FTMO E-SHOP TERMS & CONDITIONS
1. GENERAL PROVISIONS
1.1. These FTMO e-shop Terms and Conditions (“ETC”) govern rights and obligations between the natural or legal person as a buyer (“you”, “your” or “Buyer”) and the FTMO s.r.o. as a seller (“we”, “our”, or the “Seller”) in connection with or on the basis of a purchase of goods by the Buyer from the Seller as an operator of the internet store website shop.ftmo.com („e‑shop“).
2. CONTACT DETAILS
Name: FTMO s.r.o.
Registered office: Purkyňova 2121/3, Nové Město , 110 00 Prague 1, Czech Republic
Business ID Number: 031 36 752
The company is registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 227963
Phone: +420 773 010 372
E-mail: [email protected]
3. DEFINITION AND INTERPRETATION OF TERMS
|The Consumer Buyer
|is the Buyer who, outside his trade, business or profession, enters into a contract or has other dealings with the Seller as an entrepreneur;
|The Entrepreneur Buyer
|is the Buyer who enters into contracts related to his own commercial, production or similar activities, or within his trade, business or profession, or a person acting in the name or on the account of an entrepreneur;
|is considered to be a purchase offer as a legal act leading to the conclusion of a contract, as it contains the essential elements of a contract so that the contract can be concluded by a simple and unconditional acceptance by the Seller, and it indicates the will of a Buyer as an offeror to be bound by the contract if the offer is accepted;
|means a purchase contract concluded pursuant to Sec 2079 of the Civil Code between the Buyer and the Seller, the content of which is comprised in these ETC;
4. GENERAL INFORMATION
4.1. Information about the goods and the price quoted by the Seller remain valid for the time they are displayed in the e-shop, with the exception of obvious errors. The provision of this ETC does not preclude the negotiation of the Contract on individually agreed terms.
4.2. Prices listed with the goods are inclusive of all taxes and charges, excluding the cost of delivery of goods.
4.3. The Purchase Contract is concluded by electronic means.
4.4. The photographs of goods on offer are illustrative and the real appearance of goods may differ.
4.5. These ETC are an integral part of the Contract.
5. CONTRACT CONCLUSION PROCESS
5.1. After you choose the goods you want to purchase, you can manage your shopping list in the shopping “cart”. If you click on the “Proceed to checkout” button you will be redirected to the e-shop order form. If you want to conclude the Contract, you have to place the Order at the e-shop interface. At first, you shall fill in all necessary information at the e-shop order form (i.e. e-mail address, shipping details and payment method). You shall carefully read these ETC and tick the box that states “I have read and agree to the website terms and conditions”. By clicking, in the user interface of the e-shop, on “Place order” you are making the official purchase offer to us.
5.2. Until the moment of clicking on the “Place order” button, you are allowed to check and change the information that you have entered in the order form. You are able, among other things, to detect and correct errors made when entering information into the order form or go back to the shopping “cart” to change your shopping list.
5.3. Our automated system shall, by electronic mail (e-mail), confirm to you that the Order has been successfully sent to us.
5.4. The Contract is concluded at the moment of the confirmation of the Order from our side.
5.5. The Contract is concluded electronically. During the order, you are obligated to truthfully fill in all information about yourself. By filling in the information about yourself, you are confirming that all such information is true and accurate to the best of your knowledge at the time.
5.6. For the avoidance of doubt, all of the goods displayed in the e-shop are not legally binding offers within the meaning of Section 1732(2) of the Civil Code. Displayed goods are only an invitation to the Buyer to send the Order as a binding proposal for the conclusion of a Contract. Thus the Seller is not obliged to conclude a purchase contract for displayed goods based on the Order of the Buyer.
5.7. If the acceptance of an Order is made with a supplement or a deviation, it is not considered an acceptance of the Order and the Seller is not obliged to perform.
5.8. The Contract is concluded in the English language.
5.9. The Seller reserves the right to withdraw from the contract in the case of stock exhaustion or loss of ability to perform.
6. PAYMENT TERMS AND CONDITIONS
6.1. The Seller accepts payment by direct bank transfer to the Seller’s bank account. Bank account details will be displayed in the e-shop interface after you place the Order.
6.2. If the option of an online payment method by credit cards is visible in the e-shop interface, you may also use such a method. In such a case, you will be redirected to the payment gate of the payment provider where you shall proceed according to the stated instructions.
6.3. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount.
6.4. The Seller shall confirm the acceptance of the payment of the purchase price to the Buyer.
6.5. The Seller shall hand over the goods to be transported to the Buyer within the reasonable time upon the payment of the full purchase price, unless otherwise agreed by the Parties to the Contract.
7. DELIVERY OF GOODS
7.1. The Seller shall deliver the goods to the Buyer within a reasonable time unless the payment was not made (the goods are shipped after we receive the payment for them). Delivery time may vary depending on the shipping destination. The Buyer is obliged to check goods for damage upon receiving the goods.
7.2. Should damage to the shipment occur, the Seller recommends to the Buyer to register a damage report with the carrier.
