Terms & Conditions
Easy Eye Wear s. r. o., Business ID 24298085, Tax ID CZ24298085, based at Jugoslávská 659/11, 120 00 Prague 2, registered at the Municipal Court in Prague, Section C, File 194222,
for the sale of optical glasses, sunglasses and equipment to end users
via an online shop located at the website www.easyoptic.cz
These Terms and Conditions of Easy Eye Wear s. r. o., Business ID 24298085, Tax ID CZ24298085, based at Jugoslávská 659/11, 120 00 Prague 2, registered at the Municipal Court in Prague, Section C, File 194222 (hereinafter referred to as "Seller") regulate the mutual rights and obligations of the parties arising in connection with or pursuant to the purchase contract (hereinafter referred as "Purchase Contract") concluded between the Seller and another individual or legal entity (hereinafter referred to as "Buyer") through the internet store of the Seller. The internet Store is operated by the Seller at the website http://www.easyoptic.cz through a web interface.
The Terms and Conditions also regulate the rights and obligations of the parties in the use of the Seller's website located at http://www.easyoptic.cz and other related legal relations.
Provisions different from those provided in the Terms and Conditions may be agreed in the Purchase Contract. Different covenants in the Purchase Contract shall prevail over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in English.
The Seller may change or amend the wording of the Terms and Conditions. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of these Terms and Conditions.
Legal relations between the Seller and the Buyer not expressly stipulated by these Terms and Conditions are governed by EU Directive No. 2011/83/EU, on Consumer Rights, Regulation no. 593/2008, on law applicable on contractual obligations (Rome I), and in accordance herewith by the Czech law, namely Act No. 89/2012 Coll., the Civil Code, as amended, and Act No. 634/1992 Coll., on Consumer Protection, as amended. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
All disputes arising from these Terms and Conditions, Purchase contract or in connection herewith shall be firstly settled amicably and the Seller and Buyer shall make their best effort to do so. In case the settlement is not reached, all disputes shall be decided by the courts of the Czech Republic.
On the basis of the Buyer's registration, made through the website www.easyoptic.cz (hereinafter referred to as the "Web Interface"), the Buyer may access their user interface. The Buyer may order goods from their user interface (hereinafter referred to as the "User Account"). The Buyer may also order goods directly from the web interface without registration.
When registering on the website and when ordering goods, the Buyer is obliged to provide all data correctly and truly. The Buyer is obliged to update the data he (or she) provided in the User Account any time it changes. Data provided by the Buyer in the User Account and upon ordering goods will be considered by the Seller as correct.
Access to the User Account is secured by a user name and a password. The Buyer is obliged to maintain in confidence all information necessary for accessing their User Account and acknowledges that the Seller assumes no responsibility for the violation of this obligation by the Buyer.
The Buyer is not entitled to allow third parties to use the User Account.
The Seller may cancel the User Account, in particular when the Buyer has not used their User Account for more than 12 months, or if the Buyer violates their obligations resulting from the Purchase Contract (including the Terms and Conditions).
The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software or necessary maintenance of hardware and software of third parties.
Prices of Goods
The web interface contains a list of goods offered for sale by the Seller, including the prices of the individual goods offered (hereinafter referred to as the "Purchase Price"). Purchase prices are given inclusive of the value-added tax and include costs connected with the packing of the goods. The range of goods for sale and prices of such goods remain valid for the period during which they are displayed on the store's web interface. This provision does not limit the Seller's option to enter into the Purchase Contract under individually agreed conditions.
The store's web interface also includes information about costs related to the delivery of goods to the particular EU country.
The Seller reserves the right to change prices at any time. The Buyer receives the goods for the price valid in the web interface at the time of ordering. This price will be included in the order and the email confirming the acceptance of the goods order.
Special prices are valid while supplies last with specification of the number of discounted goods or for a specified period of time.
Ordering of Goods
To order the goods, the Buyer shall complete the order form available on the store's web interface. The Buyer fills in all the data specified in the order as mandatory.
The order form includes in particular information about the following:
The goods ordered (the Buyer "puts" the goods ordered in the electronic shopping basket of the store's web interface),
The price of the goods
The price for delivery of the goods
Method of payment
Method of delivery of the goods ordered
(hereinafter referred to as the "Order").
Orders can be made in the following ways:
Through the web interface
The order is sent by the Buyer to the Seller. Immediately after receiving the Order, the Seller shall confirm such receipt to the Buyer by electronic mail to the Buyer's electronic mail address provided in the user interface or in the Order (hereinafter referred to as the "Buyer's Electronic Address"). In case the order is sent and at the same time the purchase price of the goods is paid immediately through the web interface, the Seller shall send the Buyer an issued invoice along with the confirmation.
By sending the order, the Buyer declares that he (or she) is bindingly ordering the goods specified in the order, and confirms that he (or she) is acquainted with the Terms and Conditions, and that he (or she) agrees with them in the version in force and effective at the moment the order is sent.
