Terms and conditions

The user’s and operator’s mutual rights and obligations, especially the rights and obligations deriving from this purchase contract, are governed by these terms and conditions (hereinafter the “terms and conditions”)

 1. Definitions

1.1. “E-shop” means a computer program – internet application, which is available through the internet and its web address www.AviationMike.com. Its primary functionality rests in the displaying, selecting, and ordering of goods by the user. The “purchase contract” means purchase contract according to the provisions of Art. 2079 and Civil Code concluded between the operator, as the seller, and the user, as the buyer, through the E-shop.

1.2. “Shopping cart” means a part of the E-shop that is automatically generated through corresponding functions by the user during his communication in the E-shop’s user environment, especially through adding goods and/or changing the amount of selected goods.

1.3. “Civil Code” means Act No. 89/2012 Coll., Civil Code, as amended.

1.4. “Operator” means AviationMike s.r.o org.ID number: 08900141 registered in commercial register of municipal court in Prague section C number 327251, located Jaurisova 515/4 Michle Praha 4, 140 00

1.5. “Consumer” means the user – person who concludes the contract with the operator or negotiates with him otherwise, all beyond the consumer’s business activities or the frame of his occupation.

1.6. “User” means any entity or individual who uses the E-shop.

1.7. “Goods” means an item for sale offered by the operator to the user through the E-shop and if the goods come with a licence, then including a licence to the goods.

2. Contract Concluding Process

2.1. The operator offers the possibility of concluding a purchase contract through the E-shop. The operator’s offer to conclude a purchase contract comes in the form of a button displayed in the E-shop’s user interface. The button says “Checkout”.

2.2. Once the user clicks on the given button marked “Checkout”, it is considered as his unconditional acceptance of the operator’s offer to conclude a purchase contract according to par. 2.1 of these terms and conditions.

2.3 A contractual relationship between the operator and user is established when the operator sends his order acceptance confirmation to the user through the e-mail to the user’s e-mail address.

2.4. The user pledges to complete the E-shop user environment text fields truthfully and completely and to provide his delivery address, if necessary. The user acknowledges that the operator will reasonably find the user’s entered data correct and complete and that he is not authorized to check the entered data.

2.5. All the goods presented in the E-shop user environment are only informative, and the operator is not obliged to conclude any contract in connection with these goods. The provision of Art. 1732 par. 2 of the Civil Code will not apply.

 

3. Purchase Contract

3.1. Upon concluding the purchase contract, the following provisions enter into force:

3.1.1 The user purchases from the operator his goods, which the user selected in the E-shop user environment by putting them into a shopping cart in the amount that the user selected and/or set for the given goods in the E-shop user environment, and the user pledges to pay the operator a price for those goods that is specified for such goods in the E-shop user environment.

3.1.2 The operator may withdraw from the purchase contract for any reason or with no reason specified before the goods are sent to the user. If the operator legally informs the user of its inability to deliver the goods ordered by the user, it is also considered a withdrawal from the purchase contract.

3.1.3 At any time, the operator may ask the user to confirm his order again, and he may delay the delivery of goods to the user until the user confirms his order.

3.1.4 The goods packaging method is exclusively specified by the operator. As a result, the provision of Art. 2097 of the Civil Code becomes excluded.

3.1.5 The user is obliged to pay the operator’s costs associated with the packaging and delivery of the given goods to the user in the amount specified for a given order in the E-shop shopping cart

3.1.6 In the E-shop shopping cart, the user may select from the displayed payment methods concerning the goods purchase price and other potential fees payable to the operator.

3.1.7 If any of the payment methods includes the information on costs of such a payment method completion, the user is obliged to cover the costs of such a payment method completion specified for a given payment.

3.1.8 The operator stipulates its property right to the goods that are the subject of the purchase contract until the user pays the goods purchase price in full.

3.1.9 The operator pledges to deliver its goods to the user within a reasonable period of timefrom the purchase contract closure. All the goods delivery periods specified in the E-shop enviroment are only indicative.

3.1.10 The operator will provide the user with its tax document – hard-copy invoice sent together with dispatched goods to the user’s address specified together with its order placed in the E-shop enviroment.

3.1.11 The operator provides the user with its 2- year statutory warranty for its goods, unless the given goods feature a longer warranty period in the E-shop enviroment.

3.1.12 The risk of loss, damage, and/or destruction of the goods that is the subject of the purchase contract gets transferred to the user, who is the consumer, at the moment of the given goods acceptance.

4. Price and Terms of Payment

4.1. The specified prices of goods include VAT. The prices of goods are valid as long as they are displayed in the shop’s web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

4.2. The buyer may pay the price of goods and potential costs associated with the goods delivery per the purchase contract to the seller in the following ways:

4.2.1 Cashless through a payment card in the operator’s web interface

4.2.2 Cashless through a bank transfer completed in the operator’s web interface

4.2.3 In the case of a bank transfer-based cashless payment, the user is obliged to specify theoperator-specified variable symbol.

4.2.4 In the case of a cashless payment, the user’s obligation to pay the purchase price is metonce a corresponding amount is credited to the operator’s bank account.

5. User Account

5.1. The web interface does not allow the creation of a user account. The buyer prepares the order of goods directly from the web interface of the store without creating a user account.

 6. Withdrawal from the Purchase Contract

6.1. As per the provisions of Art. 1829 par. 1 of the Civil Code, the consumer may withdraw from the purchase contract within fourteen (14) days from his goods acceptance. If the purchase contract subject includes a few types of goods, this period starts upon the last goods delivery acceptance. A withdrawal from the purchase contract must be announced to the operator (as the seller) within the period specified in this paragraph.

