Terms and Conditions
1. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") apply to the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") between the Seller, the legal entity registered in the Czech Commercial Register, Svatý Sedláček, sro, Čechova 1247/6, CZ-79001 Jeseník, Czech Republic, Company ID: 076 78 355, Tax ID: CZ07678355 (hereinafter referred to as "Seller") and another natural person (hereinafter referred to as the "Buyer") through the Seller's online store in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Czech Civil Code (hereinafter referred to as the "Civil Code"). The online store is operated by the Seller on a website located on the Internet address https://svatyolej.cz (hereinafter referred to as the "Website"), through the website interface (hereinafter referred to as the "Web Store Interface").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or a person acting in the ordering of goods in the course of his/her business activity or in the course of his/her independent profession.
1.3. Provisions different from the Terms and Conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech and English. The purchase contract can be concluded in Czech and English.
1.5. Seller may change or supplement the wording of the Terms and Conditions. This provision shall not interfere with the rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. User account
2.1. Based on the Buyer's registration on the website, the Buyer can access his/her user interface. From the user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the Buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the Buyer in the user account and when ordering goods are considered correct by the Seller.
2.3. Access to the user account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her user account.
2.4. The Buyer is not entitled to allow the use of the user account to third parties.
2.5. The Seller may cancel the user account, especially if the Buyer has not used his/her user account for more than 2 years, or if the Buyer breaches his/her obligations under the purchase contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively, necessary maintenance of third party’s hardware and software.
3. Conclusion of a purchase contract
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the Seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain 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 negotiated conditions.
3.3. The shop's web interface also contains information about the costs associated with packaging and delivery. Information on the costs associated with the packaging and delivery of goods stated in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills in the order form in the web interface of the shop. The order form contains information about:
Ordered goods (the ordered goods are "put" by the Buyer into the electronic shopping cart of the web interface of the shop),
the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods;
information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data entered into the order by the Buyer, also with regard to the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer sends the order to the Seller by clicking on the "Order" button. The data listed in the order they are deemed correct by the Seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The Buyer agrees to use the means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) are borne by the Buyer, which costs do not differ from the standard rate.
4. Price of goods and payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract can be paid by the Buyer to the Seller in ways that the web interface of the shop allows at the time of order.
4.2. Together with the purchase price, the Buyer is obliged to pay the Seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to Article 4 (4.6) of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.6. The Seller is entitled, especially if the Buyer does not confirm the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue to the Buyer a tax document – invoice regarding payments made under the purchase contract. The Seller is not a payer of value added tax. The tax document / invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's e-mail address.
4.9. In cases stipulated by the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, in such a case, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, no later than 48 hours.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that under the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract for the supply of goods which has been modified according to the Buyer's wish or for his/her person, which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygiene reasons, and from a contract for the delivery of audio or video recordings or computer programs, if the original packaging is damaged by the Buyer.
5.2 If this is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code within fourteen ( 14) days from the receipt of goods, where in the case of the purchase contract if several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the Buyer can use the sample form provided by the Seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller by the Buyer within fourteen (14) days from the delivery of the withdrawal from the contract to the Seller. If the Buyer withdraws from the purchase contract, the Buyer bears the cost of returning the goods to the Seller, even if the goods cannot be returned by its nature by normal mail. The maximum cost of returning such goods is estimated at CZK 5,000.
5.4. In case of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within fourteen (14) days from the withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that the goods sent to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer's claim for refund of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time until the Buyer receives the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by bank transfer to the account specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the provision that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective, and the Buyer is obliged to return the provided gift.
6. Transport and delivery of goods
6.1. If the mode of transport is negotiated on the basis of a special request of the Buyer, the Buyer bears the risk of possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged to deliver the goods to the place specified by the Buyer in the order under the purchase contract, the Buyer is obliged to take the goods on delivery. If the Buyer does not take delivery of the goods upon delivery, the Seller is entitled to charge a storage fee of 100 CZK (in words: one hundred Czech crowns) or the Seller is entitled to withdraw from the contract.
6.3. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively costs associated with other delivery methods.
6.4. When receiving 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 notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the shipment, the Buyer need not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery terms of the Seller, if issued by the Seller.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Czech Civil Code and Act No. 634/1992 Coll. as amended).
7.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time when the Buyer took over the goods:
7.2.1. the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the Seller or the manufacturer or expected by the Buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the Seller or for which goods of this kind are usually used,
7.2.3. the goods correspond to the quality or design agreed upon in the agreed sample or model, if the quality or design was determined according to the agreed sample or model, 7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Article 7 (7.2) of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use; the goods had upon receipt by the Buyer, or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance shall be exercised by the Buyer at the Seller's address, where acceptance of the claim is possible with respect to the assortment of goods sold, possibly also at the registered office or place of business.
7.6. Defects are not considered to be inconsistent with the concluded contract if the goods or service do not have any characteristics, standard or level of quality beyond that expressly stated.
