General Terms and Conditions

Fundamental Seller information:
Merebit s.r.o
Registered Seat at: Tyršova 942, 691 23 Pohořelice u Brna, the Czech Republic
Address for communication and Seller´s branch: Karásek 2245/1f, building No.24, Postal Code 621 00, Brno, the Czech Republic
Ident. No: 29290406
Tax. No.: CZ29290406
Seller is a subject to VAT

Contact details:
telephone: +420 778 158 348
e-mail: info@merebit.com
bank account: Fio Banka, a. s., 2700170245 / 2010, IBAN 5, BIC code / SWIFT FIOBCZPPXXX

I. Object of General Terms and Conditions, fundamental provisions

1. This General Terms and Conditions covers business conditions for sale and purchase of goods at internet web www.ozo-ozo.cz operated by company Merebit s.r.o., Ident. No.: 29290406, with its registered seat at Tyršova 942, Postal Code 691 23, Pohořelice u Brna, the Czech Republic, registered in a commercial register maintained by the Regional court in Brno, section C, insert 71479 (hereinafter referred to as „Seller“, “Goods” and “Purchase contract”).

2. The Goods subject to the offer can be purchased by an entrepreneur or a consumer.

3. Entrepreneur means for purpose of this General Terms and Conditions and in accordance with § 420 Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as „Civil Code“), any person who performs independently on his own account and responsibility of trade or employment in a similar manner with the intent to do so consistently for profit, same as any person who enters into a contract related to its commercial, industrial or similar activities or the exercise of his own profession, or a person acting for or on behalf of entrepreneurs (hereinafter referred to as „entrepreneur”).

4. Consumer means for purpose of this General Terms and Conditions and in accordance with § 419 Civil Code any person who outside his business or outside the independent exercise of their profession enters into a contract with the entrepreneur or otherwise involved (hereinafter referred to as „consumer”).

5. If not stated in this General Terms and Conditions expressly otherwise the entrepreneur and/or consumer shall be together considered and referred to as the Buyer (hereinafter referred to as „Buyer”).

II. Purchase agreement, order acceptance

1. The Seller offers his Goods for purchase via internet web site www.ozo-ozo.cz (hereinafter referred to as „internet web site“). Each sorted item of the Goods shall contain general description of goods and the purchase price incl. VAT in statutory amount. The purchase price shall be considered as a final price involving any and all costs necessary for acquisition by the Buyer, excluding delivery costs. A presentation of aforementioned goods and prices at internet web site shall be deemed by the contractual parties as an offer of the Seller for concluding the Purchase contract in accordance with these General Terms and Conditions.

2. The purchase of the Goods by the Buyer shall not be mandatory subject to any registration obligation at the Seller´s internet web site.

3. The purchase price stated at the internet web site shall be deemed as a contractual price. The Seller reserves himself the right to continuously modify the purchase prices especially with regard to changes of exchange rates, supply prices, tax and tariff changes etc.

4. The Buyer can proceed his order of chosen goods via e-shop of the Seller at internet web site or via email: sales@merebit.com.

5. The Seller shall confirm to the Buyer an obtaining of the order after its obtaining via any means of distance communication, primarily via email.

6. All communication between the Seller and the Buyer, including the order and the acceptance of order, shall be proceeded in Czech or English language.

7. The Buyer hereby agrees with an usage of means of distance communication for concluding the Purchase contract. A costs of the Buyer arising from the usage of means of distance communication concerning the conclusion of the Purchase contract (i.e. costs of internet connection, costs of telephone conversations) shall be borne by the Buyer, while such a costs shall not differ from a common costs.

III. Goods delivery, dispatch

1. The Seller shall prepare the Goods for dispatch to the Buyer (hereinafter referred to as “dispatch”) within 5 business days after the acceptance of order and in way of a transport chosen by the Buyer in the order.

2. In case the ordered goods is not available in Seller´s storage thus the goods can not be delivered in a normal delivery period, the Seller shall inform the Buyer about expectant term of delivery.

3. The Seller charge an extra shipment and transportation fees/costs as follows:

For other ways of delivery the delivery costs shall be provided on request.

4. In case the way of delivery is agreed upon a special request of the Buyer, the Buyer shall bear any extra costs related to such a special way of a delivery.

5. If the Seller is obliged pursuant to the Purchase contract to deliver the Goods to the place specified by the Buyer, the Buyer shall be obliged to handover the Goods in such a place and at a time delivery as agreed.