A condition of the electronic order's being in force is filling in all the data and requirements prescribed by the form.
The Seller reserves the right to refuse to process the order if the information given in the order is incomplete or inspires doubt about the actual intention of the Buyer to order the goods. The Buyer shall be informed of such a refusal.
The Seller further reserves the right not to accept the Order in case an obvious misprint regarding the price, description or a picture of goods on the Seller´s website. The Seller informs the Buyer about non-acceptance of the Order via email on the address in the Order.
The Seller is not responsible for the selection and the quantity of goods chosen by the Buyer.
The Buyer's order is a proposal to conclude a Purchase Contract with the Seller. The contractual relationship between the Seller and the Buyer arises from the delivery of the confirmation of the order (acceptance), which the Seller sends to the Buyer by electronic mail to the electronic address of the Buyer. The Order and the confirmation of its receipt are considered to be delivered if the parties for whom they were intended can become acquainted with them.
From that moment, mutual rights and obligations arise between the Buyer and Seller, which are defined by the Purchase Contract and the Terms and Conditions that are an integral part of such a contract and are sent to the Buyer together with the Order confirmation. Through the Purchase Contract, the Seller agrees to deliver the goods specified in the Order to the Seller within the time limit set in the Terms and Conditions and to the place of delivery specified in the Order, and the Buyer agrees to accept these goods from the Seller or their chosen carrier and pay the purchase price of the goods to the Seller (if they have not already paid in advance through the web interface) and the price for the transport of the goods stipulated in the Order.
The Buyer agrees with using remote communication means when concluding purchase contracts. The costs incurred by the Buyer when using remote communication means in connection with entering into the Purchase Contract (costs of internet connection or telephone calls) shall be paid by the Buyer. The Seller imposes in connection herewith no additional fee to the Buyer.
The Purchase Contract is concluded in the Czech or English language.
The concluded contract is archived by the Seller for the purpose of its successful fulfilment and is not accessible to third parties.
Withdrawal from the Contract
In case the Purchase contract was concluded via remote communication means, i.e. not in the business premises of the Seller, the Buyer (who acted by purchase of the goods as the Consumer) has the right in to withdraw from the contract in the term of 14 days from the takeover of the goods. If the Buyer decides to exercise this right, they must meet the following conditions:
a) The Buyer sends within the above mentioned term (i.e.14 days from the goods delivery) the withdrawal from the contract preferably in the form of an email message with the following text: "I have decided to withdraw from the contract dated DD.MM.YEAR, invoice number ………. and request the refund of the purchase price to the bank account number:………." Date and signature. The Seller confirms the delivery of the withdrawal without undue delay. b) The Buyer delivers the goods to the Seller's address within 14 days from the dispatch of withdrawal from the contract to the Seller together with a copy of the withdrawal from the Purchase contract. The Buyer may also bring the goods in person to the Easy Optic, Jugoslávská 320/21, Prague 2 120 00. c) The Buyer must return the goods complete, unused, with complete documentation, undamaged, clean, in the original undamaged packing, with the same value as when they had received the goods. The Buyer acknowledges that if the returned goods are damaged, worn, or if additional damages will be caused, the Seller is entitled to compensation from the Buyer for the damages they thus incurred. The Seller is entitled to set off the right to compensation for the incurred damage unilaterally against the Buyer's right to be refunded the Purchase Price.
In case of withdrawal from the contract according to the Terms and Conditions, the Seller shall refund the purchase price (exclusive of the delivery costs of the goods) to the Buyer within 14 days after the withdrawal from the contract, not sooner before delivery of the returned goods or proof that the goods was sent back to the Seller. The return of the purchase price shall be cashless transfer to the account specified by the Buyer.
The Seller reserves the right not to accept goods sent by the Buyer to the Seller through the postal service "cash on delivery".
The costs related to the return of the goods shall be borne by the Buyer. The Buyer further accepts that the Seller is entitled to charge for actual and documented costs related to the return of the goods incurred to the Seller in connection with the goods return and deduct these costs from the returned purchase price.
The Buyer may pay the Seller for the Purchase Price of the goods and the price of delivery of the goods by payment card through the internet portal GoPay while ordering goods. The Purchase price is payable immediately via the web interface.
The Seller is a value-added tax payer. Upon Act on Sales Record is the seller obliged to issue to the buyer a sale receipt. At the same time he is also obliged to record the sale by the tax authority; in case of technical interruption within 48 hours at the latest.
The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the price of the goods and shall be sent in electronic form to the Buyer's Electronic Address.
The title to the goods shall pass to the Buyer at the moment the Purchase Price of the goods has been fully paid.
Terms of Delivery
The Buyer will be receiving goods from an employee of the shipping service.
Sending by shipping service: PPL International
The Seller is obligated under the Purchase Contract to deliver the goods to the place specified by the Buyer on the Order. The Buyer is obligated to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to require a fee for storage in the amount of EUR 0,2 per day and is also entitled to withdraw from the Purchase Contract.
