Business Terms in a simple way
Business Terms in an official language
1.1 MODELIMEX s.r.o., located at Sklářská 252/13, 41503 Teplice; VAT ID: CZ28750128, recorded in the Commercial Register of the Regional Court in Ústí nad Labem, Section C, File 30766, is an operator of Internet sites as well as a seller and supplier of the articles specified on these websites. The company exercises copyrights to these Internet sites and products, as well as the appurtenances presented on these web sites under Act No. 121/2000 Coll., Copyright Act, as amended. All the provisions and legal regulations quoted in the "General Business Terms", are subject to the law of the Czech Republic. All and any disputes shall be resolved at competent and relevant courts of the Czech Republic.
2.1 To order articles using an Internet site, a Buyer shall provide his/her personal data. The Seller shall treat the provided data in compliance with Act No. 101/2000 Coll., On protection of personal data, as amended, in the scope required for entering into and performing a purchase agreement (order). The Buyer can lodge a claim at the relevant Office for Personal Data Protection in Prague (Czech Republic) should its rights be violated and request a remedy.
3.1 The Buyer shall not interfere in the protocols or applications of the Seller's websites, use them for transfer or try to get access to a place not open to the public without the approval of the Seller in electronic communication with websites of the Seller. Any reproduction, copying, distribution and offering of the website content for a consideration without the approval of the Seller is not allowed and shall be subject to the Copyright law.
4.1 Relationships between the Buyer and the Seller shall be governed by Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code”).
4.2 These Business Terms stipulate the mutual rights and obligations of the Parties arising from or following from the Purchase Agreement (hereinafter the "Purchase Agreement”) entered into between the Seller and another physical or legal entity (hereinafter the “Buyer”) via the online shopping site of the Seller.
4.3 The online shopping site is operated by the Seller at the Internet address www.modelimex.com, i.e. by means of a web interface
4.4 The Business Terms shall not apply to situations when the Buyer, who is willing to purchase articles from the Seller, does so by ordering the articles as part of his/her entrepreneurial activities.
4.5 A consumer is any individual who, outside the framework of his/her entrepreneurial activities or beyond the framework of the independent performance of his/her profession, concludes an agreement with the Seller or acts with the Seller in another way.
4.6 Provisions that differ from the Business Terms can be agreed in the Purchase Agreement. Variant provisions in the Purchase Agreement shall take precedence over the provisions of the Business Terms.
5.1 The Buyer shall select articles exclusively using the websites of the Seller. The Buyer shall make itself acquainted in detail with the description of the articles to avoid any confusion in terms of the labelling, image congruence, which can only depict one type, but in more configurations. Should the Buyer not be sure about the configuration and type of articles, it should contact the Seller exclusively via a contact form on the website.
5.2 Once registered on the website, the Buyer can access its user interface. The Buyer can order articles from his/her user interface (hereinafter the "User Account).
5.3 Buyers are obliged to provide only correct and true details during registration on the website as well as when ordering articles. Details stated in the User Account shall be updated following any changes by the Buyer. Details provided by the Buyer in his/her User Account and orders placed are regarded as correct by the Seller.
5.4 Access to the User Account is safeguarded by the user's name and password. The Buyer shall keep confidential the information required for access to his/her User Account and acknowledges that the Seller takes no responsibility for any breaches of this obligation by the Buyer.
5.5 The Buyer is not entitled to allow any Third Parties to use his/her User Account.
5.6 The Seller can cancel his/her User Account, particularly if the Buyer fails to use his/her User Account for more than 1 year, or if the Buyer violates his/her obligations following from the Purchase Agreement, including the Business Terms.
5.7 The Buyer acknowledges that the User Account need not be accessible permanently, particularly with respect to required maintenance of the Seller's hardware and software, or necessary maintenance of the hardware and software of Third Parties.
