Term & Conditions ✈ i am pilot
of the trading company
Libor Kocourek - i am pilot
with registered office at Lindleyova 2822/10, 160 00, Praha 6 - Dejvice
identification number: 09890769
entered in the trade register kept by the Office of the City District, Trade Licensing Department 160 52 Prague 6, Československé armády 23, Czech republic.
for the sale of goods through an on-line shop located on the Internet www.i-am-pilot.com
1 Introductory provisions
1.1 These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of Libor Kocourek - i am pilot, registered office at Lindleyova 2822/10, 160 00, Praha 6 - Dejvice, identification number: 09890769, entered in the trade register kept by the Office of the City District, Trade Licensing Department 160 52 Prague 6, Československé armády 23, Czech republic hereinafter referred to as the "Seller"), in accordance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), regulate the mutual rights and obligations of based on a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The online store is operated by the Seller on a website located on the Internet address www.i-am-pilot.com and www.i-am-pilot.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
1.2 The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person who acts in ordering goods in the course of his business activity or in the course of his / her independent profession.
1.3 Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4 The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech and English.
1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2 Enrollment in the purchase contract
2.1 All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
2.2 The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
2.3 The store web interface also contains information about the costs associated with packaging and delivery. Information about the costs associated with packaging and delivery of goods listed in the web interface of the store is valid only when the goods are delivered within the selected countries listed in the web interface of the store. Outside the specified country, delivery costs may be additionally charged.
2.4 To order goods, the buyer fills in an order form in the web interface of the shop.
2.5 The order form contains information about:
2.5.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop)
2.5.2. the method of payment of the purchase price of goods, details of the required method of delivery of ordered goods and
2.5.3 information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
2.6 Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "Finish order" button. The data listed in the order they are deemed correct by the seller.
2.7 Sending an order is considered an act of the buyer that clearly identifies the ordered goods, the purchase price, the buyer, the method of payment of the purchase price and constitutes a binding draft purchase contract for the parties. For an order to be valid, all required information must be filled in the order form; the buyer confirms that he has read the terms and conditions and agrees to them on the website.
2.8 The Seller shall confirm the receipt to the Buyer immediately after receiving the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer's E-mail Address”).
2.9 Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
2.10 The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
2.11 If the seller is unable to meet any of the requirements specified in the order, the seller will send the modified offer to the buyer at the buyer's email address indicating possible order options and request the buyer's opinion.
2.12 This amended offer is considered to be a new draft purchase agreement and as such will be concluded only on the basis of an email received by the buyer.
2.13 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 distance communication in connection with the conclusion of the purchase contract (Internet connection costs, telephone call costs) shall be borne by the Buyer, which costs do not differ from the standard rate.
3 Price of goods and payment terms
3.1 The price of the goods and any costs associated with the delivery of goods according to the purchase contract can be paid by the buyer to the seller by credit card, debit card or PayPal. We will not confirm your Order until we receive a confirmation and payment confirmation.
3.2 The buyer is also obliged to inquire about possible duties related to his country. These duties are not included in the final price of the product.
3.3 The Seller does not require any advance or similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
3.4 In case of cashless payment, the purchase price is payable within 3 days from the conclusion of the purchase contract.
3.5 In the case of a cashless payment, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account.
3.6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.7 If it is usual in the business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the purchase contract. The seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of goods and sent in electronic form to the buyer's email address.
4 Withdrawal from the contract
4.1 The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract:
4.1.1 the delivery of goods which have been modified according to the buyer's wish or for his person;
4.1.2 If it is not the case referred to in Article 4.1.1. or in another case where the Purchase Agreement cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of receipt of the goods. If there are several types of goods or delivery of several parts of the contract, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence.
4.2 For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address firstname.lastname@example.org. Delivery of the notice of withdrawal from the purchase contract shall be governed by Article 11 of the Terms and Conditions.
4.3 In case of withdrawal from the purchase contract according to Article 4.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal to the Seller's address: i am pilot, Lindleyova 2822/10, 160 00, Praha 6 - Dejvice, Czech Republic. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by the normal postal route. The product must be returned clean, undamaged and unused to refund the customer.
4.4 In case of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
4.5 The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer's claim for refund of the purchase price.
4.6 In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by cashless transfer to the account specified by the Buyer.
4.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the cancellation condition that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
5 Transport and delivery of goods
5.1 If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
5.2 If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
5.3 In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods or costs related to other delivery methods.
5.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
5.5 The package returned to the warehouse as undelivered will be stored there for 6 months - after which the order will be canceled.
