General Terms and Conditions of ASP Group s.r.o. for sale of goods through the Online Store located on the internet at the www.aspshop.eu website.
 

Dear customers,

we greatly appreciate your shopping in our online store aspshop.eu and we believe that you will be satisfied with our products and services.

These General Terms and Conditions shall apply every time you buy goods via our online store www.aspshop.eu. Please read these General Terms and Conditions carefully before you order any goods through our web store. By submitting an online order, these General Terms and Conditions will be binding also for you. General Terms and Conditions specify and clarify the rights and obligations of our company as the seller and the rights and obligations of you, our customer, as a buyer. We believe these Terms and Conditions will contribute to your 100% satisfaction with every purchase on www.aspshop.eu and with every service provided.
 

1. Introductory provisions 

1.1 General Terms and Conditions (hereinafter referred to as the "GTC") were issued by trading company ASP Group s.r.o., with the registered office at Staroplzenecka 290, Letkov, 32600, registered the Commercial Register administered by the Regional Court in Pilsen under file number 13271, Section C (hereinafter referred to as the “Seller”) in accordance with the provisions of § 1751 et seq. of Act No. 89/2012 Coll., Civil Code (hereinafter „Civil Code“) to regulate mutual rights and obligations of the parties arising in connection with or under a Sales Contract concluded between the Seller and any other natural person or legal entity (hereinafter the "Buyer“) through a website interface of the online store www.aspshop.eu, operated by the ASP Group s.r.o.

1.2 The legal relationship resulting from conclusion of the Sales Contract through the online store shall be governed by the laws of the Czech Republic.

1.3 Any deviations from these Terms and Conditions shall apply only if such deviations have been explicitly agreed upon in writing between Seller and the Buyer. In the event that there is any conflict or inconsistency between the Sales Contract concluded through the online store and these GTC, then these GTC shall apply to the extent that they do not conflict with the concluded Sales Contract.

1.4 The Seller reserves the right to alter and amend the Terms and Conditions to the appropriate extent, namely if reason for such alterations and amendments invokes from the changes of existing legislation. This provision shall not affect the rights and obligations arisen during the effective period of the previous version of the GTC.

1.5 The information and data contained in the aspshop.eu domain including all portions of the website, content, design, text, graphics, other content of the website and the selection and arrangement thereof are intellectual property of ASP Group s.r.o. and are protected by applicable laws governing intellectual property. It is strictly prohibited to monitor, modify, interfere or copy this website or any of its content in any way without the knowledge, consent and express prior written permition of ASP Group s.r.o., and the website cannot be used or misused for any purpose other than to realize online business described in the GTC.
 

2. Definition of terms 

For the purpose of these GTC, the following definitions shall apply:

2.1 Seller means trading company ASP Group s.r.o. with the registered office at Staroplzenecka 290, Letkov, 326 00, registered with the Commercial Register administered by the Regional Court in Pilsen, Section C, Dossier No. 13271, registered on 15th January 2001, which operates online store www.aspshop.eu (hereinafter referred to as the "Online store" or "aspshop.eu ") via web interface.

Business premises / Shop / Postal / Delivery address: Staroplzenecka 290, Letkov, 32600 Czech Republic
Phone: +420 378 21 21 21
E-mail: info@aspgroup.cz
Statutory Address: Staroplzenecka 290, Letkov, 326 00
Registration Number: 26320509
VAT Number: CZ26320509
Bank Account: Raiffeisenbank a.s. 1114444333/5500

2.2 Buyer means any natural or legal person who, in accordance with these GTC, is purchasing goods through an online store operated by ASP Group s.r.o. with respect to the applicable legislation of the Act. No. 634/1992 Coll, the Consumer Protection Act, and the Act. No. 89/2012 Coll., Civil Code, distinguish whether it is a Buyer who is a consumer or whether it is a Buyer who is not a consumer.

2.3 In the sense of Section 419 of Act No. 89/2012 Coll, a consumer means any natural person who, outside of the framework of his/her business or outside the independent exercise of his/her profession, concludes a contract with an entrepreneur who sells products or provides services to consumer in the scope of his/her business activities, eventually with a person acting on behalf of the entrepreneur or on his account.

