Prava & Uslovi
I. Osnovne odrebde
The prateći osnovne odrebde (uslove poslovanja za preduzetnike) regulisati odnose stranaka u kupovini / ugovor o licenci sklopljen između GENEVO s.r.o.., Co. Reg. No. 05926327, VAT Reg. No. CZ05926327, sa sedištem u Radčini 497/22, CZ-161 00 Praha 6, upisano u privredni registar pri Opštinskom sudu u Pragu, Dosije 273136 C kao prodavac na jednom delu (Genevo) i kupca sa druge strane (kupac).
Kupac je potrošač ili preduzetnik.
???????? je privatno lice koje deluje u privatnom svojstvu, zaključivanje sporazuma ili rješavanje na neki drugi način sa GENEVO s.r.o. (Genevo).
Preduzetnik je pojedinac koji ima dozvolu za angažovanje u poslu za svoj račun i odgovornost sa namerom da se stvara profit kontinuirana osnova. U svrhu zaštite potrošača preduzetnik je (uključujuc?i, ali ne ograničavajuc?i se na) pojedinca koji sklapa ugovore / sporazume koji se odnose na posao, proizvodnju ili slično preduzetnika aktivnosti ili zaposlenja; ili pojedinac koji deluje u ime ili za račun dotičnog preduzetnika. U svrhu ove odredbe, preduzetnik je pojedinac koji deluje u skladu sa prethodnom rečenicom kao deo nečijeg sopstvenog biznisa. Popunjavanjem registracioni broja u nalogu, kupci su saglasni da su upoznati sa pravilima predviđenim u Uslovima poslovanja za preduzetnike.
Narudžbenicom kupac potvrđuje da je upoznat sa Opštim uslovima poslovanja pre potpisivanja sporazuma, odnosno sa izjavama i garancijama datim u delu II ovog člana, kao i sa zahtevima Informacija o kodu i isporuci koje čine njegov sastavni deo i izričito se slaže sa istim u tekstu koji je važec?i i na snazi je u trenutku podnošenja naloga.
kupac je upoznat da nema pravo da koristi registrovani žig, trgovačka imena, logotip kompanije, itd. Genevo-a ili Genevo-ovog ugovora na osnovu toga što su kupili proizvode koje nudi Genevo, osim ako nije dogovoreno drugačije prema posebnom sporazumu u vezi sa pojedinačnim slučajevima.
Kada prihvatanjem robe i / ili usluga, kupcu se izdaje račun uključujuc?i osnovne detalje sporazuma.
II. Predugovorne izjave i garancije
-Genevo zastupa i garantuje da:
Troškovi komunikacije na daljinu nisu podložni dodatnim naknadama (Genevo troškovi) bez dodatnih naknada na iznos koji naplac?uje internet kupca / provajder telefona; za razliku od ugovornih isporuka).
Kupac je dužan da plati otkupnu cenu pre nego što prihvati robu od Genevo ili izvrši avansno ili slično plac?anje za određene usluge.
Genevo ne sklapa ugovore koji su u toku. Ako Genevo takve ugovore olakša, kupac dobija informacije o najkrac?em obaveznom roku. Ugovor od dotičnog dobavljača, zajedno sa cenom naplac?uje se u jednom obračunskom periodu (pri čemu tokom jednog meseca cena konstantna).
Ako nije drugačije određeno, naknada za licencu koja je utvrđena licencnim ugovorom na neodređeno vreme dogovoreno je tokom celog trajanja licence.
Cene za robu i usluge prikazane na veb lokaciji kojom upravlja Genevo su citirano uklj. i isključiti PDV, sa svim zakonom propisanim naknadama (ako ih ima). Troškovi isporuke, međutim, razlikuju se u odnosu na izabrani način otpreme, prevoznika i načinom plac?anja.
Kupci-potrošači imaju pravo da se povuku iz sporazuma (ukoliko nije drugačije određeno niže) u roku od 14 dana od datuma sklapanja ugovora:
- i. prijem robe (kupoprodajni ugovori);
- ii. primanje poslednje isporuke (ugovori o kupovini više vrsta robe / isporuka više delova); ili
- iii. primanje prve isporuke (tekuc?i ugovori);
to uradite u pisanom obliku ili slanjem obaveštenja o povlačenju u centralnu kancelariju u Genevo ili popunjavanjem dostupnog na Genevo web sajtu.
