Terms and Conditions
1. Introductory provisions
Buying goods and services on our website may be held www.martinforet.com legal and natural persons that mutual rights and obligations of the seller and the buyer shall be governed by the following terms and conditions ("OP").
The legal relationships that are not expressly envisaged by these terms and conditions shall be governed by the law No. 513/91 Coll., the civil code (hereinafter "the Regulation").
If the buyer is a consumer (someone other than the entrepreneur, which makes the order or enters into a contract with the seller in the course of its business), the rights and obligations of the seller and of the buyer also provisions of § 2158 et seq.. German civil code ("special provisions for the sale of goods in a shop"), and in the case of buyers of consumers also Act No. 634/1992 Coll. on consumer protection, as amended (hereinafter referred to as "Zos").
The seller is a company Martin Foret, Reg. No.: 02367220, registered office: Novosuchdolská 1355/6, 165 00 Praha-Suchdol, trade certificate issued by the Trade Office in town hall in Uherské Hradiště.
2. Definition of terms
Consumer contract-contract, contract for work, the contract for the provision of the service, or other contract according to German civil code, if the Contracting Parties are, on the one hand, the consumer (a person other than an entrepreneur who makes the order or enters into a contract with the seller in the course of his business or in a separate exercise of their profession), and on the other side of the supplier or the seller.
The buyer-consumer-a person who, in the conclusion and execution of the contract is not in the course of its business. It is a natural or legal person that purchases products or services used for purposes other than for business with these products or services.
The buyer, that is not consumer-a businessman who buys goods or services used in the course of his business or in a separate exercise of their profession.
User – any person who visits the website of trade www.martinforet.com. When using this website the user shall not interfere with the security of the site, you may not use the site to transmit malicious files and try to break into publicly inaccessible places of this site or in any way compromise the safety of the operation of this site.
3. processing of personal data and their use
Access to the site www.martinforet.com may be subject to the provision of certain personal data of the users under the conditions listed on the site. The personal data will be processed by the Buyer by the seller for the purpose of conclusion and execution of the contract and the rights arising from it for the buyer.
The seller will treat all personal data in accordance with the applicable legislation, in particular in accordance with Act No. 101/2000 Coll., on personal data protection, as amended, and is the administrator of personal data. Personal data will be fully secured against abuse. Personal information will not be shared with other administrators, if the seller does not obtain consent to such sharing of the user (buyer). Personal data provided by the seller may use beyond the processing necessary for the conclusion and performance of the contract under the conditions of the granting of voluntary consent of the buyer.
The Buyer acknowledges that the abovementioned e-mail address, provided in connection with the purchase of a product or service, may be used to send commercial communications made by the seller in accordance with Act No. 480/2004 Coll., as amended, with the offer of a similar product or service. In the event that the addressee does not want more buyer-to-sending these commercial communication, it may manifest itself in the opt-out to receive commercial communications by sending an email containing the opposition to receive commercial communications at the address firstname.lastname@example.org.
Processing of personal data the seller may appoint a third party as a processor. The seller hereby inform the data subject, i.e.. The user and the purchaser (hereinafter referred to as "data subjects") on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, IE. in particular, that the provision of personal information to the seller is beyond the processing necessary for the conclusion and performance of the contract is voluntary, the data subject has the right to access, has the right to request in writing to the administrator on their processing and erasure of personal data for which the consent has been given by the data subject and in addition has the right in case of violation of their rights to apply to the Office for the protection of personal data and to request the appropriate remedy that is for example. refrain from such action by the seller, rectify the situation, the provision of apologies, correction or amendment, blocking, payment of cash compensation, as well as other rights under articles 11 and 21 of the Act on the protection of personal data.
If the data subject's wishes to correct personal information that the seller about it handles, it can request at the email address email@example.com, or the above postal address of the seller.
4. Ordering and conclusion of contract
The condition of a valid electronic order is the completion of all prescribed information and formalities set out in the order form. Before definitively confirms the order, the buyer shall be entitled to the whole order and check the information you entered. If you would be interested in an item change, you can do this by using the back button, which the buyer returns to the previous steps. If the form of the order, the buyer agrees not to use the [checkout] order will be definitively submitted for processing. This is authentic.
Seller shall notify Buyer by telephone or send order confirmation to the email address of the purchaser referred to in the order, an email with the acceptance of buyer's order (hereinafter referred to as the "acceptance"). Automatically sent a notice of acceptance of the order shall not be deemed binding acceptance of the order.