2.4 If a consumer is a party to the contract, relations not covered by these GTC shall be governed by Act No. 89/2012 Coll., the Civil Code, and the Act. No. 634/1992 Coll on Consumer protection, as amended.

2.5 If a contracting party on the Buyer´s side is entrepreneur or an entity that is not a consumer, relations that are not covered by these Terms and Conditions shall be governed by the Law No. 89/2012 Coll.

2.6 Online business means business carried out through web application operated by the Seller on the above mentioned website www.aspshop.eu.
 

3. User Account 

3.1 Upon registration of the Buyer, carried on the website of the Online Store, the Buyer may access their user interface (hereinafter referred to as the "user account"). The Buyer may order the goods from his user account in accordance with these GTC for ordering goods offered by the Seller.

3.2 When registering through the online store web interface and when placing orders, the Buyer is obliged to provide correct and true information. The Buyer shall update the information in their User Account upon any change of such information without any unnecessary delay.

3.3 The Buyer is responsible for correctness and accuracy of information in their user account, and is responsible for correctness and accuracy of information when ordering goods from the online store. The data stated by the Buyer in their User Account and in the order are considered correct by the Seller.

3.4 Access to the User Account is secured by username and password. The Buyer is obliged to maintain the confidentiality of information necessary for access to their User Account, and understands that the Seller assumes no responsibility for violation of this obligation by the Buyer.
3.5 If Buyer is consumer, he may order and buy goods in Seller´s online store even without registration.

3.6 The Buyer acknowledges that the User Account may not be available continuously, especially with regard to the necessary maintenance of the Seller’s hardware and software equipment or of any third parties’ hardware and software equipment.

3.7 The Buyer may not enable any third persons to use the Buyer’s user Account.

3.8 The Seller may cancel a user account, in particular in the case if it has not been used by the Buyer for more than a year or if the Buyer has violated their obligations resulting from the Sales Contract or from these GTC.
 

4. Communication prior to entering into a contract 

4.1 ASP Group s.r.o. company in accordance with the provision § 1820 et seq. of the Act No. 89/2012 Coll., Civil Code, conveys that:

a) costs of the means of distance communication when concluding the Sales Contract, which incurred to and are borne by the Buyer when using means of distance communication associated with concluding of the Sales Contract (especially the cost of internet access, telephone costs etc.), do not differ from the basic rates (according to the charges and conditions of Buyer´s provider). ASP Group s.r.o. does not charge any additional fees.

b) requires the payment of the purchase price in full before taking over the goods by the Buyer.

c) prices of goods presented on the web interface operated by ASP Group s.r.o. trading company are final, including and excluding VAT and including all other taxes and charges which consumer must pay to receive the goods, excluding the shipping costs. Costs for packaging, shipping or delivering the goods to the Buyer may vary depending on the selected method of delivery, shipping provider and method of payment.

d) in the case of a personal collection of goods by the Buyer in business premises in Letkov there will not be charged any delivery (shipping) costs.

e) the Buyer, who is consumer, has the right to withdraw from the Sales Contract, which was concluded by means of distance communication (through an online store), under the conditions and within the time frames described in Article 7. of these GTC.

f) if the Buyer withdraws from the contract, the Buyer (also the Buyer who is a consumer) bears the costs of returning the goods to the Seller, even in the case of withdrawal from the Sales Contract concluded by a means of distance communication where the goods cannot be returned via usual postal route due to their character.

g) pursuant to Paragraph 14 of Act No. 634/1992 Coll., on Consumer Protection, as amended, the Buyer who is a consumer has the right to alternative dispute resolution of Consumer Disputes arising out of Sales Contract conducted with the Seller. Subject responsible for extrajudicial resolutions of Consumer Disputes is in this case Czech Trade Inspection Authority, Houškova 661/33, 326 00 Plzeň, Východní Předměstí, e-mail: inspektorat_plzen_sekretariat@coi.cz.

