Terms and Conditions
business company Tako Foods sro, with its registered office at Kaprova 42/14, 110 00 Prague 1, identification number: 06654860, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 286345, for the sale of goods through an online store located at www.takofoods.cz.
Infoline: +420 777 926 495 (Mon – Fri: 10:00 – 16:00), email contact: email@example.com , correspondence address: Tako Foods s.r.o., Kaprova 42/14, 110 00 Prague 1.
Operations Manager: Tomáš Jalovec
- INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as “business conditions”) of the business company Tako Foods sro, with its registered office at Kaprova 42/14, 110 00 Prague 1, identification number: 06654860, entered in the Commercial Register kept by MS in Prague, section C, insert 286345 (hereinafter hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and the Buyer (hereinafter referred to as the “Buyer”) through the Seller’s online store. The Internet shop is operated by the Seller on a website located at the internet address www.takofoods.cz (hereinafter referred to as the “website”), through the interface of the website (hereinafter referred to as the “web interface of the shop”).
1.2. The buyer is either a consumer or an entrepreneur. In accordance with Section 419 of the Civil Code, a consumer is any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, enters into a contract with an entrepreneur or otherwise deals with him (hereinafter the “Consumer”). The Buyer, who is not a Consumer, is an Entrepreneur (hereinafter referred to as the “Entrepreneur”). An entrepreneur is also considered to be any person who enters into contracts related to his own business, production or similar activities or in the independent performance of his profession, or a person who acts in the name or on behalf of the entrepreneur. The Buyer hereby acknowledges that if he states his ID number on the order, he is considered an Entrepreneur.
1.3. The rights and obligations of the contracting parties are governed by Czech law. If the Buyer is a Consumer, the relations not regulated by these terms and conditions are governed by the relevant provisions of the Civil Code and Act No. 634/1992 Coll., The Consumer Protection Act, as amended. If the Buyer is an Entrepreneur, the relations not regulated by these terms and conditions are governed by the Civil Code.
1.4. The provisions of the business conditions are an integral part of the purchase contract. By placing an order, the buyer confirms that he has read these terms and conditions before concluding the purchase contract and that he agrees with them.
1.5. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.6. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.7. The wording of the business conditions may be changed or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
- USER ACCOUNT
2.1. Based on the Buyer’s registration made on the website, the Buyer may access its user interface. From its user interface, the Buyer can order goods (hereinafter referred to as “user account”). The buyer can also place an order without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the user account in the event of 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 username 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 to third parties.
2.5. The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
- CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the Seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 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. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller’s ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Outside the territory of the Czech Republic, these costs are determined individually.
3.4. To order goods, the Buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
a) the ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the web interface of the store);
b) the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods; and
c) information on costs associated with the delivery of goods,
(hereinafter collectively referred to as “order”).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the order, even with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The Buyer sends the order to the Seller by clicking on the “Send order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail, to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the “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 (for example in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises from the 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. Unless otherwise stated in these terms and conditions or in legal regulations, the resulting contract may be canceled or amended only by agreement of the parties.
3.8. By the purchase contract, the Seller undertakes to hand over to the Buyer the thing that is the subject of the purchase and to allow him to acquire the ownership right, and the Buyer undertakes to take over the thing and pay the purchase price to the Seller. The Seller shall fulfill the obligation to hand over the item to the Buyer by allowing the Buyer to dispose of the item at the place of performance and to notify him of this fact in a timely manner.
3.9. The buyer becomes the owner of the thing only by full payment of the purchase price. However, the risk of damage to the goods passes to the Buyer upon receipt. The same consequence of the transfer of the risk of damage will occur if the Buyer does not take over the item, even though the Seller has allowed him to handle it.
3.10. The buyer has the right to cancel the order at any time before the dispatch of the goods, without any penalty. The Buyer cancels the order by phone at the Seller’s infoline +420 777 926 495, or by e-mail at firstname.lastname@example.org .
3.11. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself, and these costs do not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. Prices of offered goods and services are listed including VAT. Special prices are valid until stocks run out.
