Terms and conditions

I. General provisions

These general terms and conditions (hereinafter referred to as “terms and conditions”) are issued pursuant to Sec. 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)

ARMODD GmbH
Company Reg. No.: HRB 785744

with its registered office at: Königstraße 80, 70173 Stuttgart, Germany

Contact details:

E-mail: info@armodd.com

Place of business:

ARMODD GmbH, Königstraße 80, 70173 Stuttgart, Germany
www.armodd.com
(hereinafter referred to as the “Seller”)

1. These terms and conditions regulate the mutual rights and obligations of the Seller and a natural person who enters into a purchase contract outside of their business activity as a consumer, or within the framework of their business activity – ; when specifying the ID number, (hereinafter referred to as the “Buyer”) through the web interface located on the website at the internet address www.armodd.com (hereinafter referred to as the “e-shop”).
2. The provisions of terms and conditions are an integral part of the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of these terms and conditions.
3. These terms and conditions and the purchase contract are entered into in English.

 

II. Information about goods and prices

1. Information about the goods, including the prices of the individual goods and their main features, are listed for the individual goods in the e-shop catalogue. The prices of the goods are listed including the value added tax, all related fees and costs for returning the goods if the goods by their nature cannot be returned by the usual postal route. Product prices remain valid for the time they are displayed in the e-shop. This provision does not exclude the negotiation of a purchase contract under individually agreed conditions.
2. All presentation of goods placed in the catalogue of the e-shop is of an informative nature and the Seller is not required to enter into a purchase contract regarding these goods.
3. Information about the costs associated with packaging and delivery of goods is published in the e-shop.
4. Any discounts from the purchase price of the goods cannot be combined with each other, unless the Seller and the Buyer agree otherwise.

 

III. Order and entering into a purchase contract

1. Costs incurred by the Buyer when using remote means of communication in connection with entering into the purchase contract (costs of internet connection, costs of telephone calls) are paid by the Buyer themselves. These costs do not differ from the base rate.
2. The Buyer orders goods in the following ways:
   • through their customer account if they have previously registered in the e-shop,
   • by filling out the order form without registration.   
3. When placing an order, the Buyer selects the goods, the number of individual goods, the method of payment and delivery.
4. Before sending the order, the Buyer is allowed to check and change the data he/she entered in the order. The Buyer sends the order to the Seller by clicking on the button Complete order. The data included in the order are considered correct by the Seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation by the Buyer that they have familiarised themselves with these terms and conditions.
5. Immediately after receiving the order, the Seller will send the Buyer a confirmation of receipt of the order to the e-mail address that the Buyer entered when placing the order. This confirmation is automatic and does not constitute entering into a contract. The Seller’s current terms and conditions are attached to the confirmation. The purchase contract is entered into only after the order has been accepted by the Seller. Notification of order acceptance is delivered to the Buyer’s email address. / Immediately after receiving the order, the Seller sends the Buyer a confirmation of receipt of the order to the email address that the Buyer specified when placing the order. This confirmation is considered entering into the contract. The Seller’s current terms and conditions are attached to the confirmation. The purchase contract is entered into by confirmation of the order by the Seller delivered to the Buyer’s email address.
6. If the Seller cannot fulfil any of the requirements stated in the order, they will send the Buyer an amended offer to their email address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is entered into in this case by the Buyer’s confirmation of acceptance of this offer to the Seller at the email address specified in these terms and conditions.
7. All orders accepted by the Seller are binding. The Buyer can cancel the order until the Buyer receives a notice of acceptance of the order by the Seller. The Buyer can cancel the order by calling the Seller’s phone number or writing to the email listed in these terms and conditions.
8. In the event that there has been an obvious technical error on the part of the Seller when providing the price of the goods in the e-shop, or during the ordering process, the Seller is not required to deliver the goods to the Buyer at this obviously incorrect price, even if the Buyer was sent an automatic confirmation of receipt of the order according to these terms and conditions. The Seller informs the Buyer of the error without undue delay and sends the Buyer an amended offer to their e-mail address. The amended offer is considered a new draft of the purchase contract, and the purchase contract is entered into in this a case by confirmation of acceptance by the Buyer delivered to the Seller’s email address.

 

IV. Customer account

1. Through the Buyer’s registration in the e-shop, the Buyer can access their customer account. The Buyer can order goods from their customer account. The Buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the Buyer is required to enter all data correctly and truthfully. The Buyer is required to update the data given in the user account in the event of any change. The data provided by the Buyer in the customer account and when ordering goods are considered correct by the Seller.
3. Access to the customer account is secured with a username and a password. The Buyer is required to maintain confidentiality regarding the information necessary to access their customer account. The Seller is not liable for any misuse of the customer account by third parties.
4. The Buyer is not authorised to allow third parties to use the customer account.
5. The Seller can cancel a user account, especially if the Buyer no longer uses their user account, or if the Buyer violates their obligations under the purchase contract and these terms and conditions.
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 necessary maintenance of hardware and software equipment of third parties.

