Terms & Conditions

Company: Sims Recycling Solutions s.r.o.
Place of business: Hviezdoslavova 53c, 627 00 Brno
ID: 25525573

VAT ID: CZ25525573    

Company is registered in the Commercial Register maintained by the Regional Court in Brno under file number 30380, section C

(hereinafter “Seller“)

Company address:

Sims Recycling Solutions s.r.o.
Hviezdoslavova 53c

627 00  Brno

(hereinafter “Contact address“)

E-mail addresses: 

info.cz@simsmm.com
prodej.cz@simsmm.com

sluzby.cz@simsmm.com

(hereinafter “Contact email“)

Phone: +420 548 424 910

(hereinafter “Contact phone“)

1. Introductory provisions

1.1 These Terms and Conditions (according to § 1751 of the Act no. 89/2012 Sb., Civil Code, as amended) govern the relationship between the contractual parties for purchase of goods and services offered by the Seller. 

1.2 If the contracting party is the Consumer, relations unregulated by Terms and Conditions follow Civil Code (Act no. 89/2012 Sb.) or the Act no. 634/1992 Sb., about the protection of consumer. If the contracting party isn’t consumer, relations unregulated by Terms and Conditions follow Civil Code.

1.2.1 In case that the contracting party is consumer,  the following terms are applied:

  1. If the contract is closed by means of distant communication or outside business premises, Consumer has the right, if legal conditions are met, to withdraw from the contract in 14 days from the day he received information about significant requirement of closed contract from the Seller. The same conditions follow the contract amendment. The consumer has the obligation to pay a proportional part of the price in the case of withdrawal from the contract, subject of which is providing services which performance has already started at the explicit request of the Consumer.
  2. For withdrawal from the contract is possible to use the form, that is available on the website of the Seller.
  3. If consumer withdraws from the contract, he sends at his expense or hand over everything that he received to the Seller without delay, within 14 days from the withdrawal from the contract.
  4. If Consumer withdraws from the contract, Seller isn’t obliged to return the received performance to Consumer sooner than the Consumer returns everything that received from the Seller or prove that he has already sent it to the Seller.
  5. Consumer is responsible for the reduction of the value that resulted from the treatment with these goods in a different way than is necessary considering its nature and characteristics. 
  6. In cases mentioned in § 1837 of the Civil Code, Customer doesn’t have the right to withdraw from the contract.
  7. Prices of services are quoted including all fees given by law. 
  8. The cost spent on distance communication does not differ from the basic rate (in the case of Internet or dial-up connection according to the terms of the operator of the Consumer, Seller does not charge any additional fees).
  9. Czech Trade Inspection Authority performs supervision of observance of obligations laid down by the Act no. 634/1992 Sb., about the protection of consumer; Consumer can turn to it with a potential complaint.
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2. Definitions

2.1 Seller is the company Sims Recycling Solutions s.r.o., registered address Hviezdoslavova 53c, 627 00 Brno; with company identification number 25525573, registered in the Commercial Register maintained by the Regional Court in Brno under file number 30380, section C. Seller is a person who at the conclusion and performance of the contract acts in pursuance of his commercial or another business activity. He is an entrepreneur who directly or via other entrepreneurs supply products or provide services to Buyer.

2.2 Buyer is the costumer of the Seller. Buyer represents a consumer or an entrepreneur.

2.3 Consumer represents a person who acts outside his own business frame or outside the frame of his independent profession by closing the contract, or otherwise negotiating with the entrepreneur.

2.4 Entrepreneur is the Buyer who isn’t Consumer. As the entrepreneur is also considered any person who enters a contract related to his own commercial, industrial or similar activity, or during the exercise of his own profession, as well as the person acting on behalf of, or on the account of the entrepreneur.

2.5 Goods offered by the Seller, unless explicitly stated otherwise, is always used, refurbished IT/office equipment, in particular desktops, notebooks, software, printers, server products, monitors, mobile devices, including spare parts and accessories, etc. 

