Allgemeine Geschäftsbedingungen

 

Contact informations

E-shop address: https://www.mamlux.eu/
Operator: DX Services, s.r.o.
Residence: Sedmikrásková 736/8, 10300 Praha 10, Czech Republic
VAT NUMBER: CZ27075117
Email: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!
Contact address and business address: Sedmikrásková 736/8, 10300 Praha 10, Czech Republic

 

Basic informations

In terms of conditions, the buyer is considered as a consumer. The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods. The seller does not charge any fees depending on the method of payment. At the same time the seller is obliged to register received revenue with the tax administrator online; in the event of a technical problem, then within 48 hours at the latest. Acceptance of an offer with the addition of or the difference is not the acceptance of the offer. Confirmation of the content of the contract concluded in a form other than in writing, which shows deviations from what was actually agreed content of the contract has no legal effect. Acceptance of unsolicited performance by the buyer does not mean acceptance of the offer. Product photos listed at the pages of the shop are illustrative and the final form of the spare parts may be different, but it's functionality and quality is not reduced in any way.

 

Important informations before purchasing

Order spare parts only on the basis of the correct production number of the appliance. Spare parts for different serial numbers are not the same, customers do not fit spare parts into their appliances. If you do not find your serial number of your appliance on our website, contact us and we will add spare parts for your serial number to our website.

Each customer is responsible for the proper installation, use and maintenance of products purchased in our online store.

Please note that some products must be installed by an authorized and qualified professional to avoid any risk of equipment damage, injury, or other damage. It is always necessary to read carefully and fully respect all instructions contained on the product packaging or instructions for use. If the instructions for use are missing and you do not know what to do, write to us.

The company DX Services, s.r.o. the operator of the online store www.mamlux.eu does not bear any responsibility for deficiencies, damages or injuries caused by: incorrect installation, manipulation, use or maintenance of the product or appliance in which (or to which) the product was installed, resp. use. This is a breach of the customer's obligations. Neither even by violating the preventive obligations set out in the framework of safety or by preventing damage by valid generally binding legal regulations.

If you have any questions regarding the service of Electrolux, Bosch, Siemens, etc. products and equipment, you can contact the nearest authorized service center in your city.

 

Delivery of goods

Goods marked “IN STOCK” can be picked up at our premises immediately; in the case of delivery by transport company, such goods will usually be sent on the second working day. The seller will ship the goods to the buyer in completed or in it´s part within 30 working days of order confirmation. For payments in advance to a bank account or online payment by card, the delivery time is calculated from the next working day after the day when the money was credited to our bank account.

Please note that spare parts are delivered from Germany and the delivery time of spare parts that are not in stock at the supplier may be extended. Contact us for more information about the status of order.

The price of transport is governed by the price list of the seller, which is current on the day of the order and is marked in the order. If the goods are not delivered to the buyer for reasons on the part of the seller within three working days from the date of the seller, the expected delivery date, provided that all conditions are met by the buyer (especially payment of the purchase price in advance, if this form of payment of the purchase price is chosen) , the buyer has the right to withdraw from the contract (this does not affect his other rights).

In the event that it is not possible to process the order or some goods are not in stock, we will inform you of this fact without undue delay. In the event that the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly, the seller reserves the right to cancel the order. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer pays part or all of the purchase price, this amount will be returned to his bank account.

The buyer is obligated to take over the goods and pay. The buyer is advised to inspect the goods as soon as possible after receipt. If the buyer does not take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. Costs associated with another method of delivery.

Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has not been damaged. If you receive damaged goods, it is necessary to write a report with the carrier and acceptance of damaged goods and inform us immediately. The buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to compensation for damage caused to the buyer. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer's right to a refund of the purchase price. The seller shall send the documents for the goods, in particular the tax document, confirmations and certificates, to the buyer immediately after receipt of the goods, no later than within two days of receipt of the goods by the consumer.

 

Purchases for VAT payers, 0% VAT

Before purchasing for corporate VAT payers, first contact us to verify the correctness of the VAT ID. After verification, a discount coupon for the VAT rate will be issued, which is used to deduct the VAT rate in the basket when confirming the order. If the VAT ID verification is not performed before the purchase, the VAT rate deduction cannot be deducted.

 

Payment information

Payment online with credit card. Accepted credit cards are VISA and MasterCard. Payment is not performed on our website but on the bank's external website.