4.2. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the Buyer may pay the Seller in the following ways:
a) in cash or by payment card at the Seller’s premises at U Prioru 804/3, 161 00 Prague 6 – Ruzyně;
b) in cash or by payment card at the DPD Pickup outlet;
c) cash on delivery in cash or by payment card at the place specified by the Buyer in the order;
d) cashless transfer to the Seller’s account No. 356741002/5500, kept with Raiffeisenbank a.s. (hereinafter referred to as the “Seller’s Account”);
e) cashless payment card via the PayU payment gateway.
4.3. Together with the purchase price, the Buyer is obliged to pay the Seller also the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.4. The Seller, unless otherwise stated or agreed by the contracting parties on the web interface of the shop, does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Articles 4.5, 4.7 and 4.10 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance. An exception is goods that are specially ordered for the customer so-called “to order”, for such items, a deposit is usually required in the full amount of the purchase.
4.5. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
4.6. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
4.7. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.8. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined with each other.
4.9. If this is customary in business relations or if so stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document – invoice will be issued by the Seller to the Buyer after payment of the price of the goods and will be sent in electronic form to the Buyer’s electronic address. Upon personal collection, the customer will receive an invoice printed on the spot.
4.10. According to the Act on the 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, within 48 hours at the latest.
4.11. In the case of delivery of goods to the Slovak Republic, the Buyer pays the order by means of an advance invoice, which is sent to him in electronic form to the Buyer’s electronic address.
4.12. In the event that an Entrepreneur with a registered office in the Slovak Republic is interested in purchasing goods without VAT, it must be an Entrepreneur with a valid VAT number listed in the VIES register. In such a case, the Entrepreneur is obliged to provide the Seller with a signed affidavit on the export of the product to the Slovak Republic.
- SHIPPING AND DELIVERY OF GOODS
5.1. If the carrier has not been designated exclusively by the Consumer, the goods are handed over to the Consumer when the carrier hands them over to him. In the event that the mode of transport is contracted on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
5.2. The Seller shall hand over the item to the Entrepreneur by handing it over to the first carrier for transport for the Entrepreneur and shall enable him to exercise the rights under the contract of carriage against the carrier. In the case of purchase contracts concluded with the Entrepreneur, the Entrepreneur always bears the risk and any additional costs associated with the mode of transport.
5.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another 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.
5.4. Upon receipt of the goods from the carrier, the Seller recommends that the Buyer duly check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event 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. Complaints about damaged goods (eg during transport) are governed by the complaint conditions of the carrier who delivered the goods to the customer. The buyer will also check the completeness of the goods on the day of receipt.
5.5. Upon personal acceptance, the Buyer will check the completeness of the goods and the integrity of the packaging. He is obliged to report any irregularities on the spot.
5.6. Pursuant to § 2159 par. 1 of the Civil Code, the Buyer is obliged to take over the goods upon delivery. The Buyer, who did not take over the goods in violation of the business conditions, is obliged to compensate the Seller for the damage caused thereby, ie in particular storage, postage and any handling fees. In the event that the contracting party is the Entrepreneur, the Seller is additionally liable for a contractual penalty in the amount of CZK 300 for such breach of the purchase contract. If the Buyer does not take over the goods, the Seller is entitled to withdraw from the purchase contract.
5.7. In the case of delivery of goods to the Slovak Republic, the price of transport is calculated on the basis of the specific weight of the shipment and the distance of transport. The price of transport is calculated in an advance invoice, which the Buyer will receive in electronic form to his electronic address.
5.8. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the Seller, if issued by the Seller.
- PERSONAL PURCHASE
6.1. As soon as the Seller prepares the ordered goods for personal collection, it will send the Buyer an invitation to collect the order via e-mail and / or SMS message.
6.2. The Seller reserves the goods free of charge in its premises for the Buyer for a period of 5 working days from the sending of the invitation to collect.
6.3. The address of the Seller’s premises for personal collection of goods is Tako Foods s.r.o., U Prioru 804/3, 161 00 Prague 6 – Ruzyně.
6.4. The Buyer has the right to agree with the Seller a free extension of the reservation of goods at the Seller’s premises, for a maximum period of 20 days. The Buyer may make an extension of the reservation period by phone or email. In the case of an e-mail request from the Buyer, the extension of the time is considered to have been agreed by e-mail or telephone confirmation from the Seller.
6.5. The Buyer hereby acknowledges that the Seller has the right to withdraw from the purchase contract if the goods have not been removed by the Buyer within 14 working days from the date on which the Seller sent the Buyer an invitation to collect the order or within the agreed extended reservation period.