5. Conclusion of the sales contract 

5.1 All offers for sale of goods, located in the web interface www.aspshop.eu, is informative, not binding, and Seller is not obliged to enter into a Sales Contract concerning these goods. The provisions of § 1732 paragraph. 2 of the Civil Code do not apply.

5.2 Goods offered by the Seller at the time of placing the order by the Buyer, is located on Seller´s online interface www.aspshop.eu.

5.3 Selection of goods, which Buyer intends to purchase from the Seller, will be realized upon successful reception of Buyer´s online order by the Seller. So as to order goods, the Buyer shall fully and correctly fill in the order form in the shops’ web interface. A necessary precondition so that the order may come into force is full completion of all required information and data requested in the Order form. Without filling in complete order the system will not allow the Seller to process, administer, send and complete the order. The Seller is not responsible for orders which do not contain all data required for successful processing.

5.4 The above mentioned Order form must expressly contain following information:

a) when ordering, Buyer who purchases goods through an online store as a private person (non-entrepreneur), fills in order form: name and surname, full address including postal code, phone number or e-mail address.

b) the Buyer who is an entrepreneur or who is acting within their business or other activities, fills in order form:

• in case of natural person: name and surname, place of business, registration number, VAT number (if assigned to) and bank account number,

• in case of legal person: full company name including legal status, company address, registration number, VAT number, bank account number, and then name, surname and position of the ordering person acting on behalf of this legal entity. Buyer will also enter their phone number and contact e-mail address.

c) buyers mentioned in the preceding paragraphs a) and b) are obliged to specify also type, model, variant, size and quantity of goods which they are adding into electronic shopping cart. Order form shall also contain information on preferred method of payment of the purchase price, preferred delivery method, delivery address and also information on the costs associated with the delivery of goods.

5.5 Completed order can Buyer submit by clicking on „Submit order” button. Once the electronic order is accepted by Seller´s order processing system, the system will automatically assign the order number to each duly completed order. This number shall Buyer mention when subsequently contacting the ASP Group s.r.o. company. This number serves as identification in case of any unclarities or questions.

5.6 Upon reception of an order Seller immediately confirms to the Buyer reception of their order by e-mail on e-mail address provided by Buyer in the user interface or in the order. The Buyer shall also receive a copy of these GTC as an annex to confirmation of an order to the e-mail address provided.

5.7 Seller is always entitled, depending on the nature of the order (number of ordered items, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation (for example in writing, by fax or by telephone).

5.8 Sales Contract concluded through an online store operated by the ASP Group s.r.o., described in these GTC, is concluded in the moment of sending an Order by the Buyer as above. As from that moment mutual rights and obligations, emerging from the concluded Sales Contract, are established between the Buyer and the Seller. These rights and obligations shall be governed by the Order sent and realized in accordance with these GTC.

5.9 The Buyer confirms that by concluding Sales Contract (sending an order) they have read, understood and agreed to the GTC and that the GTC are a binding for them.

5.10 Web interface of the online store provides listing of goods offered by the Seller including prices of each product. According to Art. 4c) of these GTC, prices of offered goods are always stated including and excluding VAT and including all related charges, excluding the shipping costs. Prices of goods remain in force as long as they are displayed in the web interface. This provision does not restrict the possibility of the Seller to conclude a Sales Contract under individually negotiated conditions, which may be more favorable for the buyer than prices listed on the website.

5.11 Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface applies only for goods delivered within the territory of the given country. After switching to other language versions of the ASP Shop web interface, information about the actual shipping costs for delivery of ordered goods for the selected country will be displayed.

5.12 Buyer acknowledges that Seller is not obliged to conclude a Sales Contract, especially with those who have previously significantly breached the Sales Contract or these GTC.

5.13 Buyer agrees to the use of a means of distance communication when concluding the Sales Contract. Costs incurred to the Buyer when using a means of distance communication in context of concluding a Sales Contract (cost of internet access, telephone costs) are borne by the Buyer. These costs should not differ from the standard rates mentioned in Paragraph 4.1. of these GTC.