The seller has the right to order before passing the subject to check the identifiable information the buyer to be sure the correct transmission of the ordered goods or services. By placing an order the buyer accepts these terms and conditions of the seller and on the price of the ordered goods, including any shipping and transport costs applicable at the time of taking and sending the order form. Once the buyer receives from the seller's acceptance of the order (either by phone or via email), it is the seller's offer to the ordered goods, including prices in order to be binding until the time of delivery of the goods to the buyer, unless otherwise provided in any provision of these terms and conditions in the special case otherwise. The order is a draft purchase agreement, when the actual purchase contract is concluded by phone or email by accepting the order by the Seller to the buyer. From this moment arise between buyer and seller reciprocal rights and obligations, which are defined by the purchase contract and these terms and conditions, which are an integral part of the purchase contract.
The cost of the use of electronic means shall be governed by the contract between the buyer and his Internet service provider, or its provider of electronic communications services. The seller is always entitled to, depending on the nature of the order-quantity of goods, the prices, the cost of transport, distance, and so on, to ask the buyer for authorization (for confirmation) order in an appropriate manner, such as in writing or by telephone. The order shall be deemed invalid and will be cancelled in the event that the buyer of this authorization (for confirmation) does not perform the way you want. On these facts, the buyer will be the acceptance of the order (by phone or email) the seller is notified.
The contract is concluded in the Czech language. The purchase contract is concluded by the seller shall be archived for the purpose of its successful fulfilment in electronic form for 5 years and is not accessible to third on non-participating parties.
Information about the individual technical steps leading to the conclusion of the contract are evident from these terms and conditions, where this process is clearly described.
Buyer agrees that on receipt of goods paid by credit card or pay by bank transfer in advance payment is the seller or the carrier responsible for delivery of the goods the buyer shall be entitled to verify the identity of the person accepting the goods, i.e. a personal document. identity card or passport, and record the number of the identity document or other indication that identifies the person who took over the goods, in the interest of preventing fraud exploiting stolen credit cards and the protection of the rights of the true owner of the credit card. To record personal data in the manner specified in the preceding sentence, and to preserve them for a period of six months from the date of receipt of the goods as the seller, the buyer expressly gives the administrators consent. At the same time the Buyer acknowledges that he has rights under the Act. No. 101/2000 Coll., i.e.. in particular, that the provision of data is voluntary, that its approval may at any time, free of charge, at appeal, the administrator has the right to access to personal data and the right to rectification of those data, incorrect data, blocking their liquidation and other rights. In case of doubt about the respect for the rights of the buyer has the right to contact the administrator or directly to the Office for personal data protection.
5. Price and payment
The prices listed on the website www.martinforet.com are presented as a final, not including tax. Shipping costs (information on the pricing conditions of transport of goods) is listed in the "terms of delivery" of the OP, the amount may vary according to the specific order (depending whether the buyer is a person other than an entrepreneur), and are then added to the price of the item in the order form. The final calculated price when you fill in the order form is already listed, including freight. As the price of a contract between the seller and the buyer is paying the price for goods at the time of ordering goods by the buyer. This price will be listed in the order and in the email confirming receipt of your order the goods.
The invoice issued on the basis of the purchase contract between the seller and the buyer, who is not a consumer, it also serves as a tax receipt. The buyer of a good or service may take substantially until after their full payment, unless otherwise agreed. In the case where the buyer pays the seller then is not able to ensure the delivery of the goods, the seller shall immediately return the performance of the buyer in an agreed manner. The deadline to return the resource is dependent on the selected method of their return (by bank transfer, postal transfer), but may not exceed a period of 30 days from the time when this impossibility was established.
Payment methods: Credit card (free), Bank transfer (free), Paypal (2,00 €)
6. Delivery time
The delivery time begins with the items that will be paid by the buyer, i.e.. on delivery, the date of the valid conclusion of the purchase contract according to article 4. These OP, IE. After you send an e-mail confirmation (acceptance) by the seller. In the event that the buyer has chosen a variant of payment than payment for the goods, i.e. when its takeover. for example. transfer payments from account to account, the delivery period starts to run until complete payment of the purchase price, i.e. from the crediting of the relevant amount to the seller's account. The specific dates of delivery of goods are set out in the catalogue of the goods for each product and the dates will be included only working days. In the case that it is not possible to deliver the ordered goods in that time, the seller will immediately notify the buyer about this along with information on alternate delivery date or offer a different product, comparable to the original. In this case, however, shall the seller's request the buyer's reconciliation. If the buyer does not agree with the change, the buyer and the seller shall have the right to withdraw from the contract.