Potrošač ne može odustati od ugovora za:
- i. pružanje usluga koje je Genevo izvršio uz prethodnu izričitu saglasnost potrošača pre isteka otkaznog roka;
- ii. isporuka roba / usluga ponuđenih po ceni na koju utiču odstupanja na finansijskom tržištu van kontrole Genevo-a sa moguc?nošc?u da se jave u otkaznom roku;
- iii. isporuka robe prilagođena potrebama / potrebama potrošača;
- iv. isporuka robe široke potrošnje / robe koja se nepovratno meša sa drugom robom nakon isporuke;
- v. popravak ili održavanje na mestu koje je potrošač odredio na zahtev potrošača (osim za tražene popravke / isporuke drugih osim traženih rezervnih delova);
- vi. isporuka robe u zatvorenoj ambalaži koju je potrošač uklonio pri čemu se takva roba iz sanitarnih razloga ne može vratiti;
Troškove nastale u vezi s vrac?anjem robe (povučeni sporazumi) / troškove vrac?anja robe osim uobičajenom poštom ako priroda takve robe to onemoguc?ava (povučeni sporazumi pregovarani izvan poslovnih prostorija) snosi potrošač.
Od potrošača se traži da plati proporcionalnu cenu za usluge koji je vec? počeo da se obezbeđuje povučenim sporazumom.
Ugovori (odgovarajuc?i računi) se čuvaju u elektronskoj formi/arhivi kojoj pristupaju registrovani Genevo korisnici direktno od svog korisničkog računa.
Bilo koja žalba se može podneti popunjavanjem obrasca ili prijavljivanjem nadzornim / državnim organima..
Kupac je upoznat da je roba koju nudi Genevo namenjena prodaji prvenstveno u Češkoj.
Kupac je upoznat da u slučaju reklamacije/garancije, kupac robu treba da isporuči u Češku.
Kupac sklapa ugovor prihvatanjem ponude za zaključivanje sporazuma kakav je prikazan na web lokaciji kojom upravlja Genevo i posebno dodavanjem traženog proizvoda (roba, usluge, digitalni sadržaj) u korpu ili upotrebu usluga "Kupi odmah" (samo registrovani korisnici). Kupac takođe može sklopiti sporazum uz asistenciju Službe za korisnike Genevo predstavnika, bilo telefonom ili e-poštom. Kupac može da promeni proizvode dodane u korpu, kao i odabrani način slanja i plac?anja, tj. proveriti detalje naloga pre nego što potvrdi narudžbu. Kupoprodajni ugovor se sklapa onog trenutka kada kupac izabere način slanja i plac?anja i potvrđuje narudžbu. Narudžbu prima Genevo pri čemu Genevo ne preuzima nikakvu odgovornost za bilo kakve greške tokom narudžbe. Kupac bude obavešten o izvršenoj kupoprodaji i ugovoru putem e-maila koju je prethodno dao.
The executed agreement is archived by the seller for at least five years from the execution day, however, not longer than for the period stipulated by relevant law. Archived for the performance purposes, the agreement is not additionally available to other than involved third parties. Information about the individual technical steps to be taken in order to enter into an agreement is implied by and the process of entering into an agreement is comprehensibly described in these General Business Terms and Conditions.
Under the purchase agreement, Genevo undertakes to deliver the product to the purchaser, provide the digital content/licence to the purchaser and enable the purchaser to acquire the title/licence to the product/digital content purchased under the purchase agreement; the purchaser undertakes to receive the product/digital content from and pay the purchase price to Genevo.
As Genevo reserves the right of ownership to the product, the purchaser acquires the title to the product only after the purchase price has been paid in full. The same applies with necessary modifications also to the purchased licences or services.
Genevo delivers the product to the purchaser along with relevant documents pertaining thereto and enables the purchaser to acquire the title to the product/licence in compliance with the agreement.
Genevo meets its obligation to deliver the product to the purchaser by enabling the purchaser to view and try the product at the place of performance and informing the purchaser thereabout in due course.