6. Purchase price and payment conditions 

6.1 Unless expressly stated otherwise, the purchase price is the price of goods valid at the time of submitting an order including and excluding VAT and including all costs associated with the delivery of goods. Purchase price including VAT, of which the Seller is payer, and all costs associated with packaging and delivery of ordered goods will be listed in the tax document (invoice) issued by the Seller. Purchase price including costs associated with packaging and delivery of the goods to the Buyer must be paid in full before goods are dispatched.

6.2 The price of the goods and any costs associated with the delivery of the goods according to the Sales Contract, the Buyer may pay to Seller by following methods:

a) in person by cash in our business premises located at the address Staroplzenecka 290, Letkov, 32600 Czech republic
b) by cash on delivery at the place specified by the Buyer in the order,
c) by money transfer to the bank account of the Seller noted in the invoice,
d) cashless by GP payment system gateway,
e) cashless by Credit / Debit Card,
 f) through a loan provided by a third party.

6.3 In the case of payment in cash or in the case of payment on delivery, the purchase price is due upon receipt of goods. In case of cashless payment the purchase price is due within five (5) calendar days after Sales Contract has been concluded.

6.4 In the case of cashless payment is considered fully paid only if the whole payment gets credited to the bank account of the Seller appropriate amount to the Seller's account.

6.5 Seller is entitled to, especially in the case that Buyer fails to send an additional confirmation of their order (Paragraph 3.5), to require payment of purchase price in full before sending the goods to the Buyer.

6.6 Except when the Buyer will take over the ordered goods personally at the Seller´s business premises in Letkov, the provisions of § 2119 paragraph. 1 Act. No. 89/2012 Coll. Civil Code for online purchase realized according to these GTC shall not apply and the Buyer accepts it.

6.7 Any discounts from the price for the goods offered by the Seller cannot be combined.

6.8 When paying by bank transfer, the tax document - invoice will be issued by the Seller upon receiving the order, and send it in electronic format to the provided Buyer's e-mail address. The Buyer is obliged to pay the invoice to the account specified therein. After this payment, the Seller will dispatch the goods to the Buyer together with the original invoice and with confirmation of received payment. When paying in cash, the Seller shall send the original invoice together with the goods to the Buyer.

6.9. Pursuant to the Czech Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. Sales must be registered to the tax authority online; in case of a technical failure this must be done within 48 hours.
 

7. Withdrawal from the sales contract 

7.1 The Buyer, who is consumer and who concluded the Sales Contract by means of distance communication (in online store www.aspshop.eu), is entitled pursuant to the provisions of Section 1829, paragraph. 1 of the Civil Code to withdraw from the Sales Contract without giving any reasons, within a time limit of fourteen (14) days from:

a) the date of conclusion of the Sales Contract
   or
b) the date of taking delivery of the goods
   or
c) the date of taking the final delivery of goods in the case of a Sales Contract whose subject-matter is several types of goods in scope of one order and delivered separately,
   or
d) the date of receiving the final delivery of goods in the case of a Sales Contract whose subject-matter is several items or parts

7.2 If the right of withdrawal is to be used by consumer – Buyer pursuant to paragraph 7.1 of these GTC, by the date of delivering notice of withdrawal to the postal address of the Seller, or to the e-mail address of the Seller, the Sales Contract is cancelled from the beginning (ex tunc).

7.3 The Consumer is obliged to send their notice of withdrawal from the Sales Contract in written form within the period specified in Paragraph. 7.1. For withdrawal consumer may use the standard Withdrawal Notice Form which can be downloaded HERE. Buyer is obliged to send their written withdrawal notice to the Seller by Post to the postal address of the Seller (Staroplzenecka 290, 326 00, Letkov) or by e-mail on address info@aspgroup.cz. Seller then confirms its receipt to the consumer.

7.4 Should a consumer withdraw from a Sales Contract, he/she is obliged to send back the goods received from the Seller or hand them over to the Seller or to a person authorized by the seller to receive the goods, without undue delay and not later than fourteen (14) days from the day on which he has communicated his decision to withdraw from the contract to the Seller in accordance with these GTC; this it shall do at their own expenses. Until Seller has received the returned goods, consumer bears the risk of loss that may arise due to damage, wear, loss, destruction, theft, etc. of returned goods.

