In case of any discrepancy or doubt as to the correctness of this Business Terms and Conditions with the Business Terms and Conditions in the Czech language, the text of the Business Terms and Conditions is always in force in the Czech language.
TERMS & CONDITIONS
for sale of goods through an online store located on the fresha.cz domain
These General Business Terms & Conditions (hereinafter later only referred to as the “Terms & Conditions”) of trader Alena Žílová (hereinafter later only referred to as the “Seller”) regulated, pursuant to the provisions of sec. 1751 par. 1 of act No. 89/2012 Coll., the Civil Code (hereinafter later only referred to as the “Civil Code”), mutual rights and obligations of contractual parties arising of or in relation to the Purchase Contract (hereinafter later only referred as the “Purchase Contract”) concluded between the Seller and any other natural person (hereinafter later only referred to as the “Buyer”) through the e-commerce of the Seller. This e-commerce is performed by the Seller on website address (hereinafter later only referred to as the “Website”) through a Web-based Interface (hereinafter later only referred to as the “Web-based Interface”).
Terms & Conditions are not related to cases when the person intending to purchase goods from the Seller is a legal entity, or a person negotiating during the ordering of goods within their business activity or independent profession.
Provisions different from the Terms & Conditions may be agreed within the Purchase Contract. Any different provisions within the purchase contract shall have preference before provisions of these Terms & Conditions.
Provisions of these Terms & Conditions form an integral part of the Purchase Contract. Purchase Contract and Terms & Conditions are prepared in the Czech language. The Purchase Contract may be concluded in the Czech language.
Terms & Conditions may be amended or supplemented by the Seller. Rights and obligations arising out of previous Terms & Conditions shall not be affected by this paragraph over the period when the previous Terms & Conditions are effective.
On the basis of the Buyer’s registration on the Website, the Buyer may access his web-based user interface. From this User Interface, the Buyer may order goods (hereinafter later only referred to as the “User Account”). In the event it’s allowed by the Web-based Interface of the E-commerce, the Buyer may also order goods free of registration directly from the Web-based Interface of the commerce.
When registering on the Website and during goods ordering, the Buyer is obliged to enter only correct and true data. The Buyer is obliged to update the data mentioned in the User Account in the event of any change. Data entered in the User Account by the Buyer and during goods ordering are considered as true by the Seller.
Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain confidentiality about all the information necessary for his access to the user account.
The Buyer may not allow a User Account to be used by any third parties.
The Seller may cancel the User Account, mainly if a Buyer has not used his User Account for more than 24 months or if the Buyer breaches the Purchase Contract (including Terms & Conditions) obligations.
The Buyer takes into account that the User Account may not be permanently available, mainly in regard to the necessary maintenance of the hardware and software equipment of the Seller, or with regard to the necessary maintenance of the hardware and software equipment of third parties.
2.PURCHASE CONTRACT CONCLUSION
The entire presentation of goods placed on the Web-based Interface is of an informative character and the Seller is not obliged to conclude a Purchase Contract with regard to these goods. Provisions of sec. 1732 par. 2 of the Civil Code will not apply.
The Web-based Interface of the commerce contains information about the goods, including the prices of the respective goods and the costs for the return of goods in the event these goods may not be returned by ordinary mail. The prices of goods are specified, including value added tax and all the related fees. The prices of goods remain in force for the time they are visible on the Web-based Interface of the commerce. The possibility of the Seller to conclude a Purchase Contract under individually agreed conditions shall not be affected by this provision.
The Web-based Interface of the commerce also contains information about the costs related to the packaging and delivery of goods. Information on costs related to packaging and the delivery of goods, specified on the commerce Web-based Interface, shall apply only in cases when the goods are delivered within the Czech Republic.
Ordered goods (ordered goods are “placed into” the electronic basket of the Web-based Interface commerce by the Buyer),
Method of payment for the purchase price of goods, data about the required method of delivery of the ordered goods, and
Information about the costs related to the delivery of goods (hereinafter later together referred to only as the “Order”).
Before an order is sent to the Seller, the Buyer may check and amend the information which he placed into the order, while the Buyer also has the possibility to find and correct any mistakes made during the entering of the order. The Buyer shall send the order to the Seller by clicking on the “Order” button. Information specified in the order is considered correct by the Seller. After the order is received, the Seller will confirm receipt to the Buyer by electronic mail without delay to the Electronic Address of the Buyer specified in the User Account or in the order (hereinafter later only referred to as the “Electronic Address of the Buyer”).
Depending on the order nature, the Seller always has the right (amount of goods, purchase price, expected costs for transportation) to ask the Buyer for additional confirmation of the order (e.g. in writing or by phone).
The contractual relationship between the Seller and the Buyer is established by the delivery of the order receipt (acceptation), sent by the Seller to the Buyer in the form of electronic mail into the Electronic Address of the Buyer.
The Buyer agrees to the use of remote communication means during the conclusion of the Purchase Contract. Costs incurred to the Buyer during the use of such remote communication means in relation to the conclusion of the Purchase Contract (internet connection costs, costs for phone calling) are paid by the Buyer and these costs should not differ from the base rate.
3.PRICE FOR GOODS AND PAYMENT TERMS
The price for goods and potential costs related to the delivery of goods according to the Purchase Contract may be paid by the Buyer to the Seller in the following ways:
Together with the purchase price, the Buyer is obliged to pay the Seller all the costs related to the packaging and delivery of goods in the agreed amount. Unless stated expressly otherwise, the purchase price will be considered later as also including the costs related to goods delivery.
The Seller does not require any payment in advance or any equivalent payment from the Buyer. Art. 4.6 of the Terms & Conditions, related to the obligation to pay the purchase price of goods in advance, shall not be affected by this provision.
In the event of a cash on delivery payment, the purchase price shall be paid at the time of the takeover of the goods. In the event of a wireless payment, the purchase price shall be paid in 3 days from the conclusion of the Purchase Contract.
In the event of a wireless payment, the Buyer is obliged to pay the purchase price for the goods together with the specification of the variable symbol of the payment. In the event of a wireless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment when the respective sum is credited to the account of the Seller.
The Seller has the right, mainly in the event that the Buyer does not provide sufficient confirmation of the order, (art. 3.6), to require payment of the full purchase price before the goods are sent to the Buyer. The provision of sec. 2119 par. 1 of the Civil Code shall not apply.
Potential rebates from the price of goods, provided by the Seller to the Buyer, may not be combined together.
If common in the course of trade or set by generally binding legal rules, the Seller shall issue a tax document for the payments executed on the basis of the Purchase Contract to the Buyer – invoice. The Seller is not a value added tax payer. Such tax document (invoice) shall be issued by the Seller to the Buyer only after the payment of the price of the goods and shall be sent in an electronic form to the Electronic Address of the Buyer.
The Seller is obliged to issue a bill as per the Act on Registration of Sales. Simultaneously, he is obliged to make an online record of such sale at the tax administrator; in the event of technical failure, then no later than 48 hours.
10.WITHDRAWAL FROM PURCHASE CONTRACT
The Buyer takes into account that according to the provisions of sec. 1837 of the Civil Code, i.a. it is not possible to withdraw from the Purchase Contract on delivery of goods, which were adjusted according to the requirements of the Buyer or for him, from the Purchase