Products to be shipped by Genevo are delivered to the purchaser (entrepreneur) by submitting the product to the first shipping company and enabling the purchaser to claim the rights implied by the shipping agreement with the shipping company. Products designated for purchasers-consumers are delivered by Genevo to the purchasers-consumers only after Genevo receives the product in question from the shipping company.
If more items are delivered in excess of the amount agreed, the purchase agreement is deemed entered into for the number of items delivered; unless the purchaser rejects such items without undue delay.
Genevo delivers the purchased product to the purchaser in the agreed amount, quality and design.
If not agreed otherwise, the product is packed by Genevo by convention; if no convention exists, the product in question is packed as to provide for its protection and preservation. The same applies also to goods to be shipped.
3. Risk of Damage
The product is defective if lacking the agreed characteristics. The product is deemed defective also in cases where the purchaser is delivered other than the ordered product or where the documents necessary for the use of the product in question contain defects.
The purchaser can claim improper performance with reference to the defect inherent to the product at the moment the risk of damage passes to the purchaser although the defect in question becomes evident only later. The purchaser can claim the rights also with reference to a defect that has become evident later as result of a breach of Genevo´s obligation.
The purchaser is to examine the product, its characteristics and quantity as soon as feasible after the risk of damage to the product passes to the purchaser.
The risk of damage passes to the purchaser upon accepting the product in question; the same applies also to cases where the purchaser rejects to accept the goods although having been enabled by Genevo to view and try the product.
Damage to the product occurring after the risk of damage has passed to the purchaser does not affect the purchaser´s obligation to pay the purchase price unless the damage occurred as result of a breach of Genevo´s obligation.
If one party is delayed in accepting the product, the other party is entitled to reasonably sell the product at the expense of the delayed party and do so following a prior notice and providing the delayed party with an additional reasonable period to accept the product. The same applies also to delays on payment where the product cannot be accepted unless the purchase price is paid.
4. Liability (Genevo)
Genevo is liable to the purchaser that the product is free from defects upon receipt. In particular, Genevo is liable to the purchaser that, at the moment the product is received by the purchaser:
The product has the characteristics agreed by the parties or (if no agreement is reached) the characteristics described by Genevo or the manufacturer or expected by the purchaser with reference to the nature of the goods and related advertisement.
The product can be used for the purposes stated by Genevo or for the purposes for which the product of that kind is usually used.
The product is provided in the corresponding quantity, measurement or weight.
The product complies with the requirements stipulated by law.
If the product becomes defective within six months after receipt, the product is deemed being defective already upon receipt.
Unless stipulated otherwise, the purchaser is entitled to claim defective consumer goods within 24 month after receipt. This does not apply to:
- discount-related defects;
- usual wear and tear;
- defects caused by ordinary use or wear and tear and evident at the moment of receipt by the purchaser; or cases implied by the nature of the case.
The individual periods are stipulated in more detail in the Claims Code.
Purchasers-entrepreneurs may be subject to a different and prevailing period for claiming improper performance, however, only if such different period is explicitly stated on the goods in question. Such goods are then labelled as follows:
Improper performance cannot be claimed if the purchaser was aware about the defect before accepting the product or if the defect in question was caused by the purchaser.
In the event of a defect to be addressed by Genevo and occurring on a discounted/used product, the purchaser is entitled to a reasonable discount rather than to replacement.
5. Material Breach
If improper performance constitutes a material breach of the agreement, the purchaser is entitled to:
have the defect removed by way of being delivered a new defect-free product or the missing part if such is not unreasonable with respect to the nature of the defect in question; in case of a component part affected by the defect, the purchaser can only claim that the component part in question be replaced; if such is not feasible, the purchaser may withdraw from the agreement; if, however, the above is not reasonable with respect to the nature of the defect in question, especially if the defect can be removed without undue delay, the purchaser is entitled to have the defect removed for free;
have the defect removed by way of repair;
be given a reasonable discount on the purchase price; or
withdraw from the agreement.