7.5 The consumer is obliged to return the goods complete, in original condition, undamaged, unused, unworn, clean, uncontaminated, with complete documentation, with no signs of use or wear (unaltered), with all supplied accessories, user guide, warranty cards and tags and in original internal and external packaging (original box), if possible by the nature of the goods.

7.6 Buyer acknowledges that if the goods returned by the Buyer will be damaged, worn or partially consumed, the Seller becomes entitled to compensate losses and damages incurred to him. The Seller is entitled to unilaterally set off these losses and damages against the purchase price, which is to be refunded to the Buyer.

7.7 If the Buyer withdraws from the Sales Contract, the Buyer is obliged to return the goods to the Seller that are neither damaged nor worn out. If the goods returned by the Buyer will be damaged, worn or partially consumed, the Seller is entitled to compensation from the Buyer of any damage incurred to the Seller. The Seller is entitled to unilaterally set off their claim to damages against the Buyer's claim to reimbursement of funds charged by the Seller for the Purchase Price.

7.8 Should the consumer withdraw validly from the Sales Contract, the Seller shall reimburse all payments received from the consumer, including, if applicable, the costs of delivery, without undue delay and not later than fourteen (14) days from the day on which he is informed of the consumer’s decision to withdraw from the contract in accordance with Article 7.9 of these General Terms and Conditions. Notwithstanding the Seller shall not be required to reimburse the supplementary costs, if the consumer has expressly opted for a type of delivery other than the least expensive method of standard delivery offered by the seller.

7.9 The Seller shall carry out the reimbursement referred to in the previous subparagraph using the same means of payment as the consumer used for the initial transaction, unless the consumer has expressly agreed otherwise and provided that the consumer does not incur any fees as a result of such reimbursement.

7.10 Consumer is hereby informed that if any gifts or free items were given with goods by the Seller, the gift agreement is concluded with resolutory condition that occurs when the withdrawal from the contract by any party loses effectiveness from the beginning and Buyer is obliged to return all provided gifts and / or free items together with the returned goods. In the event that consumer will not be return these gifts back to the Seller, the Seller is entitled to unilaterally set off their value (average value in the place and time) against of the purchase price, which is Seller obliged to pay to the consumer after the withdrawal from Sales Contract in accordance with the above provisions. This provision shall also apply to Buyers who do not have the status of consumers.

7.11 Buyer acknowledges that pursuant to the provisions of § 1837 of the Civil Code, the consumer does not have the right of withdrawal from the Sales Contract:

a) in the case that the supplied goods were made, modified, adjusted or altered to the consumer’s specifications, or clearly personalized;
b) in the case of the supply of sealed goods that were unsealed after delivery, and are not suitable for return for hygiene reasons.
 

8. Transport and delivery of the goods 

8.1 The goods can be collected in person during normal business hours from our business premises in Letkov, or they can be delivered by method specified in the order to the address provided by the Buyer in the order form.

8.2 Should the Seller be obliged under the Sales Contract to deliver (send) the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery in the place of delivery.

8.3 If, for any reasons caused by the Buyer, it is necessary to deliver the goods repeatedly or by any other method different form the method specified in the order, the Buyer shall pay the costs associated with repeated delivery of the goods or the costs associated with another delivery method.

8.4 If the order on goods which are on Seller´s stock is placed before 15:00 CET on working days, the goods are dispatched usually on the same day.

8.5 If the ordered goods are not available from the Seller´s stock, delivery date is usually within five (5) working days after Seller receives them from the supplier.

8.6 Upon taking delivery of the goods from the delivery company, the Buyer is obliged to make sure that the packaging is intact and undamaged. Should there be any visible signs of damage on the packaging, the Buyer shall inform the delivery company immediately. If it is found that the packaging has been damaged and that the goods inside could be damaged, the Buyer has the right to refuse visibly damaged parcel and to file a Freight Damages Claim with the delivery company delivering the goods. Further is the Buyer obliged to inform the Seller immediately about this complaint and to give the Seller a copy of the above Freight Damages Claim which will serve as the basis for resolving any claims or damage.

