Business terms and conditions

Business terms and conditions

Direct spol. Ltd

Company headquarters: Lamačova 914/35, Prague, 152 00
Identification number: 00550248
Tax identification number: CZ00550248

Registered in the commercial register at the Municipal Court in Prague, section C, file 240175.

(hereinafter referred to as the "Seller")

for sale through the online store located at www.simplypc.cz

Contact details of the Seller:

Address for delivery:
SimplyPC
Žižkova 489
261 01 Příbram

(hereinafter referred to as "Contact address")

Email address: info@simplypc.cz (hereinafter referred to as "Contact email")
Telephone: (+420) 725 303 415 (hereinafter referred to as "Contact telephone")

Introductory Provisions

These terms and conditions (within the meaning of § 1751 of Act No. 89/2012 Coll., Civil Code, as amended, hereinafter referred to as the "Civil Code") apply to purchases in the "SimplyPC" online store via the web interface located at the Internet address www .simplypc.cz (hereinafter also referred to as the "shop web interface") operated by the Seller.

The terms and conditions define and specify the basic rights and obligations of the Seller, Buyer and User. By sending the order and also by confirming it in the web interface of the store, the buyer simultaneously confirms that he accepts these terms and conditions and that he has familiarized himself with them. The terms and conditions will be available on the website of the online store, also sent by email in full on request or attached to the goods printed on request.

Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the terms and conditions.

The provisions of the terms and conditions are an integral part of the purchase contract (the "purchase contract" here refers to a purchase contract, a contract for work, a contract for the provision of services, or another contract concluded in accordance with these terms and conditions). The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language, unless the Buyer and the Seller expressly agree on another language. These terms and conditions are displayed in the web interface of the store and during the ordering of goods, and thus their archiving, reproduction, preservation and repeated display by the Buyer is enabled, which the Buyer acknowledges and undertakes to keep the terms and conditions for himself during the order of goods for later repeated viewing display.

All contractual relationships are governed by business terms and conditions and relationships not regulated by law, the Civil Code, and if the contracting party is a consumer, by Act No. 634/1992 Coll., on consumer protection, as amended.

In cases where a person who intends to purchase goods from the Seller acts when ordering goods as part of his business activity or as part of his independent performance of a profession or is a legal entity, consumer protection according to these terms and conditions does not apply to him, in particular it does not apply relevant provisions of Article 5 – Withdrawal from the purchase contract.

Definition of terms

A buyer is a natural or legal person who intends to purchase goods through the store's web interface. Due to the applicable legislation, a distinction is made between Buyer who is not a consumer and Buyer who is a consumer.

A consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or otherwise deals with him

A user is any natural or legal person who visits the store's web interface. The Buyer is also a User.

The goods sold through the web interface of the store are used computer technology (refurbished desktop computers, laptops, monitors and spare parts), new spare parts and accessories for computer technology and other related goods specified in more detail in the web interface of the store.

Order and conclusion of purchase contract

If the web interface of the store allows it, the Buyer orders the goods:

without registration in the web interface of the store, i.e. directly through the web interface of the store (by filling in a form or otherwise) or

through e-mail communication with the Seller by sending an order to the Seller's contact email or

via phone or SMS order on the Seller's Contact Phone.

An order without registration (an order made other than from a user account) must contain the exact name of the ordered goods (or the numerical designation of the goods) and the number of goods and the Buyer's personal data (name and surname, delivery address, telephone number, e-mail address).

If the web interface of the store allows it, the Buyer can access his user interface based on his registration in the web interface of the store. The Buyer can order goods from his user interface (hereinafter referred to as "user account").

User account

When registering and when ordering goods (when using a user account and otherwise), the Buyer is obliged to enter all data correctly and truthfully. The Buyer is obliged to update the data in the user account without delay in case of any change. The data provided by the Buyer in the user account and when ordering goods are considered by the Seller to be correct and up-to-date.

Access to the user account is secured by a username and password, about which and other information necessary to access the user account, the Seller is obliged to maintain confidentiality and acknowledges that the Seller is not responsible for the breach of this obligation by the Buyer. The buyer is not authorized to allow any use of the user account by third parties.

The Seller may cancel the user account, especially if the Buyer does not use his user account for more than 1 year, or if the Buyer violates his obligations under the relevant purchase contract (including these terms and conditions).

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 necessary maintenance of hardware and software equipment of third parties.

The store's web interface contains a list of goods and information about them, including the prices of individual goods. The prices of goods are listed including all taxes (including VAT), customs duties and other fees, especially recycling fees. The stated prices do not include prices and costs for packaging, transport or delivery of the goods to the Buyer. Information on the costs associated with packaging and transport or delivery of goods is contained in the web interface of the store and Article 4 of these terms and conditions, and in case of contradictions, the price in the web interface of the store takes precedence. These prices apply only in cases where the goods are delivered within the territory of the Czech Republic (unless explicitly stated otherwise in the web interface of the store).