6. In case that for reasons by or caused by the Buyer, the Goods is being delivered repeatedly or by a different way than agreed in the order, the Buyer is obliged to pay all costs relating to a repeated delivery or costs relating to a different way of a delivery.

7. During the handover of the Goods from a carrier the Buyer is obliged to control the intactness of the packing of the Goods and in case any defect relating to the packing appears the Buyer is obliged to inform the carrier immediately about this fact. In case of the finding of any damage at packing which may indicate the unauthorized enter to the package /Goods/ the Buyer is not obliged to handover the package/Goods/ from the carrier.

8. Further rights and obligations of contractual parties regarding transport and delivery of goods can be regulated by a special document concerning delivery conditions of the Seller, if applicable.

IV. Prices and Terms of Payment

1. A payment of the purchase price for the Goods same as other charged fees relating to the delivery of the Goods according to the Purchase contract can be proceeded by the Buyer by following ways:

• payments in CZK via a bank transfer to an account of the Seller, acc. No. 2700170245/2010, maintained by Fio Banka, a. s., V celnici 1028/10, Praha 1, Czech Republic
• payments in EUR via a bank transfer to an account of the Seller, acc. No. IBAN CZ8320100000002500887612, BIC FIOBCZPPXXX, maintained by Fio Banka, a. s., V celnici 1028/10, Praha 1, Czech Republic
• electronic way of payment by payment service provider - Paypal
• electronic way of payment by payment service provider - GoPay

2. Obligation of the Buyer to pay the purchase price shall be met in a moment the full amount of the purchase price is credited to the Seller´s account.

3. The Seller does not require from the Buyer an advance payment for the purchase price or any similar payment. This does not affect the provision of art. IV.4 of this General Terms and Conditions concerning the duty to pay the purchase price in advance.

4. The Seller is empowered to request the payment of whole purchase price before the shipment of the Goods in period of 14 days as of the day of acceptance of obtained order. Provision § 2119 sec. 1 Civil Code does not apply.

5. The Seller shall provide the Buyer with a tax document – an invoice – regarding payment(s) relating to the Purchase agreement. The Seller is subject to Value-added Tax (VAT). The Seller shall draw the tax document – invoice – to the Buyer after the proper payment of the purchase price and deliver the invoice to the Buyer in electronic form via email at email address of the Buyer.

6. According to Act no 112/2016 Coll, Act on Registration of Sales, the Seller is obliged to provide the Buyer with a receipt. The Seller is herewith obliged to register accepted payment by a Financial Administration of the Czech Republic via online report; in case of technical failure he shall proceed the registration latest within 48 hours.

7. In case the Buyer does not pay the purchase price in term of its maturity, the Seller can send him a debt collection letter via any means of distance communication, especially via email.

V. Guarantee for quality and reclamation

1. In case a different warranty period is not stated on the package, the Seller shall provide the guarantee period to goods being provided which last 24 months as of the day the goods was delivered to the Buyer; the warranty period shall not be provided to goods or its parts subject to a rapid deterioration or being fungible.

2. A document proving the provision of the guarantee for the quality shall be the tax document – the invoice.

3. The Seller is liable to the Buyer that the Goods to take over have no defects. In particular, the Seller is liable to the Buyer, at the time when the Buyer took the Goods:

• the Goods has the quality, the parties negotiated, and in case of absence of the agreement, such characteristics are described by the manufacturer or seller or buyer expected given the nature of goods and the advertising they carry,
• a goods is suitable for the purpose for which the Seller says its use or to which this kind of thing would be normally used,
• the Goods complies with the agreed quality or design sample or draft, if it was quality or performance determined in accordance with the agreed sample or template,
• the Goods meets the requirements of legislation.

4. Previous section does not apply on the Goods sold at a lower price on the defect for which a lower price was arranged, when caused by the wear of its usual use, used in the case of a defect by use or wear that the Goods has at a time of takeover by the Buyer or if caused by the nature of the Goods.

5. The Buyer is obliged to control the Goods without undue delay after a handover. The Buyer is obliged to report to the Seller any defects of the Goods without undue delay after he realized such a defect or after he shall realize such a defect conducting with an adequate care in course of handover of the Goods as described in previous sentence.. Provision § 2112 Civil Code shall apply similar.

