BUSINESS CONDITIONS FOR SALES TO CONSUMERS
Of the Self -
Ing. Michal Petrtyl
with registered seat at Panska 131, 252 67 Tuchomerice, Czechia
ID number: 74102893
registered in the Trade Register of the Municipal Office Cernosice, ref. ZIV / P13 / 3123/2010 / Tom / 3
for the sale of goods through an online store located at
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms”) of the self-employed Ing. Michal Petrtyl with registered office at Panska 131, 252 67 Tuchomerice, identification number: 74102893, registered in the Trade Register of the Municipal Office Cernosice, Ref. ZIV / P13 / 3123/2010 / Tom / 3 (hereinafter referred to as the “Seller”) shall govern in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the parties arising out of or based on the purchase contract (hereinafter referred to as the" purchase contract ") concluded between the seller and another natural person (hereinafter referred to as "Buyer") through the Seller's online store. The online store is operated by the Seller on the website located at www.praguesouvenirs.com (the "Website") through the Website Interface (the "Store Web Interface").
1.2. These terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal person or a person who acts in ordering goods in the course of his business or in the independent exercise of his profession.
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the purchase 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 or English language. The relationship established by the purchase contract is governed by the Czech law.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective date of the previous version of the Terms and Conditions.
2. User Account
2.1. The buyer can order goods without registration directly from the store's web interface. If the web interface of the store allows it, the buyer may register on the store website (hereinafter referred to as the "user account") and subsequently access and order goods from the user interface.
2.2. When ordering goods and registering on the website, the buyer is obliged to provide correct and truthful information. The Buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer when ordering goods and in the user account 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 user account.
2.4. The Buyer is not entitled to allow the use of the user account by third parties.
2.5. The Seller may cancel the user account, especially if the buyer has not used his user account for more than 12 months or if the buyer breaches his obligations under the purchase contract (including 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, or the necessary maintenance of third party hardware and software.
3. Conclusion of 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 store web interface contains information about the goods, including the prices of individual goods. Prices of goods include VAT payable in Czechia and all related fees. The prices of the goods remain valid as long as they are displayed in the store web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. This cost is calculated automatically by the store web interface during checkout of the order depending on the mode of transport selected by the Buyer, total order weight and shipping destination country.
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store web interface),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. 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 he/she has entered into the order, 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 the "CHECK OUT" button. The data listed in the order are deemed correct by the seller. The Seller shall confirm the receipt of the order to the Buyer immediately after receiving it, by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer's E-mail Address”).
3.6. If the buyer's order confirmation email is returned to the seller's online store as undelivered or undeliverable (eg due to a change or cancellation of the buyer's email address or due to temporary problems with the ISP), the seller will attempt to reach the buyer repeatedly by phone at the number stated in the order. If the Buyer fails to contact the Buyer by e-mail or telephone, the Buyer's order will be canceled.
3.7. 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 (eg in writing or by telephone).
3.8. The contractual relationship between the Seller and the Buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.
3.9. The buyer agrees to the use of means of remote communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of remote communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) are borne by the Buyer, whilst 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 goods according to the purchase contract may be paid by the buyer to the seller in the following ways:
- cash on delivery at the place specified by the buyer in the order;
- by bank transfer to Seller's account No. 670100-2208090403 / 6210, maintained by mBank S.A. (“Seller's Account”);
- via cashless PayPal Express Checkout payment gateway.
Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount per Article 3.3. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.2. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.3. In the case of cashless payment through PayPal Express Checkout, the Buyer will be transferred to the external payment gateway of PayPal for processing of his/her payment to the Seller. The process of payment is a relationship between the Buyer and PayPal and is governed solely by Terms and Conditions of PayPal valid for the country of residence of Buyer, as published by PayPal on https://www.paypal.com/us/webapps/mpp/ua/legalhub-full. The Buyer´s card will be billed immediately. The Seller rejects any kind of explicit or implicit responsibility for the payment process performed by PayPal.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment by bank transfer to the Seller's account, the purchase price is due within 30 days from the date of conclusion of the purchase contract.