7. Terms of delivery of goods
Conditions of supply of goods is governed by individual order.
Seller does not charge shipping.
A specific shipping agent that delivers, determined by the seller, depending on the nature and volume of the goods ordered by the buyer.
Assembly of goods
We do not provide services in the context of this construction work, mounting to the wall, etc. Part of the shipment of goods, which is the subject of the order are the plugs-an universal to all these material:
-Plasterboard and fibrous gypsum boards
-Bricks with vertical cavities
-Hollow blocks of cellular concrete
-Hollow joist from brick, concrete, etc.
-Sand-lime Hollow blocks
-Full of sand-lime bricks
-Full of gypsum boards
-Full blocks of cellular concrete
but everything, provided appropriate and solid walls, nothing crumbles. In the case of the inappropriate location and fitting of the wall, is responsible for the collapse of, or damage to the goods, so the surface of the wall or the consumer.
Receipt of goods
The buyer, who is not a consumer, is obligated to duly delivered undamaged consignment of the goods from the carrier properly, check the integrity of packages number of packages and in case of any defects immediately notify the carrier itself. If the consignment appears to be signs of obvious damage or other violation of the packaging showing unauthorized intrusion into the cargo, however, is obliged to refuse receipt of the consignment. Failure to so argue is not entitled to damage to the product during transport and it is thought that the consignment has been delivered to the buyer undamaged. The signature of the consignment note, the buyer confirms that the consignment comply with all terms and conditions above, and later claims about corruption on the packaging will not be accepted.
The buyer, who is a consumer, he is obliged to duly delivered undamaged consignment of the goods from the carrier properly take over. It appears, however, to parcel sent via carrier signs of obvious damage, the buyer is obliged to refuse the receipt and return it to the carrier. Damage to the goods during transport, which was not apparent before the opening of the consignment, the buyer is obliged to claim without undue delay, at the latest within 7 days of receipt of the goods, in order to enable the seller without delay of any incorrect claims made by the transport of the goods to the carrier. Communicated to the buyer the seller about the damage to the goods within the time limit, it shall be deemed that the goods upon receipt by the buyer was undamaged.
The invoice is used as a tax receipt and is sent electronically in the form of a pdf file by email at the time of dispatch of goods to the email address provided by the buyer stated in the order. The invoice will be provided with a valid electronic signature. By submitting an order through the buyer agrees with the billing electronically.
8. The buyer's rights arising from defective performance and service
The buyer is entitled to exercise the right of defects that occurs for consumer goods in the period of 24 months from acceptance of the item by the buyer. In case, if it was in the catalog, on the website www.martinforet.com, in the warranty card enclosed with the product, sold things on the packaging, on the instructions attached to things or in advertising shows the time that the case may be used (the warranty period), corresponds to the seller for that matter will be eligible after the warranty period to be used for usual purpose or that retains its normal properties. The following contractually granted warranty period begins to run from the date of receipt of the goods by the buyer.
The buyer is obliged to become familiar with the instructions for installation or the use of the purchased product before using it. User manuals or installation are either attached directly on the goods, or are available for download on the website of www.martinforet.com the product detail page. In the event that the item was not available, or for goods or on the Web, the seller sends instructions to the buyer on request.
Seller is responsible to the buyer, that the case has no defects when received. In particular, the Seller warrants that at the time when the buyer take over the case,
- the thing has properties that the parties have negotiated, and in the absence of such properties, which the seller or manufacturer described or which the buyer had expected with regard to the nature of the goods and, on the basis of advertising carried out by them,
- the case fits the purpose for its use the seller lists, or to which a thing of this kind typically used,
- case corresponds to the quality or performing the agreed pattern or template, if the quality or design as specified in the agreed pattern or template,
- the thing is in the corresponding amount, extent, or weight
- the thing meets the requirements of the legislation.
If the case does not have the characteristics set out above, the buyer may require delivery of new things without defects, if it is not disproportionate given the nature of the defect, but if the defect affects only the components of the case, the buyer may demand only the exchange of components; If this is not possible, you may withdraw from the contract. If it is, however, due to the nature of the defects of the disproportionate, particularly if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
The right to the supply of new things, or the replacement of components, even if the buyer has removed the defect, if not properly used for a thing repeated occurrence of defects after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or does not apply if the right of delivery of new things without defects, on the exchange of its components or to repair things, may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller is unable to deliver a new thing without defect, replace the part or the thing to fix, as well as in the event that seller fails to remedy within a reasonable time, or that a remedy to the buyer there were considerable difficulties.