The prices of the presented goods and the prices for packaging, transport and delivery remain valid for the time they are displayed in the web interface of the store. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other, unless the seller explicitly states otherwise.

The possibility of the Seller to conclude a purchase contract under individually agreed conditions with the Buyer is preserved.

The presentation of the goods placed in the web interface of the store is of an informative nature and is not an offer from the Seller (or his proposal to conclude a contract; Section 1732, paragraph 2 of the Civil Code does not apply). The seller is not obliged to conclude a purchase contract regarding the goods presented in this way. An offer marked as "promotional" is valid until stocks run out or until the end of such an offer indicated in the web interface of the store or until the offer is revoked or until the next update of the offer. The seller provides various types of discounts. Each discount has rules for applying. In the event that the discount or discount coupon is applied by the Buyer in violation of the rules of the given discount or discount coupon, the Seller has the right to refuse such application of the discount or discount coupon. In such a case, the Buyer is informed and will be offered the opportunity to complete the order without this discount or applied coupon. The rules and conditions for the application of a specific discount or marketing action are listed either directly with the discount or marketing action in the form of information, or with the discount or marketing action there is a link to the web interface of the store, where the rules of the discount or marketing action are described in detail.

To order goods, the Buyer fills out the order form (or provides the relevant information when communicating by phone or email) in the web interface of the store, which contains information about:

ordered goods (the buyer "puts" the ordered goods into the electronic shopping basket of the store's web interface, indicates its number, or the designation of the goods according to the items in the Seller's presentation/catalogue, its size and color),

the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods, including the delivery address,

identification and contact information of the Buyer, including billing information (if required); and

information about costs associated with packaging, transport or delivery of goods

(hereinafter collectively referred to as the "order").

Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, also taking into account the Buyer's ability to detect and correct errors that occurred before and during the entry of data into the order. The Buyer sends the order to the Seller by clicking the "SEND ORDER" button. The information given in the order is considered correct by the Seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the order or in his user account (in the event of discrepancies, the address in the order takes precedence; hereinafter referred to as "the Buyer's e-mail address"), while it applies that unless stated otherwise in the confirmation, this confirmation is not in itself acceptance (acceptance) of the order in the sense of paragraph 3.10 of these terms and conditions, i.e. it is not the conclusion of a purchase contract.

The Seller is always entitled to ask the Buyer for additional confirmation of the order or verification of the Buyer's identity (for example, in writing, by fax or by telephone). If the order or identity of the Buyer is not confirmed by the Buyer at the request of the Seller, or verified, the order is considered invalid and the purchase contract will not be formed. In the event of detection of any deficiency, in particular incompleteness or inconsistency of data on persons authorized to order goods, the Seller is entitled to disregard the order. The Seller is entitled to reject (or disregard) an order that does not meet the essential requirements or to return it for completion and to provide a reasonable period for this. Its futile expiration results in the order being viewed as if it had never been delivered.

The contractual relationship between the Seller and the Buyer is established (i.e. the purchase contract is concluded) by delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail, to the Buyer's electronic address, and if this does not happen, by payment of the entire purchase price or upon receipt of the ordered goods by the Buyer, whichever occurs first. Acceptance of the order (acceptance) can be part of the confirmation of receipt of the order according to paragraph 3.8. (if expressly stated in the confirmation) or may follow this confirmation separately.

The Buyer acknowledges that the Seller is not obliged to enter into a purchase contract, especially with persons who previously violated the purchase contract (including the terms and conditions).

The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of remote communication in connection with the conclusion of the purchase contract (primarily the costs of internet connection, costs of telephone calls) are covered by the Buyer himself. These costs do not differ from the base rate.

With the purchase contract, the Seller undertakes to supply the Buyer with the goods specified in the order, and the Buyer undertakes to take over these goods from the Seller or the carrier chosen by him and to pay the Seller the purchase price of the goods specified in the order.

In the event that there was an obvious technical error on the part of the Seller when indicating the price of the goods in the web interface of the store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer at this clearly incorrect price, even if the Buyer was sent an acceptance of the order in accordance with para. 3.10 of these terms and conditions.

The Seller will notify the Buyer if the price indicated for the goods in the web interface of the store or during the ordering process is no longer current. If the Buyer does not agree to the price increase, the Seller reserves the right to withdraw from the purchase contract.