 

V. Terms of payment and delivery of goods

1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the Buyer in the following ways:
   • cashless by transfer to the Seller’s bank account IBAN: CZ5920100000002401022082
   • cashless by payment card
   • cashless by transfer to the Seller’s account via the GoPay payment gateway,
   • cash on delivery or by payment card when accepting the goods.
2. Together with the purchase price, the Buyer is required to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days from entering into the purchase contract.
4. In the case of payment via a payment gateway, the Buyer follows the instructions of the relevant electronic payment provider.
5. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the appropriate amount is credited to the Seller’s bank account.
6. The Seller does not require any advance payment or other similar payment from the Buyer. Payment of the purchase price before the goods are shipped is not an advanced payment.
7. According to the Sales Registration Act, the Seller is required to issue a receipt to the Buyer. At the same time, they are required to register the received payment with the tax administrator online, in the case of a technical failure within 48 hours at the latest
8. The goods are delivered to the Buyer:
   • to the address specified by the Buyer in the order
   • through the delivery pick-up site to the delivery pick-up address specified by the Buyer
   • through personal collection at the Seller’s premises
9. The choice of delivery method is made when ordering the goods.
10. Costs for the delivery of the goods, depending on the method of sending and receiving the goods, are stated in the Buyer’s order and in the Seller’s order confirmation. If the mode of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
11. If, according to the purchase contract, the Seller is required to deliver the goods to the place specified by the Buyer in the order, the Buyer is required to accept the goods upon delivery. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the Buyer is required to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
12. When accepting the goods from the carrier, the Buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, notify the carrier immediately. If the package is found to be damaged, indicating tampering with the consignment, the Buyer does not have to accept the consignment from the carrier.
13. The Seller issues a tax document - an invoice - to the Buyer. The tax receipt is sent to the Buyer’s email address
14. The Buyer acquires title to the goods by paying the entire purchase price for the goods, including delivery costs, but not sooner than when accepting the goods. Liability for accidental destruction, damage or loss of the goods passes to the Buyer at the time of accepting the goods or at the time when the Buyer had the obligation to accept the goods, but did not do so in violation of the purchase contract.
15. For goods purchased from the Seller and falling within the scope of the Waste Act No. 185/2001 Coll. as amended, we provide free collection of these products (e.g. electrical equipment, batteries, accumulators, etc.) and packaging at the Seller’s premises.

 

VI. Withdrawal from the contract

1. A Buyer who entered into a purchase contract outside of their business activity as a consumer has the right to withdraw from the purchase contract.
2. The period for withdrawing from the contract is 14 days
   • from the day of receipt of the goods,
   • from the day of acceptance of the last delivery of goods, if the subject of the contract is several types of goods or delivery of several parts
   • from the day of acceptance of the first delivery of goods, if the subject of the contract is regular repeated delivery of goods.
3. The Buyer cannot withdraw from the contract:
   • for the provision of services, if they were fulfilled with their prior express consent before the expiration of the period for the withdrawal from the contract and the Seller informed the Buyer before entering into the contract that in such a case they do not have the right to withdraw from the contract,
   • on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the Seller and which may occur during the withdrawal period,
   • on the delivery of alcoholic beverages, which can only be delivered after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the Seller,
   • on the delivery of goods that have been modified according to the wishes of the Buyer or for his/her person,
   • on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
   • on the delivery of goods in closed packaging, which the Buyer has removed from the packaging and for hygienic reasons it is not possible to return them,
   • on the delivery of an audio or video recording or a computer programme, if they have violated their original packaging,
   • on the delivery of newspapers, periodicals or magazines,
   • on the delivery of digital content, if it has not been delivered on a physical medium and has been delivered with the prior express consent of the Buyer before the expiration of the withdrawal period and the Seller informed the Buyer before entering into the contract that in such a case they do not have the right to withdraw from the contract,
   • in other cases specified in Sec. 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the Buyer must send a withdrawal statement within the withdrawal period.
5. To withdraw from the purchase contract, the Buyer can use the template withdrawal form provided by the Seller. The Buyer will send the withdrawal from the purchase contract to the Seller’s email or delivery address specified in these terms and conditions. The Seller will immediately confirm receipt of the form to the Buyer.
6. The Buyer who withdraws from the contract is required to return the goods to the Seller within 14 days of withdrawing from the contract. The Buyer bears the costs associated with returning the goods to the Seller, even if the goods cannot be returned by the usual postal route due to their nature.
7. If the Buyer withdraws from the contract, the Seller will return to them immediately, but no later than 14 days after withdrawing from the contract, all funds, including delivery costs, that they received from the Buyer, in the same way as they received it. The Seller will return the received funds to the Buyer in another way only if the Buyer agrees and if this does not incur additional costs.
8. 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.
9. If the Buyer withdraws from the purchase contract, the Seller is not required to return the received funds to the Buyer before the Buyer hands over the goods to them or proves that they have sent the goods to the Seller.
10. It is recommended to return the goods to the Seller undamaged, unworn and clean and, if possible, in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the Buyer’s claim for a refund of the purchase price.
11. The Seller is entitled to withdraw from the purchase contract due to the stock being sold out, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods have stopped the production or import of the goods. The Seller immediately informs the Buyer via the e-mail address specified in the order and returns within 14 days from the notification of withdrawal from the purchase contract all funds, including delivery costs, which they received from the Buyer on the basis of the contract, in the same way as they received it or in a way specified by the Buyer.