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3. User account in the e-shop on the website of the Seller

3.1 After registration made in the e-shop of the Seller, Buyer can access his user interface. There he can order goods (hereinafter “user account”). In case that it is possible, Buyer can order goods in website interface also without registration.

3.2 Buyer is obliged to indicate correctly and truthfully all data when making registration and ordering goods. Buyer is also obliged to update data mentioned in his user account if they were changed. Data mentioned in the user account of the Buyer or mentioned during the order are considered correct. 

3.3 Access to user account is secured by login and password. Buyer is obliged to maintain confidentiality about information necessary to access to his user account and he acknowledges that Seller doesn’t take responsibility for contravention of this obligation made by Buyer.     

3.4 Buyer is not authorized to allow third persons to access his user account.  

3.5 Seller can cancel user account particularly in cases when Buyer didn’t use his user account longer than 12 months or in cases that Buyer broke his obligations arisen from purchase contract (including Terms and Conditions).     

3.6 Buyer acknowledges that user account doesn’t have to be accessible ceaselessly in particular with regard to necessary service of hardware and software equipment of the Seller, possibly necessary service of hardware and software equipment of third persons.

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4. Purchase contract conclusion

4.1 Proposal of contract is the offer introduced by Seller to Buyer. 

4.2 E-shop contains a list of goods offered for sale by the Seller including prices of goods. Prices include VAT and all related charges. Offer of goods and their prices are effective as long as they are displayed in e-shop. This provision does not limit the possibility of the Seller to conclude purchase contract under individually negotiated conditions. All sale offers in e-shop are not binding and Seller is not obliged to conclude purchase contract relating to this goods (§ 1732 paragraph 2 of Civil Code is not used).

Prices of offered goods and prices of package and delivery are effective as long as they are displayed in e-shop. Potential discounts from the price of goods provided by the Seller to Buyer couldn’t be combined with each other unless the Seller state otherwise.

4.3 Orders can be made as follows:

  • personally at the store,
  • via phone,
  • via email,
  • via e-shop.

4.4 To order goods via e-shop, the Buyer fills in an electronic order form. Order form in particular contains information about:

  • Ordered goods (Buyer put ordered goods to the shopping cart in e-shop),
  • Way of payment of purchase price, information about delivery of ordered goods,
  • Transportation costs (hereinafter together as an “order“).

4.5 Before sending the order to the Seller, Buyer is allowed to check and change order details and to correct mistakes. Buyer sends order to the Seller by clicking on the button “confirm order”. Information stated in order is considered correct. The Seller immediately after receiving the order confirms that by e-mail sent to e-mail address of the Buyer (hereinafter “Buyer’s e-mail address”)

4.6 The Seller is always entitled to ask the Buyer for additional confirmation of the order depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs). 

4.7 Contractual relation between the Seller and the Buyer arise (purchase contract is concluded) by acceptance of the delivered order by the Seller.

4.8 The Buyer acknowledges that Seller is not obliged to conclude the purchase contract, especially with persons who previously considerably breached their obligations toward the Seller. 

4.9 The Buyer agrees with using of means of distance communication when concluding purchase contract. Costs incurred to the Buyer when using means of distance communication when concluding purchase contract (costs of internet connection, cost of phone calls) are paid by the Buyer himself.     

4.10 The Seller among other things, reserves the right to cancel the order or its part before concluding the purchase contract, based on an agreement with the Buyer.

4.11 In case that the Buyer has paid part or the whole amount of the purchase price, this amount will be transferred back to his account or address and the purchase contract won’t be concluded.

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5. Shipping and payment conditions

5.1 Shipping of goods follows Incoterms.

5.2 The Seller uses especially these shipping methods:

  • personal pick-up by the Buyer in the shop,
  • delivery through shipping companies,
  • other, based on mutual agreement.