 

Shipment information

In table below you can find country and price of shipment (in EUR).

Austria - 11, Belgium - 15, Croatia - 11, Bulgaria - 20, Cyprus - 30, Denmark - 15, Estonia - 15, Finland - 30, France - 20, Germany - 11, Greece - 30, Hungary - 13, Ireland - 20, Italy - 20, Latvia - 15, Lithuania - 15, Luxembourg - 15, Malta - 30, Netherlands - 15, Poland - 11, Portugal - 30, Romania - 11, Slovakia - 6, Slovenia - 9, Spain - 20, Sweden - 30

 

Order cancellation and withdrawal from the contract

The buyer may withdraw from the contract within 14 days of receipt of the goods or the last part of the delivery, regardless of the method of receipt of goods or payment. The specified period is intended to acquaint the buyer to a reasonable extent with the nature, properties and functionality of the goods. The buyer is entitled to withdraw from the contract at any time before delivery of the goods.

Withdrawal from the contract will be sent or handed over by the buyer to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, it is appropriate to state the date of purchase or the number of the contract / sales document, bank details and the chosen method of returning the goods in the withdrawal.

The seller is obliged to return to the buyer the amount fully corresponding to the price of the goods and the paid costs for its delivery within 14 days of withdrawal from the contract, in the same way as he received payment from the buyer. If the seller offers several options within a certain method of delivery of goods, he is obliged to pay the buyer the cheapest of them. The buyer is obliged to send or hand over the purchased goods to the seller within the same period. The goods should be returned to the seller complete, preferably in the original packaging, must not show signs of use or damage. The cost of returning the goods is paid by the buyer.

The seller is not obliged to return the received money to the buyer before the buyer hands over the goods or proves that he sent the goods to the seller. If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim from the buyer compensation for the reduction in the value of the goods and set it off against the amount returned.

The seller is entitled to withdraw from the contract at any time before delivery of the goods, if he is not objectively able for reasons on the part of third parties to deliver the goods to the buyer within a period appropriate to the circumstances and / or if it turns out that the buyer has breached a previously concluded contract with the seller.

The seller also warns the buyer that the contract is not concluded if there are legitimate doubts about the true identity of the buyer or in case of obvious errors in the information about the goods or price.

 

Rights and obligations from defective performance

Quality on acceptance

If the received goods have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are incomplete, do not correspond to its quantity, size, weight or quality does not correspond to other legal regulations, contractual or pre-contractual parameters), these are defects of goods, for which the seller is responsible.

The buyer may claim from the seller, no later than two years from the take over of the goods at his request, the right to free removal of the defect or a reasonable discount on the price; if this is not disproportionate to the nature of the defect (especially if the defect cannot be remedied without undue delay), the requirement to deliver a new item without defects or a new part without defects may be applied if the defect concerns only this part.

If repair or exchange of goods is not possible due to withdrawal from the contract, the buyer may demand a refund of the purchase price in full. Within six months of receipt of the goods, it is assumed that the goods were defective at the time of take over.

The seller is not obliged to comply with the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over the goods or caused the defect himself.

The seller is not responsible for defects on used goods that are now for sale. Defects must correspond to the degree of previous use. For items which were sold at a lower price, the seller is not responsible for the defect for which the lower price was agreed. Instead of the right to exchange the goods, the buyer is entitled to a reasonable discount in these cases.

Legal rights from defects

The seller is responsible for defects arising after receipt of the goods during the 24-month warranty period or during the shelf life stated in the advertisement, on the packaging of the goods or in the attached instructions.

In this period, the buyer may file a complaint and at his option a defect that constitutes a material breach of contract (regardless of whether rediable or irremediable defect):

  • elimination of the defect by delivery of a new item without a defect or by delivery of a missing item;
  • free removal of the defect by repair;
  • a reasonable discount from the purchase price;
  • refund of the purchase price on the basis of withdrawal from the contract.

Substantial is a breach of contract which the breached party already knew or should have known at the time the contract was concluded that the other party would not have entered into the contract if it had foreseen the breach. In the event of a defect that constitutes a minor breach of contract (regardless of whether the defect is remediable or irremediable), the buyer is entitled to get eliminate the defect or receive a reasonable discount on the purchase price.

If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange the goods or withdraw from the contract. The seller is not responsible for defects caused by normal wear or failure to follow the instructions for use.