7.3. The Seller shall attach all documents, such as the invoice, confirmation, etc. to the goods, unless these documents were handed over to the Buyer via on-line communication (e-mail).
7.4. Selection of the method of delivery of goods and the cost of delivery is included in the order form.
7.5. The Seller shall deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the delivery of the goods upon delivery. If the Buyer fails to take over the delivery of the goods and the delivery company will not be able to deliver the goods because of that, the Seller is entitled to withdraw from the Contract.
7.6. The Seller shall notify the Buyer of the unsuccessful attempt to deliver the goods by e-mail, which the Buyer has indicated in the Order and shall give the Buyer a reasonable period of time to express whether he is interested in resending the goods. If the Buyer wants to resend the goods, the Buyer must pay the new shipping costs to the Seller. If the Buyer does not reply in a reasonable period of time the Seller is entitled to sell the goods in an appropriate manner. From the proceeds of such sale, the Seller is entitled to offset the cost of delivery and the costs associated with the sale of goods. The remaining part of the proceeds shall be returned by the Seller to the Buyer.
7.7. If it turns out that the delivery company, according to the type of transportation chosen by the Buyer, does not deliver to the shipping address stated by the Buyer, the Seller will contact the Buyer about alternative delivery options. If the Seller and the Buyer would not agree on an alternative delivery option or there is no such option available, the Seller reserves the right to withdraw from the Contract.
8. ORDER CANCELLATION AND WITHDRAWAL FROM CONTRACT
8.1. If you are the Consumer Buyer, you have the right to withdraw from a contract without giving a reason within 14 days of receipt of the goods or at any time prior to the delivery of the goods.
8.2. Your withdrawal from the contract must be sent to our e-mail address [email protected] (or registered address) within the specified time limit. You can use the template form available here to withdraw. We will confirm the receipt of the form to you in text form without undue delay. You are obliged to return the goods to us ideally in the original packaging with no signs of wear or damage no later than fourteen days after the withdrawal. The Seller undertakes to return the purchase price to the Buyer (along with the cost of delivery of goods from the Seller to the Buyer) within 14 days from the date of withdrawal of the Contract in the same way that the goods were paid by the Buyer. The Seller is entitled to retain funds of the Buyer until the goods are handed over, or until proven that the goods have been sent to the Seller.
8.3. The costs associated with the return of the goods to the Seller is borne by the Buyer, even if given their nature, the goods cannot be returned by ordinary mail.
8.4. If the returned goods are damaged, the Seller is entitled to require compensation by the Buyer for the reduction in the value of goods and to lower the return payment to the Buyer by this compensation cost.
8.5. The Seller may withdraw from the Contract before delivery of goods, if through objective reasons is unable to fulfill the Contract, or if the Buyer has violated the Contract concluded with the Seller previously.
8.6. The Buyer acknowledges that the Contract is not concluded in case of doubt about the real identity of the Buyer or, in case of obvious errors listed in the information about the price or about the product.
9. RIGHTS AND OBLIGATIONS IN THE EVENT OF DEFECTIVE PERFORMANCE
9.1. If the goods at the time of its receipt by the Buyer is defective (e.g. incomplete, wrong number, etc.), it is defective goods under the responsibility of the Seller.
9.2. The Consumer Buyer may exercise his or her rights of defective performance by the Seller within 24 months of receipt of goods.
9.3. Where the Consumer Buyer finds defects within six months, the goods are considered as already defective upon receipt, unless the defects were caused by the use of goods or the defects were known to the Buyer at the time when he or she was purchasing the goods or it was caused by the Buyer.
9.4. If the Seller sells used goods at a reduced purchase price due to the use or wear of the goods, the Seller is not liable for defects for which a lower purchase price was negotiated. In the event of a complaint about such discounted goods, the Consumer Buyer does not have the right to a replacement, but to an appropriate discount.
9.5. The Entrepreneur Buyer has rights of defective performance in the event that the goods were defective in the manner stated in the complaint upon the passage of the risk of damage to the goods to the Buyer, even if such defects become later. The rights of defect of the Entrepreneur Buyer arise also by a defect caused by the breach of duty on the part of the Seller.
9.6. The Buyer is obliged to notify the Seller of the defects without undue delay as soon as able to determine them upon proper inspection and with adequate care.
9.7. If a defective performance constitutes a non-fundamental breach of Contract, the Buyer has the right to have the defects removed, or to a reasonable reduction of the purchase price.
9.8. When the Buyer lodges a complaint of rights of defective performance with the Seller in a duly and timely manner, he or she may choose the method of settling the complaint in one of the ways listed below, if a fundamental breach of Contract occurs:
9.8.1. have the defect removed by having a new defect-free thing or a missing thing supplied;
9.8.2. have the thing repaired free of charge;
9.8.3. have the purchase price reduced by a reasonable amount;
9.8.4. have the purchase price returned based on withdrawal from Contract;
(Fundamental breach of Contract means a breach of which the breaching party, at the conclusion of the contract, knew or should have known that the other party would not have concluded the contract had it foreseen such a breach.)