8.7 By signing the delivery note Buyer confirms receipt of ordered goods and that the shipment meets all the conditions and requirements and any further claims regarding damage the packaging shall not be taken into account.

8.8 When opting for personal collection of the goods in our business premises in Letkov, the Buyer is obliged to pick up the ordered goods during normal business hours within 5 working days from receipt of the information from the Seller that the goods are ready for collection.

9. Liability, defects and warranty 

9.1 Before first use of the goods the Buyer is obliged to thoroughly read Owners / Installation manual and Warranty conditions, and follow these instructions. Failing this, the Buyer runs into risk of improper use / installation and damage of the goods. Seller shall not be liable for losses, costs, damages or expenses of any kind incurred by Buyer´s failure to meet these obligations.

9.2 Warranty period for each product is specified in product description. Warranty Period will start on the date of the handover of the goods, and if the goods was dispatched according to contract, Warranty period starts on the date of delivery the goods to the place of delivery. Should particular goods (product) have a Warranty certificate, it will be issued on the date of sale and validated will be sent or handed over to the Buyer.

9.3 The rights and obligations of the Contracting Parties regarding the liability of the Seller for defects, including the warranty liability of the Seller, shall be governed by the relevant generally binding legal regulations (in particular by provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of Act 89/2012 Coll., Civil Code).

9.4 The Seller is obliged to deliver goods in the quantity, quality, size, weight and type that the parties have agreed. The Seller is responsible to the Buyer that the supplied goods are without defects upon delivery.

9.5 If contractual arrangement relating to the quality or performance of the goods will be missing, Seller is obliged to deliver goods, which has such quality and properties that are normally expected for the item, or that the Seller or manufacturer claims in the product’s advertisements.

9.6 If the goods has to conform in design and quality to the agreed sample or draft, then it is the liability of the Seller to deliver goods that correspond to the sample or draft in quality and specifications.

9.7 The Seller shall be liable that the Products meet the requirements of the relevant valid legal regulations.

9.8 The Buyer is obliged to use the supplied goods only for the purposes and in the manners for which it is intended or which is usually applied. Seller shall not be held liable or responsible for defects of any kind that occur to goods as a result of improper usage or use for other than intended or usual purposes or as a result of improper installation and for defects caused by improper maintenance and improper care of the goods supplied.

9.9 If during the warranty period of supplied goods might occur defects for which the Seller would be responsible, the Buyer is obliged to inform the Seller in writing about the occurrence of such defects without delay and to allow the Seller to inspect the goods for the purposes of assessing mentioned defects and to provide full necessary cooperation to the Seller.

10. Further rights and obligations of the parties 

10.1 The Buyer acquires ownership of the goods by paying the entire purchase price of ordered goods including costs associated with delivery of goods.

10.2 When using the Web Interface of the online store www.aspshop.eu the Buyer may not use any mechanisms, software or any other procedures that might have a negative impact on the operation and function of the web interface.

10.3 The above mentioned websites of an online store can be used by the Buyer only for the purposes for which they are intended, and should not be abused in any way to the detriment or to the detriment of third parties.

10.4 The Buyer acknowledges that the Seller is not liable for errors of any kind arisen as a result of Buyer´s or a third party’s intrusion into the Website content or as a result of the Website having been used in contrary to the purpose of the Website.

10.5 The Seller informs the Buyer that in relation to the Buyer the Seller is not bound by any codes of conduct pursuant to the provisions of Section 1826, paragraph. 1 e) of the Civil Code.