 

VII. Rights from defective performance

1. The Seller is responsible to the Buyer for the fact that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer accepted the goods:
   • the goods have the properties agreed upon by the parties and, in the absence of such an agreement, they have the properties described by the Seller or the manufacturer or properties which the Buyer expected with regard to the nature of the goods and based on their advertising,
   • the goods are suitable for the purpose that the Seller states 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,
   • the goods have the corresponding quantity, measure or weight and
   • the goods comply with the requirements of legal regulations.
2. If a defect becomes apparent within 6 months of the receipt of the item by the Buyer, it is assumed that the item was already defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that arises in the consumer goods within twenty-four months after receipt. This provision does not apply to goods sold at a lower price because of a defect for which a lower price was agreed upon, to wear and tear of the goods caused by its usual use, to used goods for a defect corresponding to the degree of use or wear and tear the goods had when they were accepted by the Buyer, or if this arises from the nature of the goods.
3. In the event of a defect, the Buyer can file a complaint to the Seller and demand:
   • exchange for new goods,
   • repair of the goods,
   • reasonable discount from the purchase price,
   • withdrawing from the contract.
4. The Buyer has the right to withdraw from the contract
   • if the goods have a substantial defect,
   • if they cannot use the item properly due to the repeated occurrence of a defect or defects after repair,
   • in the event of a greater number of defects on the item.
5. The Seller is required to accept the complaint in any of their premises where the lodging of the complaint is possible, possibly also at the registered office or place of business. The Seller is required to issue a written confirmation to the Buyer of when the Buyer exercised the right, what the content of the complaint is and what method of handling the complaint the Buyer requests, as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification of a rejection of the complaint.
6. The Seller or an employee authorised by them will decide on the complaint immediately, or within three working days in complex cases. This period does not include the time appropriate for the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be handled without undue delay, but no later than 30 days from the date of making the complaint, unless the Seller and the Buyer agree on a longer period. The futile expiration of this period is considered to be a material breach of the contract and the Buyer has the right to withdraw from the purchase contract. The moment of lodging the complaint is considered to be the moment when the Buyer’s will is manifested (exercise of the right from defective performance) to the Seller.
7. The Seller informs the Buyer in writing about the result of the complaint.
8. The right from defective performance does not belong to the Buyer if the Buyer knew before accepting the item that the item had a defect, or if the Buyer caused the defect themselves.
9. In the event of a justified complaint, the Buyer has the right to compensation for the purposefully incurred costs incurred in connection with making the complaint. The Buyer can exercise this right with the Seller within one month after the expiry of the warranty period.
10. The choice of complaint method is up to the Buyer.
11. The rights and obligations of the contracting parties regarding the rights from defective performance are governed by Sec. 1914 to 1925, Sec. 2099 to 2117 and Sec. 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
12. Further rights and obligations of the parties related to the Seller’s liability for defects are governed by the Seller’s Complaint Procedure.

 

VIII. Delivery

1. The contracting parties may deliver all written correspondence to each other via electronic mail.
2. The Buyer delivers correspondence to the Seller’s email address specified in these terms and conditions. The Seller delivers correspondence to the Buyer’s email address specified in their customer account or in the order.

 

IX. Out-of-court settlement of disputes

1. The Czech Trade Inspection is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Company Reg. No. 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase contract.
2. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation of the European Parliament and Council (EU) No. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and on amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (regulation on the resolution of online consumer disputes).
3. The Seller is authorised to sell goods on the basis of a trade licence. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection, to a stipulated extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection.

 

X. Final provisions

1. All agreements between the Seller and the Buyer are governed by the law of Germany. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of Germany. This does not affect consumer rights resulting from generally binding legal regulations.
2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Sec. 1826 para. 1 let. (e) of the Civil Code.
3. All rights to the Seller’s website, in particular copyright to the content, including page layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the website or part of it without the consent of the Seller.
4. The Seller is not responsible for errors arising from interventions by third parties in the e-shop or from its use contrary to its purpose. When using the e-shop, the Buyer must not use procedures that could have a negative effect on its operation and must not perform any activity that could allow them or third parties to interfere or use the software or other components that make up the e-shop and use the e-shop or its parts or software equipment without authorisation in such a way that would be contrary to its purpose.
5. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Sec. 1765 para. 2 of the Civil Code.
6. The purchase contract, including the terms and conditions, is archived by the Seller in electronic form and is not accessible.
7. The wording of the terms and conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of efficacy of the previous version of the terms and conditions.
8. A template form for withdrawing from the contract is attached to the terms and conditions.

Information about EET

According to the Sales Registration Act, the Seller is required to issue a receipt to the Buyer. At the same time, they are required to register the received payment with the tax administrator online; in the case of a technical failure within 48 hours at the latest.

These terms and conditions enter into effect on 28/7/2022

Appendices

Complaint form

Form for the withdrawal from the purchase contract

Form for the exchange of goods

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