4.5. In the case of cashless payment by bank transfer to the seller's account, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of a cashless payment by bank transfer to the Seller's account, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's account.
4.6. The Seller is entitled, especially if the Buyer fails to confirm the order additionally (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 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 attached to the delivery of goods.
4.9. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, 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, among other things, to withdraw from the Purchase Contract for the supply of goods which have been modified according to the Buyer's wish or for himself, from the purchase contract for the delivery of perishable goods as well as for goods which have been irretrievably mixed with other goods after delivery, from a sealed package purchase contract which the consumer has removed from the package and cannot be returned for hygiene reasons, and from a sound or video recording or computer program delivery contract if it violated their original packaging.
5.2. Unless this is 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 receipt of the goods, and if the purchase contract is for 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. Withdrawal from the contract can be sent by the buyer to the seller's e-mail address [email protected].
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 can not be returned by its nature by normal mail.
5.4. In case of withdrawal from the Purchase Contract 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 Contract by the Buyer in the same manner as the Seller accepted 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 accepts 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 proviso that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the goods together with the provided gift to the seller.
6. Transport and delivery of goods
6.1. If the mode of transport is negotiated based on a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that due to reasons on the side 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 the 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 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. This does not affect the Buyer's rights from liability for defects of the goods and other Buyer's rights resulting from generally binding legal regulations.
6.5. If the mode of transport selected by the Buyer is „Priority Mail“ or „Priority Parcel“, Seller shall dispatch the order within 2 business days or within 5 business days in exceptional cases. Dispatching means handing the package over to the carrier Czech Post. Actual delivery time to the Buyer´s mailbox or destination post office cannot be warranted in any way as it depends on factors outside of Seller´s reach, including but not limited to speed of destination country customs procedure, speed of destination country postal service and especially speed and manners of delivery from destination post office to the Buyer´s mailbox. Seller accepts no responsibility for actual delivery time. The figures indicated in order confirmation email and shipping information page of the web store interface are just estimates based on empiric experience but do not constitute any commitment of the Seller.
6.6. If the mode of transport selected by the Buyer is „Personal delivery in Prague“, Seller shall bring the ordered goods directly to the venue at the time specified by the Buyer in the order and/or agreed with the Seller consequently via email or phone and hand them over to the person designated by the Buyer. Such person shall confirm delivery of the goods by signing one copy of Invoice and Delivery Note presented by the Seller.
6.7. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7. Rights of Deffective 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 legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. as amended).
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 regards 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. Due to the specifics of small-lot production of wooden clocks and magnets with a high proportion of manual work and the use of natural materials, there may be slight differences in design and appearance when compared to large-scale industrial production. Particularly due to the natural properties of wood, in some cases, for example, the rear side may be discolored, strips of different colors or coarser structures may occur. Such differences cannot be considered a defect.
7.4. Due to the specifics of small-lot production of ceramic models, snow globes and magnets with a high proportion of handwork and the use of natural materials, there are always minor differences in design and appearance when compared to large-scale industrial production. These products made of unplazed ceramics are hand-painted, which means that each piece has the character of an original, and there are typically minor differences in color saturation and color accuracy in certain elements. Such differences cannot be considered a defect.
7.5. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.6. The seller has obligations of defective performance at least to the extent that the obligations of defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty four months of receipt. If the period of time for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions accompanying the goods or in advertising in accordance with other legislation, the quality warranty provisions shall apply. The Seller undertakes to warrant that the goods will be fit for normal use for a certain period of time or that they will retain their normal properties. If the Buyer has rightfully complained to the Seller of the defect of the goods, the time limit for exercising the rights from defective performance and the warranty period shall not run for the period during which the Buyer cannot use the defective goods.
7.7. The provisions stated in Article 7.6 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear of the goods caused by its normal use, by the buyer or if it results from the nature of the goods. The buyer does not have the right from defective performance if the buyer knew before the takeover of the goods that the goods had a defect or if the buyer himself caused the defect.