The Buyer may cancel orders not yet confirmed by the Seller in accordance with paragraph 3.10 by telephone or by email to the contact telephone number, or email address of the Seller. All orders accepted by the Seller pursuant to paragraph 3.10 are binding. Even a binding order can be canceled after prior agreement with the Seller. In the event that the order is not canceled before dispatch, and it is dispatched, the Buyer may be required to reimburse the costs associated with the dispatch and return of the goods caused by the cancellation of the order. For goods made to measure or at the Buyer's request, the order can only be canceled until the goods in question start to be produced.

Payment and delivery terms

Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods, the amount of which is indicated in the web interface of the store and will be indicated in the order and in its receipt. Unless expressly stated otherwise, the purchase price also includes these costs associated with the delivery of the goods.
The Buyer has the option to pay the purchase price for the goods to the Seller, in addition to the other methods listed in the web interface of the store, in one of the following methods:

• payment in cash - for personal collection at the Seller's Contact Address;
• payment in cash - when sending goods on delivery
• payment using the Comgate service - refunds can also be processed in this way

Any additional payments by the Buyer in connection with the aforementioned methods of payment of the price of the goods are indicated in the web interface of the store, in the order and will be indicated in the acceptance of the order.

The method of payment will be specified by the Buyer in the order (where any other payments in connection with the chosen method of payment will also be specified).

Payment for goods is possible in Czech crowns (CZK) and EUR (euros)

As a rule, the seller does not require an advance on the purchase price of the goods or a similar payment. In justified cases (mainly for orders with a total price of more than CZK 30,000), he can do so. The Seller is entitled to demand payment of the full price of the goods before they are sent or handed over to the Buyer (Section 2119(1) of the Civil Code does not apply).

In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within three working days from the conclusion of the purchase contract.

In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the indication of the variable symbol of payment - the order number. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.

If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the Seller will issue a tax document - an invoice - to the Buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document - when paying by bank transfer, the Seller issues an invoice to the Buyer after payment of the purchase price of the goods and sends it electronically to the Buyer's electronic address or at the same time as the goods. In case of payment by cash on delivery, it is sent electronically or together with the goods. When the invoicing data on the already issued documents is changed, the Seller has the right to reimbursement of costs incurred in connection with such a change.

In the case of cash on delivery or personal collection of the goods, the Seller usually ships the goods that are in stock within 2 working days from the receipt of the order. When paying by bank transfer, the Seller usually ships the goods from stock within 2 working days after crediting the relevant amount to his account. Partial delivery of the ordered goods is permissible provided that the contrary has not been agreed upon.

Goods that are not in stock are dispatched by the Seller as soon as possible. The Buyer is informed in advance about the exact date. In the event that for objective reasons (the goods are no longer produced, the supplier has stopped delivering to the Czech Republic, its price or delivery costs have increased significantly) it is not possible to deliver under the original conditions, or performance becomes objectively impossible, or if the Buyer has not settled all obligations towards the Seller due on the date of issue of the order, the Seller has the right to withdraw from the purchase contract. It will inform the Buyer immediately about withdrawal from the purchase contract. In the event that the Buyer has already fully or partially paid the purchase price, the amount received will be returned to him without cash to the account provided for this purpose by the Buyer or the account from which the funds were transferred to pay the purchase price (if the Buyer does not notify the Seller of any within 3 days of withdrawal) , within 5 days of withdrawing from the purchase contract.

The methods of delivery of goods are listed in the web interface of the store. The specific method of delivery of the goods will be chosen by the Buyer in the order and confirmed by the Seller in accepting the order.

The costs of delivering the goods, depending on the method of sending and receiving the goods, are listed in the store's web interface, will be listed in the Buyer's order and in the Seller's acceptance of the order. The packaging fee is not charged in any case in the price of the goods. When picking up goods in person at the Seller's Contact Point, delivery costs are free. If the Buyer collects the goods in person at the Seller's Contact Address, the Seller is obliged to notify him by telephone or e-mail when he should come to collect the goods.

In the event that the Buyer does not take over the goods or withdraw from the purchase contract in accordance with these terms and conditions, the Seller is entitled to compensation for the costs associated with the delivery of the goods and their storage (for storage at the Seller's for each day of delay in the amount of a maximum of CZK 10, however, a maximum of CZK 500 in total or up to the amount of the purchase price if it is lower than CZK 500), as well as other costs incurred by the Seller due to non-acceptance of the goods by the Buyer, and further has the right to withdraw from the purchase contract.

If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a way other than the agreed, the Buyer is obliged to pay the costs associated with such delivery.

Delivery of the goods according to these terms and conditions means the moment of delivery of the goods to the Buyer in accordance with the purchase contract. Unreasonable rejection of the goods by the Buyer is not considered a breach of the Seller's obligation to deliver the goods. When taking over the goods, the Buyer is obliged to check that the packaging of the goods is intact and to report any defects to the transporter and the Seller immediately. Refusal to accept the shipment due to damaged packaging is not considered unjustified rejection of the goods. By signing the delivery note, the Buyer confirms that the shipment of goods met all requirements and acknowledges that a claim for goods due to damage to the shipment's packaging is no longer possible.