9.9. If the goods have the same removable defect that occurs even after repair repeatedly (at least three times) or if multiple defects in goods occur (at least three) at the same time, the Consumer Buyer may require a reasonable discount on the purchase price, require a replacement or withdraw from Contract.
9.10. The Seller is not liable for damages incurred on goods due to normal wear and tear or improper use or handling of the goods.
9.11. Complaint Registration:
9.11.1. The Buyer is obliged to determine the method of settling the complaint of defect upon registering the complaint with the Seller at the latest, where a change in the method of settling the complaint is possible, if the Buyer demanded repair of goods but the defect proves to be unrecoverable.
9.11.2. If the Buyer does not choose the way of settling the complaint duly and timely, he or she only has rights pertaining to non-fundamental breach of Contract.
9.12. In the complaint, the Buyer is obliged to prove the purchase of goods from the Seller (e.g. invoice). The deadline for settling a complaint runs from the date of hand-over or receipt of defective goods to the Seller at the place where the defective goods are to be delivered. The Buyer is obliged to deliver goods to the complaint through postal service and package the goods properly to prevent further damage.
9.13. After the delivery of goods to the Seller, the Seller will decide on the complaint or on the need of expert assessment for such decision within 3 working days and inform the Buyer of this decision within that period.
9.14. The Seller is obliged to settle the complaint of a Consumer Buyer including defect removal within 30 days of complaint registration, unless a longer period is agreed upon by the Parties to the Contract. If the complaint is not settled within the stated deadline, the Buyer shall have the same rights as if the fundamental breach of Contract occurred.
9.15. If the Seller rejects defect removal, the Consumer Buyer may request a reasonable discount on the purchase price or withdraw from the Contract.
9.16. The warranty period shall be extended by the period during which the goods are with the Seller to process the complaint.
10. PROTECTION OF PERSONAL DATA
11. DISPUTE RESOLUTION
11.1. It is our objective that our customers are satisfied with the FTMO goods and services; therefore, if you have any complaints or suggestions, we will be happy to resolve them directly with you and you can contact us at our e-mail address or at our postal address listed in clause 2.
11.2. The Parties to the Contract declare that they shall attempt to settle any disputes amicably and in the event that conciliation is not achieved, courts of general jurisdiction shall decide.
11.3. According to Act no. 634/1992 Coll., on Consumer Protection, as amended, the Consumer Buyer who is at the same time an EU resident has the right to extra-judicial settlement of consumer disputes over Purchase Contract. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, identification no.: 000 20 869, website: https://www.coi.cz/en/information-about-adr/, is responsible for the out-of-court settlement of consumer disputes. You can also use the platform at the following website to resolve disputes online: https://www.ec.europa.eu/consumers/odr. Proposal to launch extra-judicial resolution of consumer disputes can be initiated only on a proposal from the Consumer Buyer, unless the dispute has been resolved directly with the Seller. The Consumer Buyer has the right to file this proposal no later than 1 year from the date of lodging the complaint with the Seller. This method of extra-judicial dispute settlement is not mediation pursuant to Act no. 202/2012 Coll., on Mediation, as amended, or arbitration pursuant to Act no. 216/1994 Coll., on Arbitration Proceedings and Enforcement of Arbitration Rulings, as amended, and at the same time, it does not affect the right of the Parties to refer the claim to the Czech Trade Inspection or to the court.
11.4. For the time of the extra-judicial proceedings, no limitation or prescription period pursuant to Act no. 89/2012 Coll., Civil Code, as amended, start to run or run until one of the Parties expressly refuses to continue the extra-judicial settlement of the dispute.
12. OTHER ARRANGEMENTS
12.1. If the Buyer orders a large quantity of goods or the goods are adapted to his or her requirements, the Seller may require the Buyer to deposit a reasonable advance, about which the Buyer will be informed without undue delay.
12.2. Any communication by the Seller on the suitability and possible use of the delivered goods shall be imparted by the Seller to his or her best knowledge and it includes the values, information and experience he or she has gained him or her or from the manufacturer or supplier.
12.3. If the Buyer and Seller use written communication, the postal address of the Seller is the registered office and the mailing address of the Buyer is the address specified in the Order.
13. CHOICE OF LAW AND JURISDICTION
13.1. Any legal relations established by the Contract or related to it, as well as any related non-contractual legal relations, shall be governed by the laws of the Czech Republic. Any dispute that may arise in connection with the Contract and/or related agreements will fall within the jurisdiction of the Czech court having local jurisdiction according to the registered office of the Seller.
14. FINAL PROVISIONS
14.1. If any provision of the ETC is found to be invalid or ineffective, it 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. No past or future practice established between the parties and no custom maintained in general or in the industry relating to the subject-matter of the performance, which is not expressly referred to in the ETC, shall be applied and no rights and obligations shall be derived from them for the parties; in addition, they shall not be taken into account in the interpretation of manifestations of the will of the parties.
14.2. These ETC enter into force on April 8, 2022.