TERMS AND CONDITIONS

Company: Red Bird s.r.o.
Registered office: Rybníky 76, 672 01
Identification number: 17070660
entered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 128455

INTRODUCTION

1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of Red Bird s.r.o., with its registered office at Rybníky 76, 672 01, identification number: 170 70 660, entered in the Commercial Register kept at the Regional Court in Brno, Section C, Insert 128455 (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another person (hereinafter referred to as the “buyer”).
2. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
3. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in Czech and English. The purchase contract can be concluded in Czech and English.
4. The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

ORDER OF GOODS

1. The goods can be ordered on the basis of a personal or telephone agreement between the buyer and the seller. Based on this agreement, the seller will send the buyer an Order Letter, which will state the facts agreed by both parties. The order becomes binding after mutual confirmation of the Order Form and after payment of a 50% deposit of the product price.
2. The goods can also be ordered using the inquiry form on the website www.redbirdinstruments.cz , operated by Red Bird s.r.o. After the buyer sends the completed inquiry form, the seller will send him the completed Order Form to the specified contact address as required. The order becomes binding after mutual confirmation of the Order Form and after payment of a 50% deposit of the product price.
3. The order form shall contain:
a. specification of the ordered product
b. details of buyers and sellers
c. method of payment and price of the ordered product
d. the method and price of delivery of the ordered product
e. delivery time
4. When ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the stated data in the event of any change during the production of the goods. The data provided by the buyer when ordering goods are considered correct by the seller and the seller is not responsible for their accuracy.
5. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods.
6. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the 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 enter into a purchase agreement under individually agreed conditions.
7. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

PRICE OF GOODS AND PAYMENT TERMS

1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
a. in cash
b. cashless transfer to the seller’s account No. 2102187856/2010, IBAN: CZ4420100000002102187856, BIC: FIOBCZPPXXX, kept at Fio Banka, a.s. (hereinafter referred to as the “seller’s account”)
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3. To conclude a binding order, the buyer is obliged to pay the seller an advance payment of 50% of the total purchase price of the goods. The seller is obliged to issue a tax document to the buyer for the received advance payment.
4. The advance invoice is due five days after the invoice is issued.
5. After making the product, the seller is obliged to issue an invoice to the buyer for the remaining part of the total price. This invoice is due five days after issue.
6. Delivery of the finished product will take place after payment of the total purchase price, or concurrently with payment, if the buyer pays in cash.
7. Red Bird s.r.o. is not a VAT payer.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

1. The buyer acknowledges that the deposit of 50% of the total purchase price of the goods is non-refundable.
2. The buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen days of receipt of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller’s business premises or to the seller’s e-mail address.
3. Goods made to order (adjusted according to the consumer’s wishes) cannot be returned without giving a reason. Goods made to order (goods adjusted to the buyer’s wishes) cannot be returned within 14 days only if, after the agreement of both parties, the seller did not start working on the implementation of the order. If the goods are
received to order, the goods cannot be returned without giving a reason. The buyer can only complain about such goods if they do not meet the agreed parameters or if they show other defects.
4. In the case of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. 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 or proves that he sent the goods to the seller.
5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer’s claim for a refund of the purchase price.
6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.

DELIVERY OF GOODS

1. The standard delivery time is 3 months from the confirmation of the Order Form and from the payment of the Advance Invoice. Delivery time can be adjusted by mutual agreement of both parties.
2. If the mode of transport is contracted 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.
3. If the seller is obliged under the purchase contract 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.
4. In the case that it is necessary to deliver the goods repeatedly for reasons on the part of the buyer or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with another method of delivery.
5. 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier. This does not affect the buyer’s rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
6. In the case of personal acceptance of the goods, the buyer is obliged to check the correctness of the goods and immediately report any defects or irregularities to the seller.
7. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.

RIGHTS FROM DEFECTIVE PERFORMANCE

1. 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:
a. the goods have the properties agreed upon by the parties on the basis of the Order Form
b. the goods are fit for the purpose stated by the seller for their use
c. the goods correspond in quality or design to the agreed
d. the goods comply with the requirements of legal regulations
2. If the defect becomes apparent within six months of receipt, it is considered that the goods were defective at the time of receipt and the buyer is entitled to free service, which the Seller will perform in agreement with the buyer.
3. The warranty period is 24 months. The warranty does not cover wear and tear caused by its normal use. For items sold at a lower price, the warranty does not cover defects for which a lower price has been agreed. In the case of used items, the seller is not liable for defects corresponding to the degree of use or wear and tear that the item had when taken over by the buyer. To apply for a warranty repair, it is necessary to submit an acquisition document (eg order form, invoice). If the goods are sent to the seller, it is necessary to pack the goods for transport in such a way that they are not damaged during transport.
4. If the goods do not have the properties agreed on the basis of the Order Certificate, the buyer may also request delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.

OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
3. Complaints and inquiries are handled by the seller via e-mail. The seller will send information about the settlement of the buyer’s complaint to the buyer’s e-mail address.
4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr
can be used to resolve disputes between the seller and the buyer under the purchase agreement.
5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of on 21 May 2013 on online dispute resolution and amending
Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
6. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
7. The buyer hereby assumes the risk of a change of circumstances in the sense of §1765 paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation, hereinafter referred to as the GDPR).

FINAL PROVISIONS

1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded by the provisions of the law which cannot be derogated from by contract and which would otherwise apply in the absence of a choice of law under Article 6 (1) of Regulation Regulation (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).
2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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.
3. The purchase contract (Order form, invoice), including business conditions, is archived by the seller in printed and electronic form and is not freely accessible.
4. Contact details of the seller: delivery address: Red Bird s.r.o., Rybníky 76, 672 01, email address: redbirdinstruments@email.cz, telephone: +420 721 481 350

By concluding the purchase contract you agree to these terms and conditions.

We hope that you will be satisfied with our instruments and have a lot of nice moments with them!