6. The Buyer is entitled to make a reclamation of defects on the Goods purchased from the Seller at: Merebit s.r.o., with its address Karásek 2245/1f, building No.24, Postal Code 621 00, Brno, the Czech Republic, telephone +420 778 158 348, e-mail: sales@merebit.com.

7. In case the Buyer as a consumer exercises his rights from a defective performance by the Seller, the reclamation proceedings shall be governed by the Civil Code and Act No. 634/1992 Coll., Consumer Protection Act, as amended. In case the Buyer is an entrepreneur the reclamation proceedings shall be governed by Civil Code.

VI. Withdrawal from the Purchase contract

1. The Buyer hereby acknowledge that pursuant to § 1837 Civil Code, a consumer can not inter alia withdraw from the purchase contract concerning the supply of goods that has been modified as desired by the consumer/buyer/ or to his person, on supply of goods subject to rapid deterioration, as well as goods delivery irretrievably mixed with other goods, on supply of goods in a sealed container, which the consumer has removed from its packaging and according to a hygiene reasons it is not possible to return it back and on supply of audio or video recordings or computer program, if violated their original packaging.

2. Excepting the situation according to art. VI.1. of this General Terms and Conditions or other situations in which the Buyer does not have a right to withdrawal from the contract, the consumer in accordance with § 1829 sec. 1 Civil Code has the right to withdraw from the contract within fourteen (14) days as of the date of receipt of goods and in case of contract, pursuant which is being delivered a several kinds of goods or delivery of several parts, from receipt of a final delivery of goods. The withdrawal from the Purchase contract shall be dispatched to the Seller in period according to the previous sentence. For exercising of his right to withdrawal the Buyer can use the model withdrawal form which creates an annex to this General Terms and Conditions. The Seller shall confirm to the Buyer the receiving of the withdrawal. The Buyer can send his withdrawal from the Purchase contract to address of business branch of the Seller: Karásek 2245/1f, building No.24, Postal Code 621 00, Brno, the Czech Republic or at address of electronic mail of the Seller: sales@merebit.com.

3. In case of withdrawal from the Purchase contract in accordance with this General Terms and Conditions the Purchase contract shall be cancelled as of its beginning. After the withdrawal the Buyer shall return the Goods to the Seller in fourteen (14) days as of the date of the withdrawal from the contract. When a consumer makes a withdrawal from a purchase contract he bears all costs relating to the return delivery of the goods to the Seller, even in situations when the goods can not be delivered because of its nature via usual postal delivery.

4. In case of the withdrawal from the contract according to this General Terms and Conditions the Seller shall return to the Buyer financial amount(s) received from the Buyer while he shall proceed so in period of fourteen (14) days as of the date of the withdrawal from the Purchase contract by the Buyer and in the same way in which he accepted the payment from the Buyer. The Seller is also entitled to return the performance provided by a consumer already in a moment of returning of the Goods by the Buyer or in any similar way, in case a consumer agrees with such a proceedings and at the same time if such a way (proceedings) will not burden a consumer by any other costs. If a consumer withdrawal from the Purchase contract, the Seller is not obliged to return to consumer an amount of a purchase price until a consumer either return him the Goods or prove that he dispatched the Goods back to the Seller.

5. The Seller is entitled to set-off his right(s) to a damage compensation arisen on the Goods against the right of a consumer to being returned with the purchase price.

6. In situations in which the consumer has the right to withdrawal from the Purchase contract according to § 1829 sec. 1 Civil Code the Seller is also entitled to withdrawal from the Purchase contract until the handover of the Goods by a consumer. In such case the Seller shall return to a consumer the amount of a purchase price without undue delay, via non-monetary transfer at a bank account of a consumer.

7. If together with the Goods the Seller provide a consumer with a gift, the donation contract between the Seller and a consumer is being concluded with expiry condition according which in case of withdrawal from the Purchase contract by the consumer, the donation contract regarding such a gift cease to exist and loose its effectiveness and a consumer is obliged to return the provided gift to the Seller together with the Goods being returned.

VII. Other rights and obligations of contractual parties

1. The Buyer acquires his property to goods by moment of the payment of purchase price in a total amount.

2. The Seller shall not be bound toward the Buyer by any codex or document according to § 1826 sec. 1 letter. e) Civil Code.

3. The Buyer hereby take on himself the risk of changes in circumstances according to § 1765 sect. 2 Civil Code.

VIII. Personal Data Protection

1. In case the Buyer is a physical person, his personal data protection shall be governed by Act No. 101/2000 Coll., on Protection of Personal Data, as amended.

