Terms and conditions

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Terms and Conditions

trading company works49 s.r.o.

with its registered office at Budilova 161/15, Jižní předměstí, 30100 Plzeň, Czech Republic

identification number: 08504334

entered in the Commercial Register kept at the Regional Court in Pilsen, Section C, Insert 38265

for the sale of goods through an online store located at www.topwingsrc.com

1.     INTRODUCTORY PROVISIONS

1.1. These business conditions (hereinafter referred to as "business conditions") of the business company works49 s.r.o., with its registered office at Budilova 161/15, Jižní předměstí, 30100 Plzeň, identification number: 08504334, entered in the Commercial Register kept at the Regional Court in Pilsen, Section C, Insert 38265 (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.topwingsrc.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop", "e-shop").

1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.

1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language. Communication can be conducted verbally and in writing in standard Czech and Slovak. Furthermore, in the written form of the German language (Germany, Austria), in the written form of the English language (USA, UK).

1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2.     USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of the user account to third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 15 months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.

3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and

3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data on the types of goods and quantities stated in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm to the Buyer by e-mail the registration of the order request, to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer (purchase contract) is established by delivery of the Order Confirmation to the buyer's electronic mailbox. The Order Confirmation includes a separate appendix containing an electronic version of the tax document. The order confirmation is not an automatic message from the e-shop system, payment instrument or other information system (eg about the registration of the order in the e-shop information system, information on the acceptance of payment by payment card, payment gateway or bank).

3.8. The seller reserves the right not to enter into a purchase agreement or to propose an amendment if:

3.8.1. the content is an order of goods with the status vy sold out ’, není out of stock’ and dočas temporarily unavailable ’.

3.8.2. the content of the order is the product (s) sold under the brand “TOP WINGS”, unless the status “in stock” is stated in the offer.

3.8.3. Another part of these terms and conditions allows this possibility.

3.9. In the event that the seller rejects the proposal for part of the order or the entire order, he will notify this fact without undue delay to the customer's e-mail address. If the seller has canceled the entire order, the seller will return any payment made by the customer in connection with the canceled order without undue delay. In the event of cancellation of part of the order, the customer has the right to refuse to conclude a purchase contract for the entire scope, originally required by him, of the delivery without penalty. If the customer refuses to enter into a purchase agreement, the seller is obliged to return to the customer any payment made by the customer in connection with the canceled order in full without undue delay.

3.10. In the event of cancellation of only part (not the entire) order by the seller, the customer has the right to change the rest of the offered order. The seller will reserve the undisturbed part of the original order free of charge for at least 7 calendar days after completion. The price excluding VAT of the reserved goods remains the same, except in the case when the order was not accepted by the seller (no purchase contract was concluded by the seller) due to the incorrectly stated price of the goods in the e-shop. The customer is not obliged to conclude a purchase contract for the goods if he does not agree with the seller at the declared correct price. If the payment was made by the customer in connection with the original order and the subject of the concluded purchase contract has a sale price different from the payment made by the customer, the seller is obliged to return the overpayment and the right to request any arrears.

3.11. The Seller reserves the right to refuse to enter into a purchase agreement, cancel the order or the affected part of the order if it is to be delivered to a country not listed in the list of Available Countries or listed in the list of Countries to which the goods cannot be delivered (if such a list is specified for the goods) . Countries where goods cannot be delivered include those countries at which, at the time of ordering, a ban on sales or sanctions are imposed by the Czech Republic or the European Union. The seller is not obliged to keep or publish a list of the countries concerned in its trade.

3.12. The seller reserves the right to reject the order in cases where the conclusion and performance of the purchase contract could violate the law.

3.13. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.

The customer is responsible for the correct and complete indication of the e-mail address and telephone number, incl. international prefixes. When contacting via a telephone number, the preferred form is a call.

The seller is not responsible for non-delivery of the e-mail message or SMS and any consequences if the obstacle to delivery is an error with the supplier of the customer's e-mail or telephone services.

3.14. By purchasing products or services, the customer does not become the owner or holder of the rights to trademarks, logos or company names.

4. PRICE OF GOODS AND PAYMENT TERMS

The valid price is the amount without VAT, except in the case where the price is incorrectly stated in the e-shop. Prices incl. VAT are informative, the seller states the price on the invoice incl. VAT, which is charged according to the country to which the goods are to be sent.