6.6. The Seller has the right to charge the Buyer a reasonable amount of storage for each started day of storage from the day when the Seller sent the Buyer an invitation to collect the order, in the following cases:
6.6.1. The Buyer does not agree with the Seller to extend the time of booking the goods and will not collect the reserved goods within 14 working days from the day when the Seller sent the Buyer an invitation to collect the order;
6.6.2. The buyer will not collect the reserved goods within 7 working days from the end of the agreed extended period of reservation of goods.
- DELIVERY TIME
7.1. The ordered goods are, according to the availability and operational capabilities of the Seller, delivered as soon as possible. The usual delivery time is 1 to 7 working days from the binding confirmation of the order.
7.2. In the case of products for a special order, the delivery time is usually longer, but the Buyer is informed in advance of any extension of the delivery time.
7.3. The delivery period will be extended in proportion to the circumstances if the delay is caused by force majeure or circumstances not caused by the Seller. In the event that the delivery time is longer than 3 weeks from the binding order confirmation, unless a longer delivery time has been agreed or unless otherwise stipulated elsewhere in these terms and conditions, both parties have the right to withdraw from the purchase contract. strong>
8.1. The seller reserves the right to offer new, used and damaged goods as part of the sale.
8.2. The seller is obliged to state in the description of the goods summary information about the defects of the sale goods. If he fails to do so, the Seller is liable to the Buyer for these unspecified defects of the goods. The rights from the Seller’s liability for unspecified defects of used goods will expire if they have not been exercised within 12 months from the date of receipt of the goods by the Buyer.
8.3. If the goods offered in the sale have a defect for which the Seller is responsible, the Buyer has the right to a reasonable discount instead of the right to exchange the goods.
8.4. In the case of sale of used goods, the Seller is not liable for defects corresponding to the degree of use or wear and tear that the goods had at the time of receipt by the Buyer.
8.5. For goods sold at the sale price, the warranty conditions do not apply to defects for which the goods are offered on sale.
8.6. Liability for defects in new goods included in the sale is further regulated in the terms and conditions.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
9.1. The Consumer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the Consumer’s wishes or for him, from the purchase contract for the delivery of perishable goods and goods which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons and from the purchase contract for the supply of audio or video recordings original packaging.
9.2. If this is not the case referred to in Article 9.1. business conditions or in another case where it is not possible to withdraw from the purchase contract, the Consumer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. the subject of the purchase contract is 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 purchase contract must be sent to the Seller within the period specified in the previous sentence. To withdraw from the purchase contract, the Consumer may use the sample form provided by the Seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the Consumer to, among other things, the address of the Seller’s business premises or the Seller’s e-mail address email@example.com .
9.3. In the event of withdrawal from the purchase contract pursuant to Article 9.2. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract. If the Consumer withdraws from the purchase contract, the Consumer bears the costs associated with the return of goods to the Seller, even if the goods cannot be returned by ordinary mail due to their nature. If the Consumer has chosen a method other than the cheapest method of delivery of goods offered by the Seller, the Seller shall reimburse the Consumer for the cost of delivery of goods in the amount corresponding to the cheapest method of delivery of goods offered.
9.4. The Seller recommends that the Consumer return the goods in the condition in which they were received, ie complete, with all documentation and accessories, undamaged, clean, if possible in the original packaging. The Seller is entitled to unilaterally set off the right to compensation for any damage caused to the goods against the Consumer’s right to a refund of the purchase price.
9.5. In the event of withdrawal from the contract pursuant to Article 9.2 of the Terms and Conditions, the Seller shall return the funds received from the Consumer within fourteen (14) days of withdrawal from the purchase contract by the Consumer, in the same manner as the Seller received them from the Consumer. The Seller is also entitled to return the performance provided by the Consumer when returning the goods by the Consumer or in another way, if the Consumer agrees and there are no additional costs for the Consumer. However, the Seller is not obliged to return the received funds to the Consumer before the Consumer returns the goods or proves that he sent the goods to the Seller.
9.6. The Seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the Consumer’s right to a refund of the purchase price.
9.7. In cases where the Consumer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the Seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the Buyer. In such a case, the Seller will return the purchase price to the Buyer without undue delay, non-cash to the account designated by the Buyer.