5.8 The web interface of the online shopping site contains a list of articles offered for sale by the Seller, including the stated prices of individual articles offered for sale. Prices of the offered articles include value added tax and all related fees. The offer for the sale of articles and the prices for such articles remain in force for the period they are visible on the web interface of the online shopping site. This provision shall not limit the possibility of the Seller to enter into a Purchase Agreement under individually agreed conditions. No offers for the sale of articles placed on the web interface of the online shopping site are binding and the Seller is not obliged to enter into a Purchase Agreement regarding such articles. The web interface of the online shopping site also contains information on the costs associated with packing and delivering the articles.
6.1 To order articles, the Buyer shall fill in the order form on the web interface of the online shopping site.
6.2 The Buyer shall order articles (enters into a Purchase Agreement with the Seller) by filling in the details and requisites specified in the order form. Once the order has been checked for completeness, it is confirmed. While processing the order, the Buyer uses the menu, in which he/she can change some items even retrospectively. If the Buyer agrees with all the details he/she has stated in the order form, he/she shall confirm the order, which is then sent for further processing. Details specified in the order are regarded as correct by the Seller. After receiving the order, the Seller shall promptly confirm its acceptance to the Buyer by electronic mail, to the address of the Buyer's electronic mail specified in the user interface or the order (hereinafter the “Buyer's electronic address”). By placing an order, the Buyer undertakes to withdraw the articles ordered by it in the order form and, at the same time, he/she confirms his/her approval to debiting the respective amount from his/her account without using his/her own signature.
6.3 The Seller reserves the right to verify or request additional details about the Buyer or his/her payment card in specific cases.
6.4 A contractual relationship between the Seller and Buyer arises from acceptance of an order sent to the Buyer by the Seller by electronic mail to the Buyer's electronic mail address.
6.5 Costs of the use of electronic means shall be governed by the agreement between the Buyer and the provider of his/her Internet connection. The Buyer consents to using remote use of communication means when entering into the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with entering into the purchase agreement (costs of the Internet connection, costs of telephone calls) shall be covered by the Buyer.
6.6 Subject to the character of the order, the quantity of articles, the price, transport costs, distance, etc., the Seller is at all times entitled to request that the Buyer authorize the order in an appropriate way, such as in writing or by telephone. An order shall be deemed invalid and the Purchase Agreement will lose its validity if the Buyer refuses to authorize the order in the required way.
6.7 The Seller also restricts the right to cancel an order in the event of a quite evident printing error concerning prices or descriptions of articles (the customer shall be informed by the Seller).
6.8 The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement, particularly with individuals who have violated the Purchase Agreement (including the Business Terms) in a gross manner.
7.1 Prices specified on the website are effective for the Buyer at the moment of placing an order.
The Prices shown on the website are for the Buyer:
from the CZ + SK
from the EU
(if company is not registered to VAT, prices are with VAT incl.)
outside the EU
7.2 An invoice issued upon an order (purchase agreement) between the Seller and the Buyer also serves as a tax document and a bill of delivery. The invoice is either part of the delivered articles or it can be sent by email upon agreement. In principle, the Buyer can accept the articles once it has paid for them. Details on price terms of the transport and postage charges are stated below. Should the Buyer pay in advance and the Seller be unable to supply the articles, it shall return the paid amount to the Buyer in an agreed manner without any delay. The period depends on the method of reimbursement.
Shipping rates for individual countries can be found here.
7.3 Details about price terms for transport and postage are shown below. The Buyer shall pay the purchase price to the Seller as well as the costs associated with packing and delivering the articles. Unless otherwise stated, the purchase price shall be further understood as also containing the costs associated with delivery of articles.
7.4 In the event of a payment in cash or a payment in cash on delivery, the purchase price shall be payable upon acceptance of the articles.
7.5 For cashless payments, the Buyer shall cover the purchase price for articles while stating the variable symbol of the payment. The obligation of the Buyer to pay the purchase price by cashless payment is met at the moment the relevant amount is credited to the Seller's Account.
7.6 If the Buyer pays the price in advance and the Seller is not able to deliver the articles, the Seller shall promptly return the amount paid to the Buyer in the agreed way. The period will depend on the method of returning the payment.