When claiming the defect in question, the purchaser informs Genevo as to which of the aforementioned options the purchaser has selected and does so either immediately or without undue delay thereafter whereby the selected option can be then changed only if so approved by Genevo; with the exception of a defect requested by the purchaser to be repaired and subsequently being identified as irreparable. If the defects are not removed by Genevo within a reasonable period or if the purchaser is informed by Genevo that the defects in question will not be removed, the purchaser may claim a reasonable discount on the purchase price instead of withdrawing from the agreement or withdraw from the agreement.
If the purchaser fails to select one of the options mentioned above, the rights implied by immaterial breach apply see below.
In addition to cases where Genevo cannot deliver a new defect-free product, replace the component part or repair the product, purchasers-consumers are entitled to a reasonable discount also in cases where Genevo fails to remedy the situation within a reasonable period or where the remedy would cause significant inconvenience to the purchaser.
6. Immaterial Breach
If improper performance constitutes other than material breach, the purchaser is entitled to have the defect removed or to be given a reasonable discount on the purchase price.
Unless the purchaser claims the discount on the purchase price or withdraws from the agreement, Genevo may deliver the missing parts or remove the legal defect. Other defects can be removed at Genevo´s discretion either by way of repair or delivery of a new product.
If Genevo fails to remove the defect in due course or refuses to remove the defect, the purchaser may claim a reasonable discount on the purchase price or withdraw from the agreement whereby the selected option can then be changed only if so approved by Genevo.
7. General Breach
The purchaser may claim to have the defect removed by way of being delivered a new thing or a replaced component part also in cases where the defect can be removed but the product cannot be used because of a repeated occurrence of the defect after repair or a larger number of defects. In such cases, the purchaser is entitled to withdraw from the agreement.
If being delivered a new product, the purchaser returns the original product back to Genevo (along with all accessories delivered together with the product itself) and does so at Genevo´s cost.
Purchasers failing to report the defect without undue delay after the defect could have been ascertained by the purchaser had the product been examined in due course and with sufficient care will not be adjudicated by court the rights under improper performance. The same applies also to a hidden defect not reported without undue delay after the defect could have been ascertained by the purchaser had the product been examined with sufficient care, however, not later than within two years after the product has been delivered to the purchaser.
In providing the quality guarantee, Genevo undertakes that the product in question will be fit for the ordinary purpose or will preserve the ordinary characteristics. The same applies also to the guarantee period or best before date indicated on the packaging or advertised. The guarantee may as well be arranged with reference to individual component parts of a product.
The guarantee period commences on the day the product is delivered to the purchaser. If the product is to be shipped to the purchaser as agreed in the agreement, the guarantee period commences only on the day the product is shipped to the designated place. If the purchased product is to be put into operation by a party other than Genevo, the guarantee period commences only on the day the product is put into operation, provided that the respective service of putting the product into operation is ordered by the purchaser no later than within three weeks after the product is received and that necessary assistance and co-operation of the purchaser to render this service are provided.
The purchaser is not entitled to claim guarantee with reference to a defect caused by outer circumstances after the risk of damage has passed to the purchaser.
9. Digital Content
In using the digital content purchased from Genevo, the purchaser is to comply with the obligations stipulated herein and copyright law. Purchasers failing to comply with those obligations are liable to damages and may face criminal consequences.
Purchasers of the digital content (being private individuals only) are entitled to use the digital content exclusively for their personal use and for the purposes other than economic or business benefit, whether direct or indirect. The purchasers are further not entitled to copy or otherwise reproduce, make copies of or extracts from and otherwise handle the purchased digital content contrary to copyright law or other legal regulations.
Consumers are entitled to withdraw from the agreement within a period of 14 days. The period stated in the first sentence commences on the day the agreement is executed, this being the day of:
- a. receiving the goods (purchase agreements);
- b. receiving the last delivery (agreements for the purchase of several types of goods / delivery of several parts); or
- c. receiving gthe first delivery (ongoing contracts).
Consumers may withdraw from the agreement by completing and submitting the template form, once submitted, the completed form is confirmed as received by Genevo in writing without undue delay.
Consumers may withdraw from the agreement also by sending a notice of withdrawal to:
161 00 Praha 6
If withdrawing from the agreement, the consumer is to return to Genevo the goods delivered by Genevo and do so at consumer´s cost without undue delay, however, no later than within 14 days after withdrawing from the agreement.