2. The Buyer agrees with processing of his following personal data: first name or names, surname, date of birth and a birth number, address of permanent residence, identification number, electronic mail address, phone number (hereinafter referred to as “personal data”). The Buyer agrees with processing of his personal data by the Seller for purpose of exercising rights and duties arising from the Purchase contract and for purpose of administration of his user account. If the Buyer does not choose a different option, it is presumed that he agrees with the processing of his personal data by the Seller also for purpose connected with providing him with an information and business announcement of the Seller. Fact of granting of the approval with the processing of personal data in extension of this article shall not be the condition which shall prevent subjects to conclude the Purchase contract.

3. The Buyer hereby acknowledges that he is obliged to provide his personal data in correct and truly state and that he is also obliged without any delay to inform the Seller about any changes regarding his personal data. The Buyer hereby guarantee that the personal data he provided to the Seller are correct and that he was informed by the Seller that the provision of the personal data is voluntary.

4. The Seller may empower or charge a third person as the processor to process personal data of the Buyer. Excepting persons exercising the delivery of goods, no other person shall be provided with personal data of the Buyer without his previous approval. Personal data of the Buyer shall be processed for an indefinite period. Personal data shall be processed in electronic form by automatic means or in printed form by non-automatic means.

5. In case the Buyer presumes that the Seller or the processor is carrying out processing of his personal data which is in contradiction with the protection of private and personal life of the Buyer or in contradiction with the law, in particular if the personal data are inaccurate regarding the purpose of their processing, he may - ask the Seller or processor for explanation and/or require from the Seller or processor to remedy the arisen state of affairs.

6. If the Buyer requests information on the processing of his personal data, the Seller shall be obliged to provide him with this information. For provision of this information according to the previous sentence the Seller shall be entitled to require a reasonable reimbursement not exceeding the costs necessary for provision of information.

IX. Providing with a business announcements and saving cookies

1. The Buyer hereby agrees with being provided to his email address by information and announcements related to the goods, services and business activities of the Seller same as by business announcements of the Seller.

2. The Buyer hereby agrees with saving so called cookies into his computer. In case the purchase via web pages can be proceeded and the rights and obligations arising from the Purchase contract can be met without saving the cookies, the Buyer can anytime revoke the approval granted in accordance with the previous sentence.

X. Communication

1. Any communication can be delivered to the Buyer via electronic communication to the email address of the Buyer. Contact details of the Seller shall be as follows: delivery address:  Merebit s.r.o, Karásek 2245/1f, building No. 24, Postal Code 621 00, Brno, the Czech Republic, electronic email address: sales@merebit.com, telephone contact: +420 778 158 348.

XI. Final provision

1. These General Terms and Conditions shall be established for an indefinite period and shall become effective as of May 17, 2017.

2. If any term or condition in these General Terms and Conditions is null and void or will become null and void, the provision whose meaning or purpose is closer to the voided provision shall apply. In such a case the nullity or voidance of certain provision shall not affect the effectiveness of any other terms nor conditions.

3. The contract between the Seller and the Buyer, these General Terms and Conditions same as any relating legal issues shall be governed by and construed in accordance with the laws of the Czech Republic. This shall not affect special regulations governing the consumer protection rights according to the special legal regulations.

4. Purchase agreement including actual General Terms and Conditions shall be archived by Seller in electronic form and shall not be openly accessible.

5. A model withdrawal form shall create an annex to this General Terms and Conditions.

6. If the contractual parties fail to resolve a dispute amicably, the dispute, including the issues of validity, interpretation, enjoyment or termination of the rights stemming from their mutual business activities, shall be referred to a jurisdiction of the Czech courts. In case the district courts are authorized to settle the dispute such dispute shall be solved by the Municipal court in Brno. In case the regional courts are authorized to settle the dispute such dispute shall be solved by the Regional court in Brno.

7. These General Terms and Conditions can be modified from time to time by the Seller. In such case the Seller shall make accessible new wording of the General Terms and Conditions to the Buyer and Buyer have right to quite the business activities with the Seller. In case the Buyer does not notify the Seller that he refuses new changes to the General Terms and Conditions in 30 days after its publication via internet of written notification or the Buyer make new order of the goods after the modification of the General Terms and Conditions this activity is considered as acceptance of changes of the General Terms and Conditions. In case the Buyer do not accept changes to the General Terms and Conditions the Seller reserves the right to quite the business activity with such subject.