Conditions of Sale
These Conditions of Sale are valid for the purchase in the internet shop / e-shop run by the company Jablocom s.r.o.. The conditions specify and define the rights and obligations of the Seller, that is the company Jablocom s.r.o., seated in V Nivách 12, Jablonec nad Nisou, 46601, Czech Republic, and the Buyer (Entrepreneur, End-user). All Contract relations are concluded in accordance with the Law of the Czech Republic. If the Contract party is End-user, the relations not specified by the stipulations of the Contract are governed by the Civil Code (No. 40/1964 Col.) and Law on the Protection of End-user (No. 634/1992 Col.). If the Contract party is Entrepreneur, the relations not specified by the conditions of this Contract are governed by Commercial Code No. 513/1991 Col., as amended.
Definition of terms
- Contract is a sales contract where contract parties are Seller on one side and End-user or Entrepreneur on the other side.
- Product is GSM and telecommunications equipment sold by the Seller to the Buyer via this internet shop.
- Seller is the company Jablocom s.r.o. seated in V Nivách 12, Jablonec nad Nisou, 46601, Czech Republic, company registration number: 27275841, VAT registration number: CZ27275841, document mark C 22000 in the registrar court in Ustí nad Labem, telephone +420 483 559 721, email: email@example.com
- Buyer is the customer of the internet e-shop. Reflecting the legislation being in effect, it is distinguished between the Buyer that is an End-user and the Buyer that is not an End-user.
- End-user is a Buyer person that does not act within their commercial or other entrepreneurial activity when concluding and fulfilling the Contract.
- Entrepreneur is Buyer not being End-user, is that buys products or uses services with the purpose of running their own business with these products or services.
Contract with the Buyer not being End-user is governed by Conditions of Sale in the extent to which this Buyer is concerned and by the Commercial Code.
The order of the Buyer is the proposal of sales Contract and the Contract itself is concluded at the moment of delivering binding agreement of the Buyer and the Seller with this proposal (binding confirmation of the order by the Seller). From this moment on, mutual rights and obligations become to exist.
By concluding the Contract, the Buyer confirms that they have become familiar with these conditions of sale, including rules for claiming warranty (see appendix 1) and that they agree with these conditions. The Buyer's attention is drawn to these conditions of sale and to the conditions of claiming warranty in a sufficient manner and the Buyer has the possibility of becoming familiar with these Conditions of Sale prior to placing the order.
The Seller reserves the right to cancel the order or a part thereof prior to concluding the Contract when the goods is not produced or the price of the goods has changed significantly before the goods are paid by the Buyer. In these cases, the Seller shall with no delay contact the Buyer to agree further steps. In case that the Buyer has already paid a part or the whole purchase price, this will be transferred back to his account or address and the Contract shall not be concluded, if not agreed otherwise.
Discrepancy with Contract
In case that the Product is not in accordance with the Contract when it is taken over by the Buyer (further only as "discrepancy with the Contract"), the Buyer has the right that the Seller brings the Product into the state which is in accord with this Contract free of charge and with no unnecessary delay. The Seller will do so according to the requirement of the Buyer either by replacing or repairing the Product; if such a procedure is not possible, the Buyer may request an adequate discount or the Buyer can step back from the Contract. This does not apply when the Buyer knew about the discrepancy with the Contract prior to taking over the Product or when the Buyer caused the discrepancy with the Contract themselves. If Product is sent back to the Seller for repair or return, the Buyer must return it in a state and with complete packaging in which it was delivered; otherwise the Seller is allowed to charge the Buyer adequate costs as a compensation of missing parts or defects on the Product.
The right of End-user to step back from the Contract
In case the Buyer is End-user and the sale of the Product takes place on the territory of the Czech Republic (i.e. the Product is not exported) and if the Contract is concluded by the means of communication at a distance (in internet shop), the Buyer has the right, in accordance with 53 par. 7, Civil code, to step back from the agreement within 14 days from taking over the Product. In this case, the End-user shall contact the Seller and will state in writing that they step back from the Contract, stating the number of order, date of purchase and account number for return of money. Stepping back from the Contract must be delivered the last day of the 14day period at the latest.