9.8. 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 untying condition 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 given a gift.
9.9. The right to withdraw from the purchase contract pursuant to Article 9.2 of the Terms and Conditions does not apply to the Entrepreneur. If the Seller is nevertheless allowed to the Entrepreneur to withdraw from the purchase contract within fourteen (14) days, then the Entrepreneur acknowledges that the returned purchase price may be reduced by what has decreased in value.
- RIGHTS FROM DEFECTIVE PERFORMANCE
10.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (especially 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., On Consumer Protection, as amended).
10.2. The Seller is responsible to the Buyer that the goods are free of defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time when the Buyer took over the goods:
a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or which the Buyer expected with regard to the nature of the goods and on the basis of advertising made by them;
b) the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used;
(c) the goods correspond in quality or design to the agreed sample or model, if there was quality
(d) or the design determined according to an agreed sample or template;
(e) the goods are in the appropriate quantity, measure or weight; and
f) the goods comply with the requirements of legal regulations.
10.3. Unless otherwise stated in the terms and conditions, the Consumer is entitled to exercise the right of defect in consumer goods for a period of twenty-four (24) months from receipt, but if the goods do not indicate the expiration date, in which case the period is shortened only to the date indicated. on the packaging of the goods. The provisions of this article do not apply to:
(a) goods sold at a lower price for a defect for which a lower price has been agreed;
(b) wear and tear of the goods caused by their normal use;
(c) in the case of second-hand goods, for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Consumer; or
(d) if it follows from the nature of the goods.
10.4. Unless the contracting parties agree otherwise, the Entrepreneur is entitled to exercise the right of defect for a period of six (6) months from the takeover. The warranty conditions for Entrepreneurs are then identical to the standard warranty conditions of individual manufacturers, unless otherwise agreed in writing.
10.5. If the Buyer is a public benefit legal entity, a period of 24 months may be agreed with the Seller for the exercise of rights from defective performance.
10.6. Unless expressly stated otherwise in the purchase contract, the warranty period begins to run from the receipt of the item by the Buyer. The warranty period is extended by the time for which the goods were under warranty repair.
10.7. Unless expressly stated otherwise in the purchase contract, the goods sold are not intended for use in business or commercial activities and no guarantee is provided by the Seller in the event of such use.
10.8. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
10.9. The warranty covers defects in the goods, does not apply in particular to damage to the goods, improper use of goods, demonstrably unauthorized interference with the device, electrical overvoltage, use of goods contrary to instructions, instructions on the packaging or warranty card, defects caused by improper installation and operation , on goods at the end of their service life or wear and tear due to use. The right of defective performance also does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods were defective, or if the Buyer himself caused the defect.
10.10. Depending on the nature of the defect, the Buyer has the right to:
10.10.1. in the case of a remediable defect, for free, proper and timely removal of the defect or the right to replace defective goods or defective parts, unless this is disproportionate due to the nature of the defect. However, if it 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. If the above procedure is not possible, the right to a reasonable discount on the purchase price or withdrawal from the purchase contract;
10.10.2. in the case of an irreparable defect preventing the proper use of the goods, the right to exchange defective goods or to withdraw from the purchase contract;
10.10.3. in the case of remediable defects occurring in large numbers or repeatedly and preventing the proper use of the goods, the right to exchange defective goods or to withdraw from the purchase contract;
10.10.4. in the case of other irreparable defects and if it does not require the exchange of the item, the right to a reasonable discount on the purchase price or withdrawal from the purchase contract.
10.11. The Consumer is entitled to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its part or repair it, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause the Consumer difficulties.
10.12. The proof of the warranty for each purchased goods is an invoice containing data for the application of the warranty. If necessary and / or if the Buyer so requests, the Seller may issue a warranty card for the goods. If it is necessary with regard to the provided guarantee, the Seller shall state in the guarantee certificate the scope of the guarantee, the conditions, the period of validity and the manner in which the claims arising from it can be asserted. In the warranty card, the Seller shall also state that other rights of the Buyer related to the purchase are not affected.
- COMPLAINT PROCESSING
11.1. The Buyer exercises the rights arising from defective performance with the Seller at the address of its establishment, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business, without undue delay after he could detect the defect with sufficient care.
