- 1. PRELIMINARY PROVISIONS
Internet shop at http://www.zuzanavesela.cz (hereinafter referred to as "online store") is operated Mrg.art. Zuzana Vesela registered at: V.P.Čkalova 798/24, 160 00 Prague 6, Czech Republic, registered in the Trade Register maintained by the City District Prague 6, VAT: 04996810, (hereinafter referred to as "Seller" or "operator"), bank: Fio Banka a.s., no. account: 2701340867/2010
1.2.1. The buyer is every visitor to the Internet business, regardless of whether they act as consumers or as an entrepreneur (hereinafter the "Buyer").
1.2.2. Consumer purchaser is a natural person who at the conclusion of the contract is not in his commercial or other business activity (hereinafter "the consumer").
1.2.3. Entrepreneur is a buyer who is not a consumer. For the entrepreneur is also considered every person who enters into a contract related to its own business, manufacturing or similar activities, or if a separate exercise of their profession, or a person acting for or on behalf of the entrepreneur (hereinafter referred to as "entrepreneur").
1.3 TERMS AND CONDITIONS
1.3.1. These terms and conditions ( "Terms and Conditions") govern the mutual rights and obligations arising in connection with or under purchase contracts between sellers and buyers through an online store (the "Purchase Agreement").
1.3.2. Terms and conditions are an integral part of the purchase contract. Unless the purchase contract or its annexes expressly indicated differing understandings or validity of certain provisions of these terms and conditions is not a purchase contract or other specific agreement between the seller and the buyer is excluded or otherwise modified, applies in other mutual relations of the Parties to these terms and conditions.
1.3.3. Legal relationships of the Seller with the Buyer not specified in these general terms and conditions are governed by the Act no. 89/2012 Coll., Civil Code. The legal relationship of the seller and the consumer is currently governed by Act no. 634/1992 Coll., On consumer protection, as amended.
2. ESTABLISHMENT OF THE PURCHASE CONTRACT, DELIVERY AND PAYMENT
1.2 OFFER OF GOODS
Products offered through the pages of an online store is offering merchandise that is for informative purposes only. Offer of goods is not considered a proposal to deliver goods within the meaning of § 1732 paragraph. 2 of the Civil Code and the operator is not obliged to conclude a purchase agreement regarding the goods offered.
2.2.1. Order buyer can create using the form on the website online store. When you create an order using a form first buyer selects the goods which he is interested. After selecting the desired quantity, mode of transport (see Art. 2.4.1.) And the method of payment (see Art. 2.5.1.), The buyer confirms his order, thereby submits a binding purchase contract between the buyer and operator.
2.2.2. Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, even considering the option buyer to detect and correct errors during data entry into the order.
2.2.3. The buyer sending the order confirms that these terms and conditions and read in its entirety agrees with them.
2.3 ENTERING INTO A PURCHASE AGREEMENT
2.3.1. The operator undertakes to adopt the draft contract the buyer (the order), if this proposal is not in conflict with the terms and conditions and the operator does not have a specific reason to believe that the buyer purchase contract breaches. Operator confirms receipt of the draft report through to the buyer's email address.
2.3.2. The contractual relationship between the provider and the buyer arises delivery order acceptance (acceptance), which is the operator of the buyer sent to the email address you stated in the order.
2.3.3. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase contract (eg. The cost of internet connection or telephone costs) borne by the Buyer.
2.3.4. Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.3.5. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
2.4 WAY OF TRANSPORTATION
2.4.1. Unless otherwise agreed purchase contract, delivery method determined by the Seller. In the event that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk of transport in such a way, including any additional costs to the chosen mode of transport.
2.4.2. The dispatch of the goods the operator undertakes to inform the buyer to the email address provided by the buyer when the order said.
2.4.3. Sending the ordered goods means send it to the address given by the buyer when the order. Operator reserves the right added the cost of postage to the price of the order according to the current tariffs of the Carrier.
2.4.4. In the case of sending goods abroad operator reserves the right to a standard added the transport cost of additional costs for shipping abroad.
2.5 METHOD OF PAYMENT
2.5.1. The operator has a choice of the following payment methods: credit card over the Internet through a payment gateway 3-D Secure, bank transfer after the completion of orders for delivery on receipt from the shipper or PayPal.