This stipulation of act, however, cannot be understood as the possibility of lending the goods for free. The End-user, in case of using the right of stepping back from the Contract within 14 days from taking over the Product, must return to the Seller everything that the Buyer gained on the basis of the Contract. If this is not possible anymore, (e.g. when the Product was destroyed in the meantime), the End-user must provide a financial compensation as a counterbalance of what cannot be returned. If the returned goods is damaged only to some extent, the Seller can apply the right for compensation of damage and reduce the returned purchase price by the value of this damage. In this case, the Seller is obliged to prove the arisen damage. The Seller returns to the End-user only the purchase price reduced this way.
The purchase price that is to be returned to the Buyer, shall be further reduced by the real cost associated with returning the goods (transport and manipulation costs).
These sales conditions are valid in the wording mentioned on internet website of the Seller on the day of concluding the Contract. The order of the Buyer is after its confirmation archived as concluded Contract between the Buyer and Seller so that it can be fulfilled and recorded and its further status can be available to the Buyer. The Contract is concluded in English.
These sales conditions allow the Buyer to archive and reproduce them. At the moment when the Contract is concluded, the Buyer accepts all stipulations of Conditions of Sales in the wording being in force on the day of sending the order including the price of the goods ordered that is mentioned in the confirmed order, if it has not been agreed in the respective case otherwise in a way that can be proved.
These sales conditions come into effect on 30.5.2011
Appendix No. 1 to the Conditions of Sale
Warranty conditions for the Product
Subject to the conditions of this limited warranty, the Seller guarantees this Product to be free from defects in design, material and workmanship at the time of its original purchase by a Buyer and for a subsequent minimal warranty period under the national legislation in force.
This warranty does not cover any malfunction of the Product due to misuse, including but not limited to use outside of its normal and intended purpose, in accordance with instructions for use and maintenance of the Product. Nor does this warranty cover any malfunction of the Product due to accident, modification, adjustment, improper repair or acts of God.
This warranty does not apply to consumable components with a limited service life, such as batteries or accessories. It also does not apply to modules from other suppliers, such as SIM cards from the GSM provider.
The warranty provided does not affect the Buyer's statutory rights under the applicable national legislation in force, or the Buyer's rights against the Seller arising from their Contract.
Under no circumstances shall Seller be responsible for any loss of data or income or any special, incidental, consequential or indirect damages howsoever caused.
Some operations and features are dependent on the SIM card and/or network.
Seller provides in-warranty and out-of-warranty repair services for the Product sold. Please visit the website www.jablocom.com to find the service partner in your country. For countries where Seller has no service partner, please contact the Seller on the address firstname.lastname@example.org.
An in-warranty repair may be performed on Seller's Product only if all of the following conditions are met:
The Product repair is claimed within the warranty period under the national legislation in force.
The Product is returned with all accessories the list of which is stated in the User Guide of the Product.
The Product is not physically damaged
There is no visible damage of plastic parts, cables or accessories.
No marks of the contact with liquid are indicated.
The date of sale is proven by one of the following methods
A fully and correctly filled-in warranty certificate is delivered with the Product.
A receipt or an invoice with the IMEI stated on is delivered with the Product. The IMEI must be displayed in the same way as the rest of the document. Subsequent IMEI completing is not allowed.
A document describing the fault must be attached
A clear description of the fault in English or Czech must be delivered with the Product.
The warranty label is not broken
If any of the above mentioned conditions is not fulfilled, the repair will be considered as the out-of warranty one and will not be paid by Seller. Considering whether repairs are in-warranty or out-of-warranty shall be performed during incoming check in case of batch repairs as well. The same rules as for individual repairs apply.
In case the Buyer claims in-warranty repair but the conditions of in-warranty repair are not met, the Seller will inform the Buyer about it and offer an out-of-warranty (OOW) repair. If the OOW repair is refused, the Product will be sent to the Buyer on their cost. If the OOW repair is accepted, the standard OOW process applies.
In case the Buyer claims in-warranty repair but accessories or documents required for in-warranty repair is missing, the Seller will ask the Buyer for supplying them. If the Buyer is not able or refuses to supply them, the Seller will offer the OOW repair. If the Buyer refuses OOW repair, the Product will be sent back to the Buyer on their cost. If the OOW repair is accepted, the standard OOW process applies.
When Buyer claims an out-of-warranty repair or when standard out-of-warranty process applies, the Buyer shall cover the associated cost of transport of Product to the place of repair both ways plus the cost of repair and the cost of material used in the repair.