Rights arising from defective performance of the buyer, if the buyer does not belong before taking over the things he knew that thing has a defect, or if the buyer itself caused the defect, in particular in the following ways:
- the product has been installed or used contrary to the operating instructions or the instructions for use or to defect or damage demonstrably improper use,
- the product is mechanically damaged (e.g. in the case of unauthorised interference with the product),
- the defect was caused by improper or rough treatment or by the fact that the product has been used for other than normal, or by the manufacturer, its intended purpose.
Furthermore, the liability of the seller in the range indicated above does not apply to cases:
- for the product sold for a lower price on a defect for which the lower rate was agreed,
- If the Buyer reported the defect of character which is caused by wear and tear of normal use of the product.
Liability for defects on the nature of things does not apply to damage resulting from natural disaster or other external influences such as lightning or other atmospheric discharge, fire or water or other non-standard phenomena such as surges in the power grid or the telephone network, not defective fulfilment on the part of the seller.
In the event of defects for which the seller is responsible, the buyer has the right to claim through the meilu firstname.lastname@example.org you also agree the method of transmission of the product to the sales and where the buyer will advise how to proceed. However, if the confirmation issued by the seller on the law of liability for defects, or in the warranty card, another person designated for service, which is in the place of the seller or Buyer in place for closer inspection, the buyer may exercise the right to rectification in order to make pending for the person who is designated to perform the repair. The person so designated to repair will make the correction within the time limit agreed between the seller and the buyer.
The seller is obliged to issue a written confirmation to the consumer when the consumer exercises his right, what is the content of the complaint and what method of settlement of the complaint the consumer requests it; and further confirmation of the date and the method of settlement of the complaint, including a confirmation of the repairs and the time of its duration, or a written justification for rejection of the complaint.
The seller shall decide on the validity of the complaint immediately, in complex cases, within three working days. In this period of time is not appropriate according to the type of product or service necessary for the expert assessment of the defects. The complaint, including the removal of the defect must be settled without undue delay, no later than 30 days from the date of the complaint, if the seller agrees with the consumer on a longer period. Fruitless expiry of this period shall be considered as a substantial breach of the contract.
It is possible to recognise complaint only if proof of the following:
- that this is a defect for which the seller is responsible because of a defective performance, applied within 24 months of receipt of the product, or warranty provided in the contract; This fact proves the rule, the buyer receipt or properly and legibly completed warranty card with the date of purchase, provided the marking stamp and the signature of the seller in the event that the product has been granted a guarantee. Warranty claim, the buyer shall submit to the always product the warranty extended by the manufacturer.
- the buyer purchased the product from the seller, and at what cost; as a rule, the buyer can prove this fact by a valid proof of purchase showing the date of purchase of the product with proof of purchase of the claimed goods of the seller.
- that the product is defective; to this end, the buyer shall provide the seller of a defective product, or the person designated by the vendor or the manufacturer to make repairs.
If any of the terms and conditions herein by the buyer duly fulfilled, the claim cannot be recognized as legitimate.
The seller shall inform the buyer about the settlement of the complaint and the time limits to which the item is picked up. If it is not delivered to the buyer with information about the settlement of the complaint, and for any reason whatsoever on the part of the seller or the buyer, within 30 days, the buyer is obliged to pick up the goods immediately after the expiry of the 30-day period within which a claim should be dealt with at the latest.
9. Return of goods-withdrawal from the contract
The right to withdraw from the contract
The buyer, who has concluded a contract with the seller via the website www.martinforet.com or by other means of distance communication, has the right to withdraw from the contract without giving any reason within 14 days of:
- the date of conclusion of the contract (in the case of service contracts, it does not apply in the case of a contract for the provision of services if it were met with its prior express consent before the end of the deadline for withdrawal from the contract; Buyer hereby acknowledges the seller's notice that in this case, the buyer does not have the right to withdraw from the contract), or
- the date when the buyer or an appointed third party (other than the carrier) takes over the goods (in the case of a purchase contract with a one-time discharge), or
- date, the last part of the delivery of goods (in the case of a purchase contract, the subject of several types of goods, ordered by the consumer in one order and supplied separately), or
- date, the last part of the delivery of goods (in the case of a purchase contract, the subject goods consisting of several items or parts), or the date of acceptance of the first delivery of goods (in the case of a contract for regular delivery of goods for a specified period of time).