5.6 Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7 Rights from defective performance
7.1 The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
7.2 The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer has received the goods:
7.2.1 the goods have been agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or manufacturer or expected by the buyer performed by them;
7.2.2 the goods are fit for the purpose stated by the Seller for their use or for which goods of this kind are normally used;
7.2.3 the quality and version correspond to a specified sample or pattern, if the quality and version were specified on the basis of the specified sample or pattern;
7.2.4 the goods are in the appropriate quantity, measure or weight and comply with legal requirements.
7.3 The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, by the buyer or if it results from the nature of the goods.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. In such a case, the buyer informs the seller of such defect. If the claim is acknowledged, the Seller shall provide the Buyer with 2 options for its resolution: 1) The Seller may either return to the Buyer the purchase price paid for the product together with shipping costs 2) The Seller may send the Buyer a new product. It is the responsibility of the buyer to choose between these two options and to inform the seller of its decision.
7.5 Rights from defective performance are exercised by the Buyer at the Seller at the address of its Seller, where acceptance of the claim is possible with respect to the assortment of the goods sold, possibly also at the registered office or place of business. The complaint is considered to have been applied in the delivery of the claimed goods from the buyer to the seller.
7.6 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the Seller's Complaints Procedure.
8 Other rights and obligations of the contracting parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1) number (e) of the Civil Code.
8.3 Consumer complaints are handled by the seller via e-mail address email@example.com. The Seller shall send information on the settlement of the Buyer's complaint to the Buyer's email address.
8.4 The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9 Protection of personal data
9.1 The protection of personal data of the buyer who is a natural person is governed by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2 The Buyer agrees that the following personal data are processed and used: name and surname, permanent address, company identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "Personal Data").
9.3 The Buyer agrees and is aware that the Seller will process personal data for the purpose of exercising the rights and obligations under the Purchase Agreement and for the purpose of managing the user account. Unless the Buyer chooses otherwise, the Buyer agrees that the Seller will process personal data for the purpose of sending information and commercial communications to the Buyer. Within the scope of this Article, consent to the processing of personal data shall not constitute a requirement which could itself prevent the conclusion of a purchase contract.
9.4 The Buyer is aware of the obligation to provide personal data (during registration, for the User Account and when placing orders via the e-shop web interface) and to provide correct and accurate personal data and to inform the Seller of any changes to personal data without undue delay.
9.5 The Seller may authorize a third party to process the Buyer's personal data. With the exception of persons transporting goods, the seller may not disclose any personal data to third parties without the buyer's prior consent.
9.6 Personal data are processed indefinitely. Personal data are processed electronically using an automated process or manually in paper form.
9.7 The Buyer confirms that the personal information provided is accurate and that the Buyer is aware that the information was provided voluntarily.
9.8 If the buyer considers that the seller or the person processing the data (according to Article 9.2) is processing personal data in violation of the rules describing the protection of the private and personal life of the buyer or illegal, or if the personal data provided are inaccurate processing, the buyer is entitled to:
9.8.1. to require the seller or the person processing the data to provide explanations;
9.8.2. to ask the seller or the person processing the data to remedy the situation.
9.9. If the buyer asks for information about the processing of personal data, the seller is obliged to provide the buyer with this information. The Seller is entitled to demand reasonable compensation for the information provided under the previous sentence. However, such compensation shall not exceed the costs necessary to provide the relevant information.
9.10. Upon request, the controller is obliged to remove the collected personal data about the person requesting their removal. This does not apply if the administrator is legally obliged to store this data.
10 Distributing commercial messages and storing cookies
10.1 Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications by the Seller at an electronic address or the buyer's phone number.
10.2 The buyer agrees to the storing of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may at any time withdraw the consent under the previous sentence.
12.1 It may be delivered to the Buyer at the Buyer's email address.
11 Final Provisions
11.1 If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by provisions of the law which cannot be contractually derogated from and which would otherwise apply under the provisions of Article 6 (1) of the (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.2 If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
11.3 The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4 A standard form for withdrawal from the purchase contract is attached to the Terms and Conditions.
11.5 Seller's contact details: address for delivery Lindleyova 2822/10, 160 00, Praha 6 - Dejvice, email address firstname.lastname@example.org
Praha, 3. 2. 2021