The delivery time limit starts on the date of confirmation of the Order by the Seller. The goods are delivered by the Seller within 5 working days from confirmation of the Order to the Buyer, at the address specified by the Buyer in the Order. The stated expedition time may be prolonged due to seasonal fluctuations (e.g. Christmas) and warehouse workload. In the event of a change in expedition time, the Buyer will be promptly informed by the Seller.
Delivery of goods under these Terms and Conditions is considered the moment of delivery to the Buyer in accordance with the Purchase Contract. Unreasonable refusal of takeover of the goods by the Buyer is not considered a failure of the Seller to fulfil the obligation of delivering the goods and the Seller is entitled to charge to the Buyer the costs for delivery and return of the goods.
The price of transport is determined by the current price list on the date of the Order on the web interface.
The Buyer is obligated to check the consignment upon receiving it (number of packages, intactness of the packaging, -- box) to determine whether the contents were not damaged in transit. The Buyer is entitled to refuse acceptance of goods which are not in conformity with the Purchase Contract because, for example, the shipment is incomplete or damaged. If the Buyer takes over such a damaged package from the shipper, it is necessary to describe the damage in the handover report. An incomplete or damaged shipment must be reported immediately by e-mail to the address firstname.lastname@example.org and a damage report shall be written up with the carrier and sent without undue delay by e-mail or mail to the Seller. Further complaints regarding incomplete or external damage to the shipment does not deprive the Buyer of the right to claim a return, but it does gives the Seller the opportunity to demonstrate that there is no non-compliance with the Purchase Contract.
By signing the delivery note, the Buyer confirms that the shipment of the goods satisfies all conditions and prerequisites, and any later complaint concerning violation of the integrity of the shipment packaging will not be taken into consideration.
The rights and obligations of the contracting parties concerning the Seller's liability for defects, including the Seller's warranty liability, are governed by the applicable generally binding regulations (in particular by the provisions of Section 2099 and 2158 of the Civil Code).
The warranty period is 24 months.
The Seller shall be liable to the Buyer for the sold thing (goods) being in compliance with the Purchase Contract, in particular that it is without any defects. Compliance with the Purchase Contract means that the goods sold is of the quality and has the utility features required by the Contract, described by the Seller, manufacturer or the manufacturer's representative or expected on the basis of promotion performed by them, or the item's quality and utility features are usual for goods of a similar kind, complying with the requirements of legal regulations, available in the respective quantity, measure or weight and complying with the purpose of use specified by the Seller or being normal for such an thing.
If the goods is not in compliance with the Purchase Contract upon take-over by the Buyer (hereinafter referred to as "Non-compliance with the Purchase Contract"), the Buyer will be entitled to demand even delivery of a new perfect thing, unless it is disproportionate to the nature of the defect. If the defect only concerns a component part of the thing, the Buyer may only request a replacement of that component part; if it is impossible, he may withdraw from the contract.
If, however, it is disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously.
Even where a defect is removable, the Buyer is entitled to have a new thing supplied or a component part replaced if he cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the Purchase contract.
If the Buyer fails to withdraw from the contract or assert his right to have a new defect-free thing supplied, its component part replaced or the thing repaired, he may require a reasonable price reduction. The Buyer also has the right to a reasonable price reduction where the Seller cannot supply to him a new defect-free thing, replace a component part of the thing or repair it, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
Complaints shall not apply to defects resulting from careless handling, wear and tear, mechanical damage or use of the goods contrary to their purpose.
The Buyer's rights arising from the Seller's liability for defects, including the Seller's warranty liability, shall be claimed by the Buyer from the Seller at the address of the Seller's place of business. Transportation to the place of claim application is paid by the Buyer. In the case of a justified complaint, the costs associated with the complaint will be refunded to the Buyer.
Security and Protection of Information, personal data
The Seller processes the personal data of the buyer in accordance with the applicable legal regulations, i.e. Act No. 101/2001 Coll., On the Protection of Personal Data, and from May 25, 2018 also in accordance with the Regulation of the European Parliament and Council No. 2016/679, on Protection natural persons with regard to the processing of personal data and the free movement of such data (GDPR).
These Terms and Conditions become effective on June 6th 2022 and replace all previous provisions and arrangements. The Seller reserves the right to change these General Terms and Conditions without previous notice.
For company Easy Eye Wear s.r.o., approved by Jana Vávrová, Executive Director
Within the meaning of Section 1820 (1) (j) of the Civil Code and Section 14 (1) and Section 20d et seq. of Consumer Protection Act 634/1992, the consumer advises the seller that with the consumer out-of-court settlement of a consumer dispute, the consumer can turn to an out-of-court consumer disputes body, such as the Czech Trade Inspection (Česká obchodní inspekce), with the registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: www.coi.cz .
Further it is possible to use the online dispute resolution platform at http://ec.europa.eu/consumers/odr. No provision of this conditions does exclude the right of the consumer to file a lawsuit by the respective court.
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