advance payment.
5. The goods are delivered to the Buyer:

            Through a submission shipping company determined by the Buyer.

6 .The choice of delivery method is made during the ordering process.

7. The cost of delivery of the goods depending on the method of shipment and taking over the goods is indicated in the Buyer's order and in the confirmation of the order by the Seller. In case that the delivery method is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs connected with this method of delivery.
8. If the Seller is obliged under the purchase contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery. In case that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, is the Buyer obliged to pay the costs connected with the repeated delivery of the goods respectively the costs connected with a different method of delivery.
9. The Buyer is obliged during takeover of the goods from the carrier to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. In case of a breach of packaging indicating unauthorised intrusion into the shipment the Buyer does not have to take over the shipment from the carrier.
10. The Seller shall issue a tax document - invoice to the Buyer. The tax document is attached to the goods delivered and/or sent to the Buyer's email address.
11. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before takeover of the goods. Liability for accidental destruction, damage or loss of the goods shall pass to the Buyer at the moment of taking over the goods or at the moment when the Buyer was obliged to take over the goods but failed to do so in violation of the purchase contract.

1. Withdrawal from the contract
2. The Buyer who has concluded a purchase contract outside his/her business activity as a consumer has the right to withdraw from the purchase contract.

    The withdrawal period from the contract is 14 days

    from the date of takeover of the goods,

    from the date of takeover of the last delivery of the goods, if the subject of the contract are several kinds of goods or delivery of several parts,

    from the date of takeover of the first delivery of the goods if the subject of the contract is a regular repeating delivery of goods.

3. The Buyer may not withdraw from the purchase contract among others:

    about the providing of services, if they have been performed with his/her prior express consent before the expiry of the withdrawal period and the Seller has informed the Buyer before concluding the contract that he/she does not have the right to withdraw from the contract in such a case,

    about the supply of goods or services the price of which depends on financial market fluctuations independent of the Seller's will and which can occur during the withdrawal period,

       about the delivery of goods which have been adjusted according to wishes of the Buyer or for his person,

       about the delivery of goods in sealed packaging which have been removed by the Buyer from the packaging and cannot be returned for hygiene reasons,

    about the delivery of an audio or video recording or a computer program if the original packaging has been damaged,

    about the delivery of newspapers, periodicals or magazines,

    about the delivery of a digital content, unless it has been delivered on a tangible medium and it has been delivered with the prior express consent of the Buyer before the expiry of the withdrawal period and the Seller has informed the Buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,

    in the other cases listed in § 1837 of the Civil Code.

4. The Buyer must send a withdrawal declaration within the withdrawal period in order to meet the withdrawal deadline.
5. The Buyer shall send the withdrawal from the purchase contract to the email or delivery address of the Seller specified in these Terms and Conditions. The Seller shall promptly confirm receipt of this form to the Buyer.
6. The Buyer who has resigned from the purchase contract is obliged to return the goods to the Seller within 14 days of his withdrawal from the contract. The Buyer is responsible for the costs connected with the return of the goods to the Seller, even if the goods cannot be returned due to their character by the usual postal route.

7. If the Buyer has chosen a method of delivery of goods other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the costs of delivery of the goods in the amount corresponding to the cheapest way of delivery of goods offered.

8. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer delivers the goods.
9. The Buyer must return the goods to the Seller undamaged, unworn and unpolluted and if it is possible in the original packaging. The Seller is entitled to offset unilaterally the claim for compensation damage to the goods against the Buyer's claim for a refund of the purchase price.
10. The Seller is entitled to withdraw from the purchase contract due to the sale of stock, unavailability of the goods or when manufacturer, importer or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order or by phone and shall return all moneys, including delivery costs received from the Buyer under the contract within 14 days of the notice of withdrawal from the purchase contract in the same way unless otherwise agreed with the Buyer.

Rights arising from defective performance

1. The Seller guarantees to the Buyer that the goods are free from defects during the takeover. Especially the Seller guarantees to the Buyer that at the time the Buyer took over delivery of the goods:

• the goods have qualities agreed between the parties and in the absence of agreement, they have the qualities described by the Seller or manufacturer or expected by the Buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
• the goods fit for the purpose for which the Seller states they are to be used or for which the goods of that kind are usually used,
• the goods correspond with the quality or implementation to the agreed sample or specimen, if the quality or finish was determined according to the agreed sample or specimen,
• the goods are in the appropriate quantity, measure or weight and the goods meet the requirements of legal provisions.