11. Personal data protection and e-commerce 

11.1 The protection of the personal data of a Buyer that is a natural person is provided by Act no. 101/2000 Coll., on Personal Data Protection, as amended. ASP Group s.r.o., company ID 26320509 with headquarters in Staroplzenecka 290, Letkov, 32600 Czech republic, registered in the Commercial Register maintained by the Regional Court in Pilsen, section C, entry 13271, is a Controller of personal data in the sense of the provision of Article 4, paragraph 7 of the regulations of the European Parliament and Council (EU) 2016/679 (hereinafter only “GDPR”). As a business company, ASP Group s.r.o. processes personal data of Data Subjects according to GDPR and with the Principles for Processing Personal Data published at its company website www.aspgroup.cz. Among other information, the ASP Group s.r.o. Principles for Processing Personal Data include instructions for Data Subjects regarding their rights. To receive more information regarding the extent and methods for processing their personal data, the Data Subjects are entitled to contact ASP Group s.r.o. via e-mail at info@aspgroup.cz. Upon concluding this Agreement/placing an order, the Data Subject confirms that they were informed regarding the Principles of Processing Personal Data by ASP Group s.r.o.

11.2 The Buyer agrees with the processing of their personal data such as name and surname, address, identification number, VAT identification number, e-mail address and telephone number (hereinafter referred to as the "personal data") for the purposes of realization of online purchase according to these GTC for the purposes of maintaining the user's account.

11.3 Buyer agrees to the processing of personal data by the Seller for the purpose of sending information and commercial messages the Buyer. Buyer´s consent with the processing of personal data alone will not be an obstacle to the conclusion of Sales Contract in scope of the online store according to these GTC.

11.4 Seller may authorize a third party (a processor) to process the Buyer´s personal data. Besides the persons that deliver the goods, the personal data shall not be disclosed to any third parties by the Seller without the Buyer’s prior consent, with the exception of institutions or authorities that are legally entitled by the law.

11.5 Personal data shall be processed for an indefinite period of time, provided that the Buyer agrees to the collection and processing of their personal data. Personal data shall be collected, processed and securely stored in electronic form by an automated method or in printed form by a non-automated method.

11.6 The Buyer confirms that the personal data provided is accurate, complete and truthful and that the Buyer has been advised of the fact that the personal data is provided to the Seller on a voluntary basis.

11.7 The Buyer has the right to withdraw their consent to the processing of their personal data by means of written notice delivered to the Seller's postal address. Written notice of withdrawal shall be sent to the Seller on the address: Staroplzenecka 290, Letkov, 32600 Czech republic

11.8 Should the Buyer assume that the Seller or its processor (according to Art. 11.4) performs processing of the Buyer´s data in contrary to the protection of private and personal life or in contrary to the legal regulations, the Buyer may:

• request in writing an explanation from the Seller or processor.

• require that the Seller or processor eliminate such faults without delay should objectionable situation be detected and/or proven.

​Should the Seller or processor reject the Buyer’s request, the Buyer may contact the Office for Personal Data Protection. This provision shall not affect the Buyer’s right to contact the Office for Personal Data Protection directly.

11.9 Should the Buyer request information about processing of their personal data, the Seller is obliged to provide the Buyer with this information. The Seller may ask for a reasonable compensation for providing such information. Such compensation may not exceed the necessary costs of providing the information.

11.10 After conclusion by the Seller, every Sales Contract is stored and archived in electronic form and is further accessible only to ASP Group s.r.o. company. Registered B2B business partners (dealers), however, can access to their Sales Contracts and associated tax documents through their profile.
 

11.11 When paying by card through a payment gateway, the cardholder acknowledges that in order to apply the TRA exemption from strong user authentication on the part of the payment card issuer, personal data (name, e-mail address, home phone number, mobile phone number, billing address, delivery address) shared with the credit card issuer, making the purchase process easier. The transmission of the above data as part of the authentication process is in full compliance with the GDPR rules. The above data is stored only by payment card issuers.

12. Electronic communication and delivery 

12.1 Unless stated otherwise, any correspondence related to the Sales Contract shall be delivered to the other party in writing by means of e-mail, in person or by a registered mail service (chosen by the sender). Correspondence shall be sent to the Buyer preferably to their e-mail address provided in their user account.