 

Complaint handling

The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.

The buyer is obliged to inform the seller which right he has chosen when notifying the defect or without undue delay after notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.

If the buyer does not choose his right from a material breach of contract in time, he has the rights as in the case of a minor breach of contract.

The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling a complaint runs from the moment the complaint is filed (notified). The buyer will hand over or deliver the goods to the seller or to the place designated for repair at the same time or subsequently after the complaint has been lodged. The goods should be packed in suitable packaging during transport to prevent damage, it should be clean and complete.

The seller is obliged to decide on the complaint immediately, no later than within three working days, or that the decision requires professional assessment. Information on the need for expert assessment must be communicated to the buyer within this period. Complaints, including the elimination of defects, the seller will handle without undue delay, no later than 30 days from its application, unless they agree in writing with the buyer on a longer period. After this period, the buyer has the same rights as if it was a material breach of contract.

If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.

The warranty period is extended by the time from the claim to its settlement or until the time when the buyer was obliged to pick up the item. When exchanging the goods or part thereof, the seller's liability applies as if it were a purchase of new goods or part thereof.

If it is not possible to monitor the status of the complaint online, the seller undertakes to inform the buyer of the complaint by e-mail.

In the case of a justified complaint, the buyer is entitled to compensation for the costs expediently incurred.

Send complaints and correspondence to the address of our establishment - MAMLUX, Sedmikrásková 736/8, 10300 Praha 10, Czech Republic.

 

Protection of personal data

The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller.

Identification and contact details of the administrator

E-shop address: https://www.mamlux.eu/
Operator: DX Services, s.r.o.
Residence: Sedmikrásková 736/8, 10300 Praha 10, Czech Republic
VAT NUMBER: CZ27075117
Email: Diese E-Mail-Adresse ist vor Spambots geschützt! Zur Anzeige muss JavaScript eingeschaltet sein!
Contact address and business address: Sedmikrásková 736/8, 10300 Praha 10, Czech Republic

The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, securing removal from storage and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and save in accordance with Regulation (EU) 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, company name, ID number, VAT number, e-mail and telephone number (or add other data which will be processes - payment data, etc.).

The legal basis for the processing of personal data is, in accordance with Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party.

The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:

  • to the contractual carrier chosen by the buyer in the order form, for the purpose of delivery of goods, the list of carriers is available here, the data will be provided in the following range: name, surname, address, e-mail, telephone number;

Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal from storage and delivery of goods) and also for the statutory warranty (24 months from receipt of goods) or for the duration of the contractual guarantee.

The Buyer acknowledges that pursuant to Section 31 of the Accounting Act (No. 593/1991 Coll.), The Buyer is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods during 2018, the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal data: name, surname and address.

The Buyer also acknowledges that the administrator is obliged under § 35 of the Value Added Tax Act (No. 235/2004 Coll.) To keep tax documents for 10 years from the end of the tax period in which the performance took place (ie, if you buy goods during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address, in the case of a company also ID number, VAT number and company name.

The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR, he has the right to:

  • access to personal data, which consists of the right to obtain confirmation from the administrator as to whether or not the personal data concerning him are being processed and, if so, he has the right to access such personal data and information as defined in Article 15 of the GDPR;
  • correct inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement under Article 16 of the GDPR;
  • erasure ("right to be forgotten"), which consists in that the administrator delete the buyer's personal data without undue delay as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legitimate reason for further processing;
  • limit the processing of personal data in the cases defined in Article 18 of the GDPR;
  • data portability under the terms of Article 20 of the GDPR;
  • object to the processing of personal data under Article 21 of the GDPR.

Upon request, the administrator shall provide the buyer information on the measures taken in any case no later than one month from the receipt of the request. In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and file a complaint.

 

Conflict solving

Mutual disputes between the seller and the buyer are resolved by ordinary courts.

Pursuant to the Consumer Protection Act (No. 634/1992 Coll.), A buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The Czech Trade Inspection Authority is the entity that is authorized to resolve out-of-court disputes. The Czech Trade Inspection Authority supervises compliance with the obligations under the Consumer Protection Act (No. 634/1992 Coll.). More information is available on the website https://www.coi.cz/

Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The proposal may be filed no later than 1 year from the date on which the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.

The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at http://ec.europa.eu/consumers/odr/

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