The goods are to be returned complete, i.e. along with the delivered accessories and complete documentation, undamaged, clean, in the original packaging (if possible) and in the condition and value in which the goods have been received by the purchaser. Any fuel tanks returned as part of the returned goods must be returned empty.
Agreements for the purchase of consumables (cosmetics, drugstore items, etc.) may be withdrawn only if the consumables in question are returned by the purchaser undamaged, unused and in the original packaging.
Consumers deciding to withdraw from the agreement in the given period are recommended by Genevo to send the goods to Genevo´s address along with a cover letter incl. the reason for withdrawal (not necessary), number of purchase document and number of bank account so that the case can be addressed without delay.
Consumers are liable to Genevo for any decrease in value of the goods caused by handling the goods other than as required by the nature and characteristics of the goods.
Consumers withdrawing from the agreement are refunded the entire amount paid under the agreement whereby this amount is refunded by Genevo without undue delay, however, no later than within 14 days following the withdrawal, and with the use of the same method of payment as agreed in the agreement.
Consumers withdrawing from the agreement may as well be refunded the entire amount paid only after the goods are returned to Genevo or after the consumers prove that the goods have been sent to Genevo.
Consumers acknowledge that if the goods are delivered along with any gifts, Genevo and the purchaser enter into a contract of donation on the condition that such contract of donation terminates as soon as the consumer enjoys its right and withdraws from the purchase agreement within a period of 14 days whereby the consumer must return the goods in question along with the gifts and everything obtained in relation thereto; if not returned, the same will be considered unjust enrichment. If the profits acquired by unjust enrichment cannot be returned, Genevo is entitled to claim monetary compensation in the amount of ordinary price.
If the product in question cannot be returned in the condition originally received by the purchaser, the agreement cannot be withdrawn or delivery of a new product claimed. This does not apply to cases where:
The condition changed due to the inspection of the product for defects.
The product was used by the purchaser before the product was found defective.
The product cannot be returned in the original condition for reasons other than beyond control (wilful act or neglect) of the purchaser. OR
The product was sold by the purchaser before the product was found defective, consumed by the purchaser or altered by the purchaser in ordinary use. If only a part of the product was used, consumed or altered, the purchaser returns to Genevo everything that can be returned and compensates Genevo up to the amount of benefit received from using the product.
Purchasers failing to report the defect in due course are not entitled to withdraw from the agreement.
V. Personal Data Protection and Security
The seller represents and warrants that all personal data are confidential and such will be used only for the performance of the agreement entered into with the purchaser and for the marketing purposes of the seller (incl. marketing activities performed together with the contractual partners of the seller). The personal data will not be published or disclosed to third parties, with the exception of cases where such disclosure is necessary for the distribution of and payment for the ordered goods (name, account number, shipping address) or for special marketing purposes. In handling the personal data, the purchaser proceeds without detriment to the rights of the entity disclosing the personal data, namely the right to human dignity, and cares for the protection of the private and personal life of the same from unauthorised intervention. The personal data disclosed willingly by the purchaser for the purposes of placing the order and marketing are collected, processed and stored in compliance with law and EU regulation 2016/67 (GDPR). You can withdraw consent to storing your personal data by contacting us.
In order to prevent criminality and minimise the damage, Genevo reserves the right to reject an order placed by the purchaser from a blocked IP address listed on a blacklist. Purchasers encountering problems with placing their order may contact Genevo by email.
VI. Business Hours
Orders placed in the Genevo e-shop are accepted 24 hours a day, seven days a week.
In the event of an information systems failure or force majeure, Genevo assumes no liability for non-observance of the stipulated business hours.
The prices are contract prices. Prices quoted online in the e-shop are always up to date and valid. Prices quoted for individual products are final, that is, incl. VAT and other taxes and fees (if any) payable by the consumer for a product in question (excl. shipping fees, collection fees and cost of distance communication shown in the shopping cart in the amount depending on the option selected by the purchaser).
Special promotion prices are valid either until stocks are exhausted (with displayed information as to the number of items in question offered for the special promotion price) or for a limited period.