12.2  A correspondence (message) we send shall be considered to have been delivered:

a) in case of e-mail, at the moment of its being received by the incoming mail server; the integrity of e-mail messages can be ensured by means of a certificate,
b) in the case of personal delivery or by a postal service, at the moment when the addressee takes delivery of the mail,
c) in the case of personal delivery or by a postal service also by the rejection of the mail if the addressee (or a person authorized to take delivery of the mail on the addressee’s behalf) refuses to take delivery,
d) in the case of a postal service being used, after the period of ten (10) days of the shipment being stored at the post office and the addressee being asked to take delivery of the stored shipment if the shipment is stored at the post office, even though the addressee did not learn that the shipment was stored.

13. Sending commercial communication and use of cookies 

13.1 The Buyer agrees to receive commercial communication related to the goods, services or Seller´s company to the Buyer's e-mail address.

13.2 Buyer agrees with saving cookies on their computer. In the event that the purchase from the website interface is possible to accomplish and the obligations of the Seller arising from the Sales Contract are possible to meet without storing cookies on Buyer´s computer, the Buyer may revoke their consent according to the previous sentence at any time.

14. Final provisions 

14.1 The risk of damage to the goods shall pass to the Buyer upon taking delivery. If the Buyer fails to take delivery of the Goods or any part of them on the delivery date, even though he could do so, the risk of damage to the goods shall pass to the Buyer from the time when the Seller has enabled the Buyer to use the goods.

14.2 In case of shipping of goods, the risk of damage to the goods shall pass from the Seller to the Buyer once the goods are handed over to the first delivery company for transmission to the Buyer in accordance with the Sales Contract. Buyer will be allowed to make a claim resulting from transportation contract against the delivery company. When sending the goods, the shipment must be clearly and sufficiently labeled as delivery for the Buyer. Should the goods not be labeled as described, handover of the goods to the Buyer takes effect if the Seller notifies the Buyer without undue delay, that he has shipped the goods and what kind of goods they are (specification of the goods).

14.3 Damage of any kind incurred to the goods after the risk of damage to the goods passed to the Buyer shall not acquit the Buyer of the duty to pay the Seller the purchase price, unless the damage would be caused if the Seller fails to perform any of his obligations.

14.4 Buyer acknowledges that for goods that require professional installation or specialized commissioning are only allowed to be carried out by the Seller or in/by authorized services approved by the Seller. The Seller’s shall not be liable for damage, loss or expense of any kind arising from improper, faulty or incorrect assembly and/or installation of supplied goods.

14.5 If the Sales Contract was concluded through the online store with Buyer with principal place of business outside the Czech Republic, the legal relationship aroused will be governed by applicable laws of the Czech Republic. In this case, the court with subject-matter and territorial jurisdiction will be court located within the territory of the Czech Republic, whose territorial jurisdiction based on the place of business of the Seller. This does not affect the rights of consumers resulting from generally binding valid legislation.

14.6 Should any provision of these Terms and Conditions be or become invalid or ineffective, such invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of any other provisions. Changes and amendments to the Sales Contract or to the Terms and Conditions shall be made in writing.

14.7 Should there be any comments or complaints regarding the contractual relationship concluded with the Seller, the Buyer may contact us personally in our business premises at the address Staroplzenecka 290, Letkov, 32600 Czech republic, by phone on telephone number +420 378 21 21 21, or by e-mail on address info@aspgroup.cz. Information about handling of complaints is sent by the Seller to the Buyer's electronic address. If the complaint by principle is a claim (points out the objections), such complaint will be dealt with as a claim.

14.8 Buyer acknowledges that annexed to GTC is standard Notice of withdrawal form which Seller recommends to use.

14.9 The Sales Contract shall be made in the Czech language. If a translation of the Contract is made and if there is a dispute as to the interpretation of any terms, the interpretation of the Czech version of the Contract is decisive.

Seller’s contact information:
Business premises / Shop / Postal / Delivery address: Staroplzenecka 290, Letkov, 32600 Czech republic
Phone: +420 378 21 21 21
E-mail: info@aspgroup.cz


These General Terms and Conditions, including their parts, shall be valid and effective from 1. 1. 2014.


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ASP Group s.r.o., 1. 1. 2014