5.3 Acceptance of the goods by the Buyer:

  • Buyer is always obliged to check the integrity of the package. In case of finding any external damage of the package or damage of the original tape of the Seller, the Buyer is obliged not to accept the package and he is obliged to contact the complaints department of the Seller immediately. In case that Buyer accepts that package he takes responsibility for incompleteness, obvious defects or damage of the package,
  • Buyer is always obliged to check the goods immediately after accepting the package and if he finds any difference between items listed on the invoice (or delivery note) and actually delivered goods, he is obliged to contact the complaints department of the Seller immediately,
  • In case that costumer doesn’t observe abovementioned obligations, he places himself to the risk that the later claims will not be accepted.   

5.4 Apart from the purchase price the Buyer is obliged to pay packaging and shipping costs, the amount is shown in the web interface of the e-shop and will be mentioned in the offer and its acceptance.  

5.5 The Buyer has the option to pay the purchase price of the goods to the Seller as follows:

  • prepayment by bank transfer (based on the proforma invoice),
  • in cash when receiving goods (in the shop of the Seller),
  • payment by card when receiving goods (in the shop of the Seller),
  • cash on delivery (payment to shipping company),
  • bank transfer after receiving the goods (only for contract partners).

5.6 The goods remain the property of the Seller until complete payment.

5.7 As the date of payment is considered the day when the amount is credited to the account or paid in cash to the cashier of the Seller.

5.8 In case of late payment the Seller reserves the right to charge a contractual fine of 0.5 % of outstanding amount for each day of delay.

5.9 The Buyer is not allowed, without the prior consent of the Seller, to transfer his rights and obligations of the contract and these Term and Conditions to third parties. The Seller is allowed to refer his rights and obligations of the contract and these Term and Conditions to third person. The Seller is entitled to entrust the execution of the service to a third person, but he is responsible to the Buyer in the same extent as if he fulfills himself.

5.10 The Buyer is not allowed to include his debts against debts of the Seller.

5.11 In case of payment after due date of any invoice, the Buyer loses the right for all discounts (also retroactively provided) and price bonuses and he agrees to pay them back. In this case he also loses rights from all guarantees and service works.

5.12 In case that any service includes VAT, tax rate is assessed in relation to the day of the tax point. 

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6. Warranty conditions

6.1 The Seller sells used and refurbished goods. The Buyer is aware of the fact that offered goods at the time of sale shows signs of wear due to prior use or other visual defects that don’t affect the functionality of offered goods. In case of large defects of offered goods, the Buyer is informed about the fact during the offering process by relevant salesman.      

6.2 By contractual warranty for quality (hereinafter the Warranty) the Seller pledges, that the goods will be eligible for using for the normal purpose for a certain period or will preserve usual quality. Stating the warranty period or the estimated useful life on sales receipt has the same impact. Warranty is contractual and is mentioned for every product in the e-shop, in the shop and on sales receipt.

6.3 The Buyer applies the rights arisen from the liability for defects including contractual warranty in the place of the business of the Seller. If the Buyer asserts claim, the Seller issues confirmation (document of claim) to the Buyer about the date he submitted a claim, how it was solved and about potential reparation and its duration. The moment the Seller receive the complained goods from the Buyer is considered as the moment of claim assertion.

6.4 Other rights and obligations of the parties related to the liability of the Seller for defects and contractual warranty are regulated by Warranty Claim Policy of the Seller.  

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7. The rights from the defective performance

7.1 The rights of the Buyer from the defective performance follow relevant legislation (particularly provisions of § 2161, the Civil Code) as amended.   

7.2 The Seller is responsible to the Buyer that goods at the time of receipt:

  • has properties, which the parties have agreed, and in the case of an absence of such agreement, those properties that the Seller or manufacturer described, or which the Buyer has expected in accordance to the nature of the goods and the advertisement published by them,
  • the goods are suitable for the purpose presented by the Seller, or to which such goods are ordinarily used,
  • the goods correspond with the quality or implementation to arranged sample or model, if the quality or implementation was set according to arranged sample or model,
  • the goods are in the right quantity, measure or weight,
  • the goods are suitable to requirements of the legislation.