11.2. The Buyer is obliged to prove that the goods were purchased from the Seller, preferably with the original proof of purchase of goods or a completed warranty card.
11.3. The Buyer is obliged to the Seller, or authorized service, provide all cooperation to verify the existence of the defect and its elimination. The buyer is also obliged to hand over the goods for complaint clean, in accordance with hygienic regulations, including all parts and accessories.
11.4. The Seller will confirm the exercise of the right from defective performance, the repair and its duration to the Buyer by means of a complaint protocol. Complaints protocol The buyer will receive:
11.4.1. in the case of personal delivery of goods to the Seller’s premises or warehouse: immediately in printed form,
11.4.2. in the case of delivery of goods by the carrier to the Seller’s premises: within 1 working day in electronic form, sent to the Buyer’s e-mail address.
11.5. The Buyer hereby acknowledges that the Seller is not responsible for the loss or damage of data and information of the Buyer, which are stored on hard disks, memories or other information carriers, which are part of the goods taken over for complaint.
11.6. In the event of a complaint, the Buyer is entitled to reimbursement of the necessary costs incurred in connection with the complaint (especially freight in the necessary amount), if this right to compensation is exercised within one month after the expiry of the period in which the defect must be alleged.
11.7. The Seller informs the Buyer about the settlement of the complaint via e-mail and / or SMS message and / or by phone.
11.8. The Seller has the right to charge the Buyer a reasonable amount of storage for each started day of storage in the event that the Buyer does not collect the claimed goods within 60 days from the date of filing the complaint.
11.9. If a period longer than 30 days has been agreed between the Seller and the Buyer for the settlement of the complaint, the Seller shall charge the said storage fee after the expiration of one month from the day when the Buyer was notified of the settlement of the complaint.
11.10. If the Buyer does not collect his complaint within 6 months from the expiry of the deadlines specified above, the Seller is entitled to sell the claimed item. If the item is of greater value and if the Seller knows the Buyer’s address, the Seller is obliged to notify the Buyer of the intended sale in advance and provide him with a reasonable additional period to collect the item. If the uncollected claimed item is sold, the Seller shall pay the Buyer, at the Buyer’s request, the proceeds of the sale after deducting the storage fee, sale costs and any other costs incurred by the Seller for damages for which the Buyer whose item was sold.
11.11. With regard to the provisions of Section 19, Paragraph 3 of Act No. 634/1992 Coll., On Consumer Protection, as amended, the Seller and the Consumer have agreed on a time limit for settling the complaint of 30 days. The deadline for settling a complaint in the case of Entrepreneurs is 90 calendar days.
11.12. Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s complaint procedure.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
12.1. In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
12.2. The Seller handles any complaints through the electronic address firstname.lastname@example.org . The Seller shall send information on the settlement of the Buyer’s complaint to the Buyer’s electronic address.
12.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: http://www.coi.cz .
12.4. The online dispute resolution platform is available at http://ec.europa.eu/consumers/odr and it can be used in resolving disputes between the Seller and the Buyer under the purchase agreement.
12.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point for Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumers and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on resolving consumer disputes online).
12.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of ??personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
12.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
- PROTECTION OF PERSONAL DATA
13.1. Its obligation to provide information to 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”) related to the processing of the Buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling the Seller’s public law obligations.
13.2. The Buyer acknowledges that he is obliged to state his personal data correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
- SENDING BUSINESS MESSAGES AND STORING COOKIES
14.1. Pursuant to the provisions of Section 7, Paragraph 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 send commercial communications by the Seller to an electronic address. or to the telephone number of the buyer. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer’s personal data for the purpose of sending commercial communications by means of a special document.
14.2. The buyer agrees to the storage of so-called cookies on his 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 revoke the consent pursuant to the previous sentence at any time.
It can be delivered to the buyer’s e-mail address.
- FINAL PROVISIONS
16.1. 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. This does not affect the consumer’s rights arising from generally binding legal regulations.
16.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
16.3. The purchase contract, including business conditions, is archived by the Seller in electronic form and is not accessible.
16.4. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
16.5. Seller’s contact details: delivery address is Kaprova 42/14, 110 00 Prague 1, e-mail address is email@example.com , phone is +420 777 926 495.
16.6. These business conditions are valid and effective from 1 October 2020.