7.8. Rights from liability for defects of the goods shall be exercised by the Seller. However, if the certificate issued by the Seller regarding the scope of the liability rights for defects (within the meaning of Section 2166 of the Civil Code) specifies another person to perform the repair that is closer to the Seller or to the Buyer, the Buyer shall exercise the right to repair with the person who is to carry out the repair. Except in cases where another person according to the previous sentence is intended to carry out the repair, the seller is obliged to accept the complaint in any establishment, where acceptance of the complaint is possible with respect to the range of products or services sold, possibly also in the registered office or place of business. The Seller is obliged to give the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the Buyer requires; and confirmation of the date and method of handling the complaint, including confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the Seller for repair.
7.9. The Buyer may specifically assert rights of liability for defects of goods in person at the address Panska 131, 25267 Tuchomerice, Czechia, by telephone at the number 00420724067394 or by e-mail at the address [email protected].
7.10. The Buyer shall inform the Seller of his / her right at the time of the defect notification or without undue delay after the defect notification. The Buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer asked for repair of the defect, which proves to be irreparable.
7.11. If the goods do not have the characteristics specified in Article 7.2 of the Terms and Conditions, the Buyer may also request the delivery of new goods without defects, unless this is unreasonable due to the nature of the defect, but if the defect concerns only a part of the goods; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or to replace parts even in the case of a removable defect, if he cannot properly use the goods for repeated occurrence of the defect after repair or for a larger number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may claim a reasonable discount. The Buyer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its parts or repair the goods, or if the Seller fails to rectify the goods within a reasonable time or if the Buyer has remedied the Buyer of significant remedies.
7.12. Whoever has the right pursuant to § 1923 of the Civil Code shall also be entitled to reimbursement of costs effectively incurred in exercising this right. However, if the claim for compensation is not exercised within one month after the expiry of the period within which the defect must be complained, the court shall not grant the right if the seller claims that the claim for compensation was not exercised in time.
7.13. Other rights and obligations of the parties related 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. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the email address [email protected] The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's email address.
8.4. The Czech Trade Inspection, with its registered office at Stepanska 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 arising from the purchase contract. The online dispute resolution platform at http://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 Stepanska 567/15, 120 00 Prague 2, Internet address: http://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 based on a trade license issued in Czechia. Trade control is carried out within the scope of its competence by the appropriate Czech trade licensing office. Supervision of personal data protection is performed by the Czech 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 changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.8. The store web interface may contain links to other web sites on the Internet that are owned and operated by third parties. Seller acknowledges that Buyer is not responsible for the operation of or content located on or through any such other web site.
8.9. Unless otherwise specified, all materials appearing on this site, including the text, site design, logos, graphics, icons, and images, as well as the selection, assembly and arrangement thereof, are the sole property of the Seller or the respective product vendors. No materials from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without prior written permission of Seller. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
9. Protection of Personal Information
9.1. The Seller fulfils his obligation to inform the Buyer within the meaning of Article 13 of 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) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer's personal data for the purpose of performance of the Purchase Contract, for the purposes of negotiation of the Purchase Contract and for the fulfillment of the Seller's public obligations through a separate document.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications by the Seller at an electronic address or the buyer's phone number. The Seller fulfills its obligation to inform the Buyer within the meaning of Article 13 of the GDPR Regulation regarding the processing of Buyer's personal data for the purpose of sending commercial communications by means of a separate document.
10.2. The buyer agrees to the storing of cookies on his/her computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can at any time withdraw the consent under the previous sentence.
11.1. It may be delivered to the Buyer at the Buyer's email address.
12. Final Provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the consumer of the protection afforded by the provisions of the legal order from which there is no contractual derogation and which would otherwise apply in the absence of the choice of law under Article 6 (1) (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
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.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. Seller's contact details: delivery address Panska 131, 252 67 Tuchomerice, Czechia, email address [email protected], phone +420 724 067 394.
In Tuchomerice on 1st September 2019