The buyer acquires title to the goods by paying the full purchase price for the goods (including packaging and delivery costs), but not before taking delivery of the goods. Responsibility for accidental destruction, damage or loss of goods passes to the Buyer at the moment of taking over the goods, or at the moment when the Buyer had the obligation to take over the goods, but did not do so in violation of the purchase contract (i.e. usually when the goods are ready for him to take over).

If digital content is purchased, it will be delivered together with the purchased computer, or in a boxed version, or installed by our technician using a remote computer management program.

Withdrawal from the purchase contract

The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the delivery of audio or video recordings or computer programs, if the original packaging has been violated.

If this is not the case mentioned in paragraph 5.1. or in other cases where it is not possible to withdraw from the purchase contract, the Buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within thirty (30) days of taking over the goods. Withdrawal from the purchase contract must be sent to the Seller within the deadline according to the previous sentence, to the Seller's Contact Address or to the Seller's Contact Email.

In case of withdrawal from the purchase contract according to paragraph 5.2. of these terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller within 14 days of withdrawal from the purchase contract to the Seller's Contact Address. The goods must be returned to the Seller undamaged, unworn and unpolluted and, if possible, in the original packaging.

Along with the returned goods, the buyer shall attach a copy of the delivery note and invoice, if issued, as well as a written statement of withdrawal from the purchase contract and the chosen method of refund (bank transfer or personal collection in cash). The statement must also include the Buyer's contact address, telephone and email address.

Within a period of ten (10) days from the return of the goods by the Buyer in accordance with paragraph 5.3 of the terms and conditions, the Seller is entitled to carry out an examination of the returned goods, in particular for the purpose of ascertaining whether the returned goods are not damaged, worn or partially consumed.

The Seller shall return to the Buyer the funds (including delivery costs) that he received from him under the purchase contract, within 14 days of the Buyer's withdrawal from the purchase contract, in (i) the same way as he received them from the Buyer, or (ii) ) in the manner requested by the Buyer, (iii) always also by sending to the bank account communicated by him or the account from which the funds were transferred to pay the purchase price (if the Buyer does not notify the Seller within 10 days of withdrawal), whereby the Buyer hereby declares his consent on the condition that no additional costs will be incurred in this way. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods to him.

If the Buyer has chosen a different method of delivery of the goods than the cheapest method offered by the Seller, the Seller will reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered.

The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation for the damage caused to the Buyer. The Seller is entitled to unilaterally offset the claim for payment of the incurred damage against the Buyer's claim for the return of the purchase price and the costs of delivery of the goods.

When sending, the Buyer is obliged to pack the goods in suitable packaging so that they are not damaged or destroyed. The purchase price and delivery costs cannot be refunded for goods substantially damaged or destroyed during transport due to the use of unsuitable packaging.

The costs associated with returning the goods to the Seller in case of withdrawal from the purchase contract by the Buyer shall be paid by the Buyer, even if the goods cannot be returned by the usual postal route due to their nature. The Seller is entitled to include the costs actually incurred in connection with the return of the goods to the purchase price and the costs of delivery of the goods to be returned to the Buyer.

Until the time of acceptance of the goods by the Buyer, the Seller is entitled to withdraw from the purchase contract at any time. In such a case, the Seller will return the purchase price to the Buyer in cashless form to the account communicated to him for this purpose by the Buyer or the account from which the funds were transferred to pay the purchase price (if the Buyer does not notify the Seller of any within 5 days of withdrawal).

If a gift is provided together with the goods, the relevant gift contract is concluded with the discontinuance condition that if any party withdraws from the purchase contract, the gift contract ceases to be effective and the Buyer is obliged to return the gift together with the goods.

Liability for defects and complaints procedure

The Buyer's rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).

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

• the goods have the properties agreed upon by the parties, and if there is no agreement, they have the properties described by the seller
• the goods are suitable for the purpose that the Seller states for their use or for which goods of this type are usually used,
• the quality or design of the goods corresponds to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
• is the goods in the corresponding quantity, measure or weight and
• the goods comply with the requirements of legal regulations.

The provisions stated in the previous paragraph of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time of acceptance by the buyer , or if it follows from the nature of the goods.

If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt.

Rights from defective performance, including warranty liability, are applied by the Buyer to the Seller at the Seller's Contact Address (other methods of claiming defects according to the Claims Regulations are not limited in any way). The moment when the Seller receives the claimed goods from the Buyer is considered to be the moment of application of the complaint.

You can find the full complaint procedure here.