2. The Seller has obligations from defective performance at least to the extent that the manufacturer's obligations continue from defective performance. The Buyer is otherwise entitled to exercise the right to claim for defects that occur in consumer goods within twenty-four months after the date of takeover.
3. The provisions on the guarantee of quality will be applied, if the period of time for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legal provisions. By means of a guarantee of quality the Seller undertakes that the goods will be able to be used for their usual purpose or will retain their usual characteristics for a certain period of time. If the Buyer has rightly claimed the Seller regarding defective goods, neither the period for exercising rights under the defective performance nor the guarantee period shall run for the time during which the Buyer cannot use the defective goods.
4. The provisions listed in the preceding paragraph of the Terms and Conditions will be not applied to goods sold for a lower price due to the defect for which the lower price was agreed, to a wear and tear of the goods caused by their normal use, in the case of second-hand goods to a defect corresponding to the level of use or wear and tear that the goods had when taken over by the Buyer, or if it results from the nature of the goods. The Buyer is not entitled to the right of defective performance, if he knew before taking over the goods that they were defective or if the Buyer caused the defect himself.

1. The Buyer may submit a claim to the Seller and demand in case of a defect:

• exchange for new goods
• repair of goods,
• a reasonable discount on the purchase price,
• withdrawal from the contract.

6. The Buyer has the right to withdraw from the contract:

    if the goods have a significant defect,

    if the goods cannot be used properly due to the repeated occurrence of the defect or defects after the repair,

    in case of a larger number of defective goods.

7. A substantial breach of contract is a breach of contract of which the breaching party already knew or must have known at the time of the conclusion of the contract that the other party would not have concluded the contract if it had foreseen this breach.

    In case of a defect that means an insignificant breach of the contract (regardless of whether the defect is removable or irremovable), the Buyer is entitled to the removal of the defect or to have a reasonable discount on the purchase price.

    If a removable defect has occurred repeatedly after repair (usually the third claim for the same defect or the fourth claim for different defects) or the goods have a greater number of defects (usually at least three defects at the same time), the 8. Buyer is entitled to apply a discount on the purchase price, exchange the goods or withdraw from the contract.

    When filing a complaint, the Buyer is obliged to tell the Seller, what right he has chosen. A change of choice without the Seller's consent is possible only if the Buyer has requested the repair of a defect that proves to be irremovable. If the 9. 9. Buyer does not choose his right from a substantial breach of contract in time, he has the same rights as in the case of a non-substantial breach of contract.

    If the repair or exchange of the goods is not possible, the Buyer may demand a full refund of the purchase price based on the withdrawal from the contract.

    If the Seller proves that the Buyer knew about the defect of the goods before acceptance or if he caused it himself, the Seller is not obliged to satisfy the Buyer's claim.

    The Buyer may not claim discounted goods for the reason for which the goods are discounted.

10. The complaint must be settled without delay, no later than 30 days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. The expiry of this period in vain shall be considered as a significant breach of contract and the Buyer shall have the right to withdraw from the purchase contract. As the moment when the claim is made, will be considered the time, when the Buyer's expression of will (exercise of the right from the defective performance) reaches the Seller.
11. The Seller shall inform the Buyer in writing of the result of the complaint.
12. The right from defective performance does not belong to the Buyer if the Buyer knew before taking over the thing that the thing had a defect or if the Buyer caused the defect himself.

13. The Buyer decides on the method of complaint.
14. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer 15. Protection.

    Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Claims Code.

    Liability defect claims and warranty claims (complaints) do not refer to defects caused by incorrect use. The warranty does not relate to wear and tear of the thing caused by its normal use.

    The warranty is also invalid if the serial number or model name on the warranty card has been modified, removed or if it has an illegible serial number or an illegible model name.

Shipping

    The parties may deliver all written correspondence to each other by electronic mail.

    The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller will deliver correspondence to the Buyer at the email address stated in the Buyer's customer account or order.

    Personal data

    All information you provide during our cooperation is confidential and will be treated that way. Unless you give us a written permission, we will not use your information in any way other than for the purpose of performing the contract except for the email address to which commercial communications may be sent to you, as this is permitted by law, unless you refuse. These notifications may only relate to similar or related goods and can be cancelled at any time by simple means (sending a letter, email or clicking on a link in a commercial communication). The email address will be kept for this purpose for 3 years after the last contract conclusion between the parties.

    For more detailed information on data protection please see the Privacy Policy HERE.