In justified cases, the seller has the right to set a different price without VAT for a certain region, inter alia if:

• This is a sale of third party goods for which the distributor or supplier has set its own pricing policy
• The goods are delivered outside the EU, EEC and EFTA member states

The seller reserves the right not to conclude a purchase contract if the price of goods published on the website of the online store is obviously incorrect - does not correspond to the purchase price, the usual price of the same or similar goods, missing or remaining numbers for the amount in VAT or VAT. The seller will notify the customer without undue delay by e-mail.

The seller reserves the right not to conclude a purchase contract if the customer applies a discount

• The name discount coupon was redeemed by another person
• The discount coupon was applied to another type of goods
• The discount coupon was applied to a larger quantity than was declared on the discount coupon
• The minimum amount or quantity condition was not met if it was required to apply the discount
• The discount coupon has already been used once

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

• in cash on delivery at the place specified by the buyer in the order (cash on delivery may be prohibited for epidemic or other reasons);
• cashless transfer to the seller's account:

number 2801692018/2010, IBAN CZ3820100000002801692018, BIC FIOBCZPPXXX

maintained at Fio banka a.s. (hereinafter referred to as the "Seller's Account");

• cashless via the GoPay payment system (if this option is offered by the e-shop system).

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 10 days of concluding the purchase contract.

4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless this combination is allowed by the discount coupon.

4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or computer program if he has infringed their original packaging.

5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, within fourteen (14 ) days from the receipt of the goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address info@topwingsrc.com.

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

If the consumer has chosen other than the cheapest method of delivery of goods offered by the entrepreneur, the seller has the right to reimburse the consumer the cost of delivery of goods in the amount corresponding to the cheapest offered method of delivery (marked as Standard).

5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.

5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return given a gift.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport. The seller is not obliged to use non-contractual carriers.

6.2. If, according to the purchase contract, the seller is obliged 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.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.

If the contracting carrier refuses to accept the shipment for security reasons, the seller shall notify the customer without undue delay by e-mail. The customer has the right to choose another type of transport (if available) or withdraw from the whole contract or part of it. If the price of transport is reduced, the seller is obliged to return the difference in transport prices to the customer; in the event of an increase in the price of transport, the seller has the right to demand an adjustment of the difference in transport prices. The customer also has the right to take over the shipment by prior arrangement at the seller's premises during business hours. The seller is entitled to reject the customer's request to take over the goods outside the establishment or outside the working hours of the establishment.

If the goods cannot be transported due to the refusal to transport the goods by the contracted carrier or due to the termination of the contractual relationship between the carrier and the seller, the seller has the right to cancel the order. If the order is canceled for this reason, the seller will return the entire amount paid back to the customer without undue delay if payment has been made by the customer in connection with this order. This does not apply if the customer wishes to take over the goods in person in agreement with the seller at his premises. If this happens, the seller will refund the customer the price for the transport of the goods.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.

7. RIGHTS FROM DEFECTIVE PERFORMANCE

7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).

7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,

7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,

7.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer, or if it follows from the nature of the goods.

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

8.     OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.

8.3. The handling of consumer complaints is provided by the seller via the electronic address info@topwingsrc.com Information on the settlement of the buyer's complaint is sent by the seller to the buyer's electronic address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Regulation on consumer dispute resolution online).

8.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller's public law obligations.

10.     SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

10.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

11.     DELIVERY

11.1. It can be delivered to the buyer to the buyer's email address.

11.2. A notice whose receipt was refused by the addressee, which was not collected during the storage period or which was returned as undeliverable is also considered delivered.

11.3. The contracting parties may deliver ordinary correspondence to each other via e-mail, to the e-mail address specified in the buyer's user account or specified by the buyer in the order, resp. to the address listed on the seller's website.

12.     FINAL PROVISIONS

12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.

12.5. Contact details of the seller:
address for delivery - works49 s.r.o., Budilova 161/15, 30100 Plzeň
business address - works49 s.r.o., Lužany 56, 33454 Lužany
e-mail address - info@topwingsrc.com
phone +420 771115219, +420 771115269.

In Pilsen on January 20, 2021