7.3 Provisions mentioned in 7.2 does not apply to goods sold at reduced price due to a defect for which the reduced price was arranged; to wear and tear of goods caused by normal use; to used goods to a defect that reflects the wear and tear, which goods had at the time of the receipt by the Buyer or if it arises from the nature of the goods.   

7.4 The right for the defective performance does not belong to the Buyer if he knew about the defect at the time of receipt, or if the Buyer caused the defect himself.

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8. Withdrawal from the contract by the consumer

8.1 The Buyer acknowledges that according to § 1837, Civil Code as amended, it is not possible, among others, to withdraw from the contract about the supply of goods which have been modified by request of the Buyer, as well as the supply of goods which is subject to rapid deterioration, wear and tear or from the contract about the supply of audio and video recordings and computer software.     

8.2 If it is not the case mentioned in 8.1. or another case when it is not possible to withdraw from the contract, the Costumer has the right to withdraw from the contract (according to § 1829, Civil Code) within a period of fourteen days from the date goods were received.   Withdrawal from the contract has to be delivered to the Seller within fourteen days (14) from the date goods were received. Buyer can send Withdrawal from the contract to address of the seller or via email to reklamace.cz@simsmm.com (you can download the form Right of withdrawal from the contract or it can be sent on request).

8.3 Customer has to prove credibly that he bought the goods from the Seller.

8.4 In case of withdrawal from the contract in compliance with 8.2., the purchase contract is annulled from the beginning. The goods have to be delivered to the Seller within 30 working days since the withdrawal from the contract. Goods have to be delivered to the Seller undamaged and non-wear out, if it is possible in original package.

8.5 Within fifteen days (15) of receipt of the goods from the Buyer, the Seller is entitled to make review of returned goods, especially in order to find out, if the returned goods isn’t damaged, wore-out or partly consumed.

8.6 In case of withdrawal from the contract in compliance with 8.2., the Seller will return all monetary funds to the Buyer no later than ten (10) days from the end of the period for review of returned goods according to 8.5., no later than 30 days from the receipt of withdrawal from the contract by the Seller, by cashless payment to bank account given by the Buyer. The Seller is also entitled to return all monetary funds the moment the Buyer returns the goods.

8.7 In case that returned goods will be damaged, wore-out or partly consumed, the Buyer acknowledges, that the right for compensation for damage incurred is established to the Seller towards the Buyer. Seller is entitled to include the right for compensation ex parte against the claim of the refund of the Buyer. 

8.8 Until the goods are accepted by the Buyer, Seller is entitled to withdraw from the contract at any time. In that case the Seller returns purchase price to Buyer in short order by cashless payment to bank account given by the Buyer.

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9. Types of goods

The Seller sells used and refurbished ICT, unless explicitly stated otherwise. Information about type of goods is stated for each product separately in detail of the product.   

New goods

All new products from standard distribution are marked as new goods.

Refurbished

Refurbished goods are used goods. These goods come mainly from operational leasing and buyouts from big companies throughout the world. Seller puts great emphasis on the best quality of manufacturing of these products and on offer of professional computer technology. Batteries and toners are considered consumer goods and therefore remain original. Products may have surface damage corresponding to the regular user using, missing plugs or cosmetic defects which don’t influence functionality of device itself.

Sale

Used goods. Special category meant for goods with obviously defined limitation, defect or blemish meant for all users who want to use extreme discounts and get their device at even more attractive prices.


Pictures used on websites are only illustrative.

Used goods may not have Czech keyboard (ex. missing diacritics).

 

In case that Buyer orders hardware including operating system, activation of operating system is left up to him.

 

Configuration or accessories of used products can differ compared to website of the producer. Original drivers on CD or DVD aren’t included, but they are always available to download on the website of the producer of the product (for relevant operating system supported by the producer).