2.5.2. When selecting payment by credit card over the Internet will be the buyer upon completion of orders redirected to a third-party payment server, which fills in the required payment. After verifying the validity of the order will be confirmed and the purchase price is deducted from the buyer's account.
2.5.3. When choosing the EFT payment the purchaser shall pay the price of the order before its execution to the seller's bank account. To process orders and payment must be paid under the variable symbol, which is the order number and the buyer gets the checkout. In the case of payment for the goods by bank transfer is deemed purchase price as paid on the day when the relevant amount is credited to the account of the seller.
2.5.4. In the case of payment on delivery upon receipt of goods from the carrier operator reserves the right added the cost of the equipment on delivery orders to the price according to the current tariffs of the Carrier.
2.5.5. When selecting a payment via PayPal buyer will be redirected after completing the order to third-party server, where they will be prompted to log in to their PayPal account. After verifying the validity and sufficient balance on PayPal account, the order will be confirmed and the purchase price is deducted from the buyer's PayPal account.
2.5.6. Any changes, including changes in prices in the online store are reserved. Price is valid at the time of ordering.
2.5.7. Prices of goods and services offered include VAT. If no prices explicitly stated that the price is without VAT.
2.6 RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO A PURCHASE AGREEMENT
2.6.1. The operator is obliged to deliver the ordered goods at the agreed price and the buyer is obliged to accept the goods and pay the purchase price.
2.6.2. In case of violation of the terms of the purchase contract or business conditions the buyer operator reserves the right to withdraw from the contract. In this case, the buyer will be obliged to pay the operator all costs associated with his order, especially the cost of sending the goods if the buyer does not accept it.
2.6.3. The buyer is obliged especially when ordering goods to be correct and true information. Data necessary for the conclusion of a contract given by the buyer by the seller are deemed correct.
2.6.4. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
2.6.5. The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
2.6.6. All communications from the seller to the buyer may be delivered to the email address specified in his user account or given by the buyer in the order.
3.1. DELIVERY TIME
3.1.1. The operator is obliged to send the goods to the buyer as soon as possible. Delivery time if u goods indicated, is only informative and not binding for the operator.
3.1.2. The operator is not liable for damage caused by delay sending or delivering the goods for any reason.
2.3 TRANSPORT, DELIVERY AND TAKEOVER OF GOODS
3.2.1. The buyer acquires ownership right to the goods kupovanému the takeover. Upon the receipt of the goods to the buyer also the risk of damage to the goods.
3.2.2. Also included is a proof of purchase of goods, which specifies the date of sale, labeling of goods, purchase price and details of the seller. The seller sends the buyer to request a tax document in electronic form.
3.2.3. When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into consignment shipment is recommended buyer to assume from the carrier and complete record of the shipment damage. By signing the delivery note buyer confirms that container shipments containing goods were untouched.
3.2.4. Complaints of mechanical damage to the goods not conforming goods etc., That were not apparent when accepting the shipment from the shipper, the buyer must be applied immediately after their discovery. The operator is not liable for damage to goods incurred during transport, if the buyer immediately the damage is not applicable in accordance with paragraph. 3.2.3. and 3.2.4. these terms and conditions.
3.2.5. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4. WITHDRAWAL FROM THE CONTRACT
4.1. WITHDRAWAL FROM THE CONTRACT BUYER
4.1.1. If the purchase contract concluded by means of distance communication (internet shop), the consumer in accordance with § 1829 et seq. Civil Code the right, without giving any reason and without any sanction to withdraw from the contract within 14 days of receipt of goods.
4.1.2 If a consumer within the statutory 14 day period shall inform the operator that withdrawing from the contract, the purchase contract is canceled from the beginning. The withdrawal consumer may use the confirmation of the purchase, which he received along with purchased goods or the generic form of withdrawal and complaints. In the form should indicate at least the name and surname of the purchaser, order number, description of goods and account number for a refund. A sample form can be downloaded here.
4.1.3. Deadline for withdrawal from the contract within the statutory 14 day period is considered maintained if the consumer during the course of the seller sends a notification withdrawing from the contract.
4.1.4. In the event that the consumer withdraws from the contract within the statutory 14 day period and returned goods is not complete without packaging or is demonstrably used or damaged, the operator is liable to the purchaser is entitled to damages and is entitled to thus entitled to compensation unilaterally offset the claim of the consumer against the operator to refund the purchase price. The operator in this case returns to the consumer only such reduced purchase price.