For the purposes of exercising the right of withdrawal you must of its decision to withdraw from this contract by sending a notice of withdrawal from the contract within the aforementioned period of 14 days of the seller by an unequivocal statement (e.g. a letter sent by post or email):
- email to the address email@example.com,
- by post to the address of Novosuchdolská 1355/6, 165 00 Praha-Suchdol
To speed up the execution of withdrawal from the contract, fill in all your details, including the order number.
In order to meet the deadline for the termination of this agreement, it is sufficient to submit a communication on the application of the right of withdrawal before the expiry of the relevant period (with all the necessities and data)
The consequences of withdrawal from the contract
If you withdraw from the contract with the seller, we will refund, without undue delay, no later than 14 days from the date on which we are informed about your decision to withdraw from the contract, any payments that we have received from you, including the cost of delivery of the goods to you (in addition to the additional costs incurred as a result of your chosen delivery method, which is different than the cheapest method of standard delivery offered by the seller). For refunds, we will use the same method of payment that you used for the initial transaction if you explicitly did not specify otherwise. In any case, you will not incur any additional fees. The return of the payment we may wait until then before we receive the returned goods or before you prove that you have the items sent back, whichever occurs earlier.
and the recall of the goods)
The seller will not accept the return of goods/consignment back sent cash on delivery!
In the event that you use the right to withdraw from the contract without giving any reason, goods return, if possible in its original packaging and with all its accessories, and this so as to not incur damage on it. Before acceptance of the goods by the seller, the seller of the goods is recommended to pack so that it is properly protected during transport from damage and deterioration. As soon as it receives the returned goods, the seller is obliged to promptly, but no later than within 14 days, check and check. If the item is returned, the seller shall immediately sends, not later than 14 days from the date of return of the goods, the buyer that the goods have been returned in order and returns the buyer paid the purchase price for the goods and the costs associated with the delivery of goods purchased through the e-shop the buyer (freight, packing, etc., in addition to the additional costs incurred as a result of your chosen delivery method, which is different than the cheapest method of standard delivery offered by the seller) the same means of payment that Buyers used to perform the initial transaction, or by sending the money to the buyer's address or transfer to the account of the buyer (the buyer when withdrawing from the contract may state how requested reimbursement of the purchase price).
(b)) responsibility for reduction in the value of the returned goods
The buyer is responsible only to the seller for any reduction in value of the goods as a result of the handling of these goods in a manner other than is necessary to understanding the nature, characteristics and functioning of the goods.
In the case of a reduction in the value of the goods to a greater extent than is stated in the previous sentence, the seller is entitled to claim against the buyer compensation for the reduction in the value of the returned goods, in particular where such damage will decrease the value of the goods supplied or failure to return the goods in its complete state.
The seller reserves the right to offset this reduction in compensation for the value of the returned goods on the return of the purchase price, the amount of this compensation is, however, required to prove.
The consumer cannot withdraw from the contract (according to the provisions of § 1837 German civil code):
- for the provision of services, if the were met with his prior express consent before the end of the withdrawal period and the entrepreneur told to the consumer before conclusion of the contract, that in this case does not have the right to withdraw from the Treaty,
- for the supply of goods that have been modified according to the wishes of the consumer or to his person,
- for repair or maintenance performed in a place determined by the consumer at his request; However, this does not apply in the event of subsequent implementation other than the requested repairs or delivery other than the requested spare parts,
- for the supply of goods in a closed container, which the consumer from the packaging and withdrew for health reasons it is not possible to return,
10. Final provisions
In the case that the consumer as the buyer considers that his rights have been violated, you may contact your complaints to the seller through the e-mail address firstname.lastname@example.org in the interest of an out-of-court settlement of the matter. The consumer is also entitled to apply to the Czech trade inspection, based at Prague 2, Štěpánská 15, 120 00, ZIP CODE or any of its regional Inspectorate (www.coi.cz).
These terms and conditions are displayed on the website of an online store www.martinforet.com and is thus made possible their archive and reproduction by the buyer. Terms and conditions apply to the extent, and the text of which is shown on the seller's website on the day the electronic order is sent. By sending the electronic order the buyer confirms that he is familiar with the following terms and conditions and agrees with them. These terms and conditions, the buyer is adequately before order is notified and has the option to be acquainted with them.