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10. Sending commercial messages and storing cookies

10.1 By giving contact details to the Seller, the Buyer agrees with sending of information related to goods, services or company of the Seller to e-mail address of the Buyer and also agrees with sending of commercial messages by the Seller to e–mail address of the Buyer in accordance with the Act no. 480/2004 Sb.

10.2 The Buyer agrees with storing of the cookies to his computer. In case that is possible to make a purchase on the website and the Seller can fulfill the obligations from the purchase contract without storing the cookies in the computer of the Buyer, the Buyer can cancel the consent according to previous sentence anytime.    

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11. Delivery

11.1 Unless specified otherwise, all correspondence related to the purchase agreement must be deliver in written form (via e-mail), personally or by recorded delivery by postal service (according to the choice of the sender). Correspondence to the Buyer is delivered to e-mail address stated in his user account.

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12. Personal data protection

12.1 Personal data protection of the Buyer, who is a natural person, is provided by the Act No. 101/2000 Sb., about personal data protection, as amended.

12.2 The Buyer agrees with processing of his personal data: name and surname, address, identification number, tax identification number, e-mail address, phone number (hereinafter together as “personal data”). 

12.3 The Buyer agrees with processing of his personal data by the Seller that is for the purposes of realization of rights and obligations arisen from purchase contract, for purposes of maintaining user account and for sending information and commercial messages to the Buyer.    

12.4 The Buyer acknowledges that he is obliged to state his personal data rightly and truthfully (when making registration, in his user account, when placing order in e-shop) and that he is obliged to inform the Seller in short order about any change in his personal data. 

12.5 The Seller may charge third person as “Processor” to process personal data of the Buyer. Except persons who transport goods, personal data of the Buyer won’t be passed on to third persons without prior consent.  

12.6 Personal data will be processed for an indefinite period. Personal data will be processed automatically in electronic form or non-automatically in print form.

12.7 The Buyer confirms that given personal data are exact and that he was informed about the fact that it is voluntary provision of personal data.

12.8 In case that Buyer assumes that Seller or Processor performs by processing of his personal data breach of protection of personal and private life of the Buyer or breach with the law, especially if personal data are inaccurate with regard to purpose of their processing, the Buyer can:

  • ask the Seller or Processor for explanation,
  • demand that the Seller or Processor removes that situation. Especially it can be blocking, reparation, completion or removal of personal data. If the request of the Buyer is found out justified according to the previous sentence, the Seller or the Processor removes defective situation in short order. If the Seller or the Processor doesn’t comply with the request, Buyer has the right to turn directly to the Office for personal data protection. This provision doesn’t affect the right to turn to the Office for personal data protection directly.         

12.9 If the Buyer asks for the information about processing of his personal data, the Seller is obliged to give him this information. The Seller has the right in return for providing information according to previous sentence to require adequate payment that doesn’t exceed necessary costs of providing the information.

12.10 All contracts are after their conclusion archived and aren’t accessible to public.

12.11 The Seller reserve the right to refuse the costumer, if he finds out, that costumer:

  • provided untruthful data,
  • provided data that doesn’t belong to him,
  • provided untruthful data with the intention that is in breach of laws effective in Czech Republic.
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13. Final provisions

13.1 Relationships and any eventual disputes, which arise from the contract, shall be resolved exclusively under Czech law and will be decided by the competent Courts of the Czech Republic.

13.2 Czech Trade Inspection Authority (http://www.coi.cz/en/) is appointed as an entity for Alternative Dispute Resolution.

13.3 The Seller reserves the right to change these Terms and Conditions without previous notification.

13.4 The Buyer by providing of his personal data or placing firm order confirms, that he agrees with all conditions above mentioned in its entirety.

13.5 These General Terms and Conditions are valid and effective from 01. 02. 2016 and supersede all previous versions of Terms and Conditions.

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