7.7. Other rights and obligations of the parties relating to the Seller's liability for defects may be regulated by the Seller's complaints procedure.
8. Other rights and obligations of the contracting parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of § 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the Seller via the e-mail address email@example.com The Seller will send information on the settlement of the Buyer's complaint to the Buyer's e-mail address.
8.4. The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes. The online dispute resolution platform at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer under the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The Seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Czech Civil Code.
8.8. The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of offered goods or illustrative photographs of provided services) are protected by copyright. The Buyer undertakes not to engage in any activity that could allow him or third parties to tamper with or misuse the software or other components constituting the web interface of the store.
8.9. The Buyer is not entitled to use mechanisms, software or other procedures that could adversely affect the operation of the Shop Web Interface when using the Shop Web Interface. The web interface of the shop can be used only to the extent that it does not prejudice the rights of other customers of the Seller and which is in accordance with its purpose.
8.10. The Buyer acknowledges that the Seller is not liable for errors resulting from third party interference with the website or from the use of the website in violation of its purpose.
9. Protection of personal data
9. 1. The protection of Buyers' personal data is provided in particular by Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) referred to as "GDPR Regulation") and Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2. The Seller, as a personal data controller, processes the Buyer's personal data to facilitate the purchase of goods through the online store, including the registration of the Buyer, delivery of goods, handling withdrawal from concluded purchase contracts, claims for replacement and complaints, or for the purpose of competitions, the provision of long distance support, and asserting the rights and claims of the Seller against the Buyer and third parties.
9.3. The Seller has no data protection officer.
9.4. The Seller processes the following personal data of the Buyers: name and surname, home address and possibly delivery address, identification number, tax identification number, bank account number and related payment information, e-mail address, telephone number, data on purchased and claimed goods including order history, as well as any other information provided by the customer when making a complaint or complaint (hereinafter collectively referred to as "personal data").
9.5. The legal basis for the processing of personal data under these Terms and Conditions is Article 6 (1) (a). b) and c) of the GDPR Regulation, whereby the described processing is necessary for the fulfillment of the Seller's contractual obligations towards the Buyer under individual concluded sales contracts and also for the Seller's obligations under the generally binding legal regulations (especially to the extent contract and the Seller's statutory liability for defects and guarantee for the quality of goods sold).
9.6. The Buyer acknowledges that he/she is obliged to present his/her personal data (upon registration, in his/her user account, when ordering from the web interface of the shop) correctly and that he/she is obliged to inform the Seller without any undue delay.
9.7. The Seller may authorize the e-shop provider webnode.cz to process the Buyer's personal data. Except for persons transporting goods and public authorities, personal data will not be passed on to third parties without the Buyer's prior consent.
9.8. Personal data according to these Terms and Conditions will be processed during the period of registration of the Buyer in the online store, during the warranty period of the Buyer of the purchased goods, until a specific complaint has been settled, and flight. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
9.9. The Buyer confirms that the personal information provided is accurate and that he/she has been advised that this is a voluntary disclosure of personal information.
9.10. The data subject has the right to file a petition with the Office for Personal Data Protection of the Czech Republic if he/she believes that he/she is directly affected by his/her rights stipulated by the GDPR Regulation or relevant legislation.
9.11. The data subject shall have the right to (i) request access to personal data, (ii) to correct personal data, (iii) to delete personal data, (iv) to limit processing of personal data, (v) to the portability of personal data, and (vi) the right to object to the processing of personal data. The data subject may exercise these rights against the Seller:
a) in writing by sending a letter to the address of the Seller's registered office,
B) electronically by sending an e-mail to the above e-mail address; or
c) by telephone at the contact number provided in the web interface of the shop.
10. Storing cookies
10.1. The Buyer agrees to the storing of cookies on his/her computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the purchase agreement without storing so-called cookies on the Buyer's computer, the Buyer may at any time withdraw the consent at any time.
11.1. Unless otherwise agreed, all correspondence related to the contract must be delivered to the other party in writing, either by e-mail, in person or by registered mail (at the option of the sender). It is delivered to the Buyer at the e-mail address specified in his/her user account.
11.2. Notices are delivered to the appropriate contact address of the other party and are deemed delivered and effective at the time of delivery, with the exception of the notice of withdrawal made by the Buyer when the withdrawal is effective, if the notice is sent by the Buyer within the withdrawal period. Notification shall also be deemed delivered if it has been rejected by the addressee, not picked up during the storage period or returned as undeliverable.
11.3. The Parties may deliver regular correspondence to each other by e-mail to the e-mail address specified in the Buyer's user account or specified by the Buyer in the order, respectively to the address on the Seller's website.
12. Final Provisions
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This will interfere with the consumer rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and amendments to the purchase contract or the terms and conditions require written form.
12.3. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. An example form for withdrawal from the purchase contract is attached to the business conditions.
12.5. Seller's contact details: delivery address Čechova 1247/6, 790 01 Jeseník, e-mail address firstname.lastname@example.org, phone 774 50 99 73.