6.2. If the consumer withdraws from the purchase contract, he is obliged to provide his bank account number in writing, so it is possible to return the goods purchase price, which may be reduced due to applicable legal reasons.

6.3. If the consumer withdraws from the purchase contract due to goods that are returned damaged and/or worn to the operator, especially without their original goods marking, the consumer is obliged to compensate the operator for its costs of returning the goods to their original condition.

6.4. The operator is authorized to unilaterally offset its incurred loss claim against the consumer’s purchase price claim.

6.5. If the consumer withdraws from the purchase contract and the given goods are returned to the operator, the operator is obliged to return the goods price to the consumer without any unnecessary delay, not later than within 14 days from the acceptance of goods returned by the consumer.

6.6. If a gift is provided to the consumer to gether with the goods, their gift agreement concluded between the operator and consumer includes a cancellation condition, based on which their gift agreement on such a present expires if the consumer withdraws from the purchase contract, and the consumer is obliged to return his gift provided by the operator to the operator together with the goods.

6.7. The operator utilizes the possibility of out-of-court handling of consumer complaints. Acomplaining consumer may contact the operator’s responsible representative through the e-mail address info@aviationmike.com. Among other things, the consumer can use the link https://ec.europa.eu/consumers/odr to access the European Union's online out-of-court dispute resolution portal.

7. Goods Transport and Delivery

7.1. If a method of transport derives from the consumer’s special request, the consumer carries this risk and any potential additional costs resulting from this method of transport.

7.2. If it is necessary to deliver goods repeatedly or in a method different from the order due to the consumer-related reasons, the consumer is obliged to pay the repeated goods delivery costs or costs associated with the method of goods delivery.

7.3. Upon acceptance of goods from the carrier, the consumer is obliged to check the goods packaging integrity, and in the case of any defects or doubts, the consumer must immediately inform the carrier. If any damaged packaging indicates any unauthorized interference with the delivery, the consumer does not have to accept the delivery from the carrier.

8. Defective Performance Rights

8.1. The contracting parties’ rights and obligations concerning the right for compensation due to defective performance are governed by the corresponding generally binding legal regulations (especially the provisions of Art. 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

8.2. The operator is responsible to the consumer for the flawless condition of its goods upon their acceptance. The operator is especially responsible for the fact that when the consumer is accepting the goods:

8.2.1 The goods’ features are identical to the features agreed by the parties, and if there is no corresponding provision, the goods’ features are those which the operator or manufacture rdescribed or which the consumer expected, considering the goods character and their associated advertising,

8.2.2 The goods suit the purpose specified by the operator or for which they are usually used,

8.2.3 The goods’ amount, dimensions, or weight is correct,

8.2.4 The goods meet the legal regulations requirements. The provisions specified in Art. 7.2 to 7.2.4 will not apply to any goods sold at a reduced price due to a defect for which the reduced price was arranged.

8.3. If a defect surfaces during six months from acceptance, it is understood that the goods were already defective during their acceptance. The consumer may exercise his right based ona consumer goods defect within 24 months from acceptance.

8.4. The consumer may exercise his defective performance right with the operator at its facility’s address or its business facility. The moment of claim is the moment at which the operator received its defective goods from the consumer.

9. Personal Data Protection

9.1 The information concerning Consumer/User represents so-called personal data within the meaning of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personaldata and on the free movement of such data, and repealing Directive 95/46/EC (“GDPR”). And pursuant to the Personal Data Processing Act No. 110/2019 Coll. of 24.4.2019

9.2 Consumer´s/User´s personal data means in this case:
Name and surname
Invoicing address and delivery address
Telephone and e-mail contacts

9.3 Consumer´s/User´s personal data shall only be processed by the Operator (Controller in this case) for the purpose of the possibility of completing the Consumer´s/User´s order, and shall be processed and saved in the Operator´s database.

9.4 The Consumer/User has the right to ask the Operator/Controller at any time in writing to delete their personal data from the database. However, this is without prejudice of the Operator´s/Controller´s obligation to keep the invoicing data in accordance with the statutory time limit.

9.5 Consumer´s/User´s personal data will only be transferred to a third party to the extent necessary for the final processing of the order, i.e. namely to the e-shop´s administrator and the shipping companies ensuring the finalization of the order. The Operator/Controller has entered into a separate agreement to process the provided personal data with such third parties.

9.6 If the Consumer/User believes that their personal data processing contradicts the legal regulations, they will have the right to contact the Operator/Controller with a request to make remedy. If such a request is found and justified, the Operator/Controller shall promptly eliminate the defective condition. This does not affect the Consumer´s/Controller´s option to file a complaint with the Office for Personal Data Protection about contradicting processing of their personal data.

10. Final Provisions

10.1 The operator declares that its data records in its E-shop and electronic system is reliable,and that data is collected systematically, gradually, and it is protected against modifications.

10.2 Due to a technical error, the E-shop may display a goods purchase price, which significantly differs from the regular market price of such goods. In such a case, the operator is not obliged to deliver the given goods at the displayed purchase price. It will contact the user and provide him with the real purchase price of the given goods. The user may decide whether he will accept the goods for the real purchase price,

10.3. The user acknowledges that the E-shop goods photos may be indicative or possibly misleading due to their transfer to the user’s technical viewing equipment. That is why the user is always obliged to familiarize himself with the whole description of the given goods and contact the operator if there are any doubts.

10.4. The operator’s contact information for its communication with the user is specified in the E-shop user interface, specifically in the Contacts section.

10.5. These terms and conditions, including purchase contracts, are governed by the law of the Czech Republic, especially the Civil Code.

11. Contact Information

11.1 Questions about the Terms of Service should be sent to us at info@aviationmike.com.

In Prague on January 21.01.2021 AviationMike s.r.o