4.1.5. The consumer acknowledges that pursuant to § 1837 of the Civil Code can not withdraw from the contract in the cases listed here, especially in the case of delivery of goods which have been modified according to the wishes of the buyer or his person, as in the case of supplies of goods subject to rapid deterioration, as well as goods which after delivery irrevocably mixed with other goods, sealed goods that buyers of unsealed hygienic reasons it is not possible to return (eg. lingerie and swimwear), supply audio or video recordings or computer program, if violated their original packaging, or delivery of newspapers, periodicals or magazines.
4.1.6. Buyers in the case of using the right of withdrawal will send or transmit seller without undue delay, within 14 days of withdrawal, goods received from him, including all its components and accessories.
4.1.7. Withdraws If the consumer legitimately from the contract, the operator shall, without undue delay, within 14 days of withdrawal, return all funds, including the costs of delivery of goods in the amount corresponding to the cheapest offered ways of delivery, and it basically the same way as He is accepted. Seller will return the consumer received peněžení means other way only if the consumer has agreed and if he does not incur additional costs.
4.1.8. If the consumer withdraws from the contract, the operator is not obliged to return the funds received by consumers before his consumer goods pass or prove that the goods sent to the operator.
4.1.9. If the consumer withdraws from the contract legitimately, the operator returns postage costs in the amount corresponding to the cheapest offered ways of sending goods, usually an amount of CZK 74. The refund amount is based on the price list of the Czech Post. In the case of consumer goods delivered in person, the compensation does not belong to him. If the consumer returns the goods from one order in multiple deliveries are entitled to a refund of only one usual postage.
4.1.10. In cases where the goods can not be returned to their character usual postal route, the buyer is entitled to reimbursement of costs only in the amount that corresponds to the cost of postage in the amount corresponding to the cheapest offered ways of delivery, usually an amount of CZK 74.
4.1.11. If the purchaser withdraws from the contract illegally and send the goods to the operator yet, not goods taken, or will be at the expense of consumers sent back.
4.1.12. If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
4.2. WITHDRAWAL FROM THE CONTRACT OPERATOR
4.2.1. The operator shall ensure good orientation in the market selling goods, but may occur in rare situations where it would be unable to deliver the goods ordered under the terms agreed in the purchase contract. The operator therefore reserves the right in such cases to withdraw from the contract.
4.2.2. The operator has the right to withdraw from the contract also where, if there are significant changes in prices from the supplier of the goods ordered, if there have been significant changes in the prices of goods transport, or if it finds an operator that the goods were erroneously offered at the wrong price and the buyer did not accept the appropriate change purchase contract, ie. an increase in commodity prices or an increase in transport costs.
4.2.3. Buyer acknowledges that Seller is entitled to rescind the purchase contract concluded with the buyer, who in a previous contractual relationship with the seller violated any of its obligation significantly. Violation of a previous contractual relationship is considered substantial for withdrawal for conduct within the meaning of § 2002 paragraph. 2 of the Civil Code.
4.2.4. If the operator withdraws from the contract, it shall immediately inform the buyer to the email address given by the buyer when the order. He is also obliged to refund the buyer the full purchase price of the goods if this has already been paid.
5. RIGHT OF DEFECT PERFORMANCE
5.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular § 1914-1925, § 2099-2117 and § 2161-2174 BGB) and the Consumer Protection Act.
5.2. Seller shall be liable to the purchaser that the goods on delivery no defects. In particular, the seller is liable to the purchaser that when the buyer took the goods:
about the goods properties, which the parties agreed, and the absence of an arrangement with those properties which the seller or manufacturer has described or which buyers expect with regard to the nature of the goods and based on advertising they carry,
of goods fit for the purpose which for its use or selling lists to which goods of the same type are normally used
of goods corresponds to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
of goods in quantity, measure or weight and
of the goods comply with the legal requirements.
5.3. The consumer is entitled to exercise the right of the defect, which occurs in consumer products within the statutory period, ie. 24 months from the takeover. If sold on things, on its packaging, the instructions attached to things or in accordance with other laws specify the period during which the case may be applied, the statutory provisions of a guarantee for quality. When manifest defect within 6 months from the takeover, it is assumed that the goods were defective at the time of takeover.