7.7 Retention of title: The title to the delivered articles shall pass to the Buyer on the day the total price of the delivered articles, including appurtenances, such as the bank fee for any currency exchange, transport fee, packaging, etc., has been paid. The bank fees for any currency exchange shall be covered by the Buyer. The Buyer shall pay the price in the currency specified in the issued invoice.
The delivery term begins on the day the purchase agreement was duly entered into, i.e. once the Seller has sent a confirming e-mail for the articles for which the Buyer shall pay upon acceptance, i.e. cash on delivery. If the Buyer has selected a different option of payment rather than paying for the articles upon delivery, i.e. by payment transfer from its account to the Seller's account or by using a payment card, the delivery period starts from the moment the specific amount has been credited to the Seller's account. Should it be impossible to deliver the ordered articles by the specific deadline, the Seller shall inform the Buyer of this and it shall state the replacement date of delivery.
The delivery shall be carried out within 24 hours, if the order is completely in stock. If the order contains products that are currently out of stock, the delivery may take from one week to few months, it all depeneds on type of product. The Buyer bear in mind that imported products may take longer than 1-2 months for us to re-stock.
The Seller reserves the right to modify the prices with regards to the development of postal charges specified by the post office.
Accepted payment cards:
Method of payment with a payment card: should the holder of the payment card/Buyer decide to use a payment card to pay for the selected articles, it shall fill in the details on the payment card on the payment site of the banking institution. The banking institution shall provide a secure coded data transfer and it notifies the Seller only of the result of the authorization, which, at the same time, is an instruction to execute the order. This prevents any opportunity to misuse the payment card by the entity the Buyer is buying the articles from and free transfer of unprotected data in the public computer network. The Seller does not save the numbers of payment cards.
9.1 The delivery method of the articles shall be specified by the Seller, unless otherwise stated in the Purchase Agreement. Should the delivery method be agreed upon a requirement of the Buyer, the risk and any additional costs connected with such method shall be borne by the Buyer.
9.2 If under the Purchase Agreement the Seller is obliged to deliver articles to the address specified by the Buyer in the order, the Buyer is obliged to accept the articles upon delivery. If the Buyer fails to accept the articles upon delivery, the Seller shall be entitled to request a fee for storage in the amount of 2,- EUR (in words: two euros), and it is also entitled to withdraw from the Purchase Agreement.
9.3 If the articles have to be delivered repeatedly due to reasons on the Buyer's side or using a method different to that specified in the order, the Buyer shall be obliged to pay the costs associated with repeated delivery of the articles, or the costs connected with the different method of delivery.
9.4 The Buyer shall duly accept the articles from the carrier, check the packaging integrity and inform the carrier itself without any delay should it establish any defects. Should the Buyer establish any damage of the original packaging of the articles or other damage to the packaging evidencing an illegal infringement of the consignment, it is recommended that the Buyer not accept the consignment in its own interest. If the Buyer accepts such a consignment, it shall fill in a damage form with the specific forwarding agent, signed by both parties. The Buyer shall claim the compensation from the forwarding agent. By signing the bill of delivery, the Buyer confirms that the consignment has met all the terms and appurtenances stated above. Later complaints about damaged consignment packaging will not be taken into account. The Seller bears no responsibility for any damage incurred by the forwarding agent or a third party.
10.1 A guarantee for the sold articles shall be provided by the Seller under the generally binding legal regulations of the Czech Republic. The guarantee period commences as of the day the Buyer accepts the articles from the Seller. The guarantee applies to manufacturing defects or other defects not incurred as a result of incompetent or inconsiderate handling, use of the product in conflict with its purpose or instructions for assembly, mechanical damage, natural disasters or as stipulated by law. Please note that the image on the packaging of the articles is informative only and does not need to fully comply with the contents of the delivered articles.