5.4. Rights of defective performance the buyer may claim to the seller at his premises (dispensing position). In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
5.5. When exercising the right of defective performance, the buyer is obliged to prove the purchase contract. The operator recommends for this purpose, particularly furnished proof of purchase.
5.6. The buyer has an obligation to criticize seller defect, to deliver a description of defective goods, because of which it advertises.
5.7. Right from defective performance of the buyer not be paid if the buyer knew that the thing has a defect, or if the buyer itself caused the defect.
5.8. Seller or the authorized officer decides on complaints from consumers immediately, in complicated cases within 3 working days. This period does not include an adequate time depending on the type of goods or services required for expert assessment of the defect. Complaints from consumers, including the removal of defects the seller will be processed without undue delay, within 30 days of the claim, unless the seller and the consumer agrees to a longer period.
5.9. If the operator does not reject the complaint, the buyer will issue a confirmation of receipt of the complaint, which will include, inter alia, identification of the operator and the buyer, what is the content of the claim according to the buyer, what method of claim handling buyer calls, date and place of receipt of the complaint and signature of the operator.
5.10. The consumer is entitled to reimbursement of reasonable expenses related to the use of his right of defective performance.
5.11. The fact that the complaint was handled and how the operator is obliged to inform the purchaser, and the email address you entered when complaints or through other contact information, according to which it will be buyer's attention to the complaint. The operator of this notification deadline for picking up the goods claimed.
5.12. In the event that the buyer fails to collect within the time limit set by the claimed goods, the operator is entitled to charge a reasonable storage or self-help sell the goods at the buyer's account. For this procedure, the operator must notify the buyer in advance and should have a reasonable additional period for delivery.
5.13. The operator shall not be liable for any loss, injury or property damage, whether direct or indirect, caused by a defect of the delivered goods, if such loss, injury or property damage can not cause carelessness, negligence or intent on the part of the operator.
6.1. Handling personal data of buyers is subject to adjustment of the law no. 101/2000 Coll., On protection of personal data and amending certain laws, as amended. Registration number of the operator at the Office for Personal Data Protection is 00,036,842th
6.2. Buyer agrees to the processing of their personal data, which means the name, address, identification number, tax identification number, email address, gender, bank account number and phone number, and gives consent to the collection and processing of personal data by the operator for the purpose of realization rights and obligations under the contract, operation and loyalty program for user account management. If the buyer does not choose another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages to the buyer. Consent to receive commercial communications Buyer grants voluntarily and can charge at any time via the link provided at the end of commercial communications to appeal. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
6.3. Buyer acknowledges that it is obligated to your personal data (for registration, in your user account or when ordering) correctly and truthfully and without undue delay inform the seller about changing their personal data.
6.4. The processing of personal data of the buyer, the seller may appoint a third party as a processor. Here are the current information about the personal data processor.
6.5. Personal data will be processed for an indefinite electronically in an automated manner or in printed form non-automated manner.
6.6. In the event that the buyer thought the seller or processor processes the personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate for the purpose of processing, may:
o ask the seller or processor for explanation
a request that the seller or the processor rectifies the situation.
6.7. If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
6.8. Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
7. FINAL PROVISIONS
7.1. The language of communication between the operator and the buyer purchase contract language is Czech. Purchase contract are archived operator in electronic form and not accessible to others.
7.2. In the event that any provision of these terms and conditions have been any reason invalid or unenforceable, this fact does not cause invalidity or ineffectiveness of other parts of the business conditions of the purchase contract.
7.3. The Business Conditions may change or supplement the operator. The changed business conditions are effective from the date of publication. The rights and obligations of the operator and the buyer arising prior to the effective date of the new version of business conditions do not change affected.
7.4. If the relationship of the purchase agreement includes an international (foreign) element, then the Parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
7.5. The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
7.6. The Parties agree that consideration of any disputes between the operator and the buyer is given the power to the courts of the Czech Republic. Any disputes between the operator and the consumer can also be addressed amicably. In this case, the consumer can contact the ADR entity, which as the Czech Trade Inspection or a dispute online through the designated ODR platform. For more information on alternative dispute resolution can be found here. Before the resort to extrajudicial dispute resolution, the operator advised the buyer to resolve the situation occurring first to use electronic addresses email@example.com.
In Prague on May 1, 2018
Terms & Conditions