10.2 Complaints should be lodged via the following email address: firstname.lastname@example.org.
10.3 Faulty articles can be sent by mail, unless the Seller and the Buyer have agreed in advance by e-mail that the Seller shall see to sending the defective, missing or otherwise complained part of the article of the complained article to the Buyer without requesting to inspect the faulty article. Should the Buyer send the faulty item to the Seller, it shall append a legible original of the purchase document – the invoice with a detailed description of the defect of the faulty items. If the articles accepted by the Buyer do not comply with the purchase agreement, the Buyer shall have the right to have the item put into the condition corresponding to the purchase agreement by the Seller free of charge and without any delay, namely, either by replacing the items(s) or by completing it (them) subject to the Buyer's requirement. If such procedure is impossible, the Buyer can request adequate suitable reduction in the price of the articles or it can withdraw from the agreement. This shall not apply to situations where the Buyer knew about the conflict before accepting the articles or if the conflict with the purchase agreement was caused by the Buyer itself.
10.4 For justified complaints, the Buyer is authorized to:
10.5 Once the complaint has been accepted, the Buyer shall be informed of the most suitable form and details of the complaint procedure within 7 days. A record in writing on accepting the complaint and its settlement shall be made and sent to the email address of the Buyer. If the complaint is justified, the Buyer has the right to compensation for all cost purposefully incurred in connection with the enforced complaint.
10.6 The rights and obligations of the Parties regarding the rights following from defective performance shall be governed by the relevant general binding regulations (particularly the provisions of s. 1914 to s. 1915 of the Civil Code).
10.7 The Seller shall be held responsible for defect-free articles upon acceptance. In particular, the Seller is responsible towards the Buyer that the purchased article has the quality and properties required by the agreement, described by the Seller, manufacturer or its representative, or expected by these upon the advertising carried out, or that the purchased article has the quality and properties common for an article of such type; that the purchased article corresponds to the requirements stipulated in the legal regulations, it was provided in the corresponding quantity, rate or weight and it corresponds to the purpose specified by the Seller for use of the article or the purpose such article is usually used for.
10.8 Upon acceptance by the Buyer, should the article have a defect, the Buyer has the right to have the article put in the condition corresponding to the Purchase Agreement by the Seller free of charge and without any delay, upon the requirement of the Buyer either by replacing the article or by its repair; if such a procedure is impossible, the Buyer can request an adequate price reduction of the article or can withdraw from the Agreement. This shall not apply if the Buyer knew that it showed a defect or if the Buyer itself inflicted the defect before acceptance of the article.
10.9 The Buyer shall be entitled to enforce the right from a defect occurring in a consumable article within twenty-four months (24) of acceptance, unless this contradicts the character of the article or unless the contrary is proved.
10.10 If the sold article, its packaging, the instructions appended to the article or the advertising pursuant to other legal regulations, specifies a period for which the article can be used, the provisions of the quality guarantee shall be applied.
10.11 The rights following from defective performance, including the guarantee responsibility of the Seller, shall be applied by the Buyer on the Seller, at the address Sklářská 252/13, 41503 Teplice, Czech Republic.
11.1 The Buyer acknowledges that subject to s. 1837 of the Civil Code, apart from others, it is impossible to rescind the Agreement:
11.2 Save for an event specified in Art. 11.1., pursuant to the provisions of s. 1829, subs. 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of the date of article acceptance. Withdrawal from the Purchase Agreement must be demonstrably delivered to the Seller within fourteen (14) days of the date the articles were accepted, i.e. to the address of the Seller's e-mail email@example.com or to the address of the Seller's registered office at Sklářská 252/13, 41503 Teplice, Czech Republic.
11.3 In the event of withdrawal from the agreement subject to Art. 11.2 of the Business Terms, the Purchase Agreement shall be cancelled from the beginning. The articles must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
11.4 Should the Buyer withdraw from the Purchase Agreement subject to Art 11.2. of the Business Terms, the Seller is not obliged to return the received money to the Buyer before the Buyer returns the articles or before he/she proves that he/she has sent the articles to the Seller.
11.5 If the Buyer withdraws from the agreement, the Seller shall return to him/her all the money including costs for delivery received from him/her subject to the agreement, in the same way without any delay, at the latest within fourteen (14) days of the date of withdrawal from the agreement. The Seller shall return to the Buyer money received in a different way only if the consumer agrees to it and provided no additional costs shall be incurred.
11.6 If the Buyer selects a different method of delivery than the cheapest one offered by the Seller, the Seller shall return to the Buyer the costs for delivery of the articles in the amount corresponding to the cheapest offered method of delivery of the articles.
11.7 The Buyer acknowledges that should the articles returned by the Buyer be damaged, worn or partially consumed, the Seller shall have the right to compensation for the loss incurred by it as a result. If so, the Seller is obliged to provide evidence for the loss incurred. The Seller is entitled to set off the claim to payment of the incurred loss unilaterally against the claim of the Buyer for refund of the purchase price.
11.8 For withdrawals from the agreement, please follow the instructions in the specimen guidance on the right to withdraw and use the specimen form, which is a constituent part of the specimen guidance on the right to withdraw, stating the order number and invoice number. We kindly request that you specify the reason for withdrawal from the agreement. This information is not compulsory and will not have any influence on the validity of the withdrawal; its purpose is solely to improve the quality of our services!
11.9 The Buyer shall return articles within 2 work days of dispatching of the notification of withdrawal at the latest, either by personal delivery to the registered office of the Seller or by dispatching it to the address of the Seller. A document of acceptance (invoice) shall be appended to the returned articles, so that the consignment can be explicitly identified. If the returned articles are damaged or worn in any way, the Seller reserves the right to compensate for the loss in a refund against the purchase price. The articles cannot be returned using the “cash on delivery” method.
The Buyer is authorized to withdraw from the order without any recourse at any time before the articles have been dispatched. The Seller reserves the right to cancel the order or its part in the following cases: the articles are no longer manufactured or supplied or the price of the articles has changed dramatically. If such a situation occurs, the Seller shall inform the Buyer immediately to agree on a further procedure. If the Buyer has already paid part or all of the purchase price, this amount shall be transferred back to its account or to the address in the shortest possible period unless otherwise agreed.
If the item is in conflict with the purchase agreement upon acceptance by the Buyer ("conflict with the purchase agreement"), the Buyer has the right to have the item put into a condition corresponding to the purchase agreement by the Seller free of charge and without any delay, either by replacing the item or repairing it subject to the requirement of the Buyer. Should such procedure be impossible, the Buyer can request a suitable reduction on the price of the article or to withdraw from the agreement. This does not apply if the Buyer knew about the conflict with the purchase agreement before accepting the item or such a conflict was inflicted by the Buyer itself. A conflict with the purchase agreement manifested during six months from the date of accepting the item is understood as a conflict existing already upon acceptance of the item unless it contradicts the character of the item or unless the contrary is proved.
Unused (unconsumed) articles should be treated as waste. The Buyer is entitled to dispose of the waste only in the manner specified by Act No. 185/2001 Coll., On waste, as amended, by implementing regulations as well as effective regulations locally at the domicile of the Buyer. The Seller does not provide any collection of used articles or their packaging. For this purpose, the Buyer has entered into agreement on shared performance No. EK – F00120119.
The Seller notifies the Buyer of the fact that subject to Appendix 1, Subs. 2a), b) of Decree of the Czech Government No. 86/2011 Coll., on technical requirements for toys, as amended, true models of original products and building systems for building models at a reduced scale are not considered toys but are intended for collectors aged over 14.
These business terms are effective in the scope and wording shown on the Internet sites of the Seller as of the day an electronic order is placed. By placing an electronic order, the Buyer confirms to the Seller that the Buyer accepts the price of the ordered articles together with any dispatch and transportation costs and all business terms and provisions in the wording effective at the moment the order was placed. As soon as the Buyer receives a confirming e-mail from the Seller, the Seller's offer for the ordered articles and the price specified in the order are effective until the articles are delivered to the Buyer, unless any provisions of these General Business Terms stipulate otherwise in a special case. By placing an order, the Buyer undertakes to meet the General Business Terms for the period stipulated for the delivery of the articles. The Seller shall keep the order (purchase agreement) in its bookkeeping in electronic format for five years. Such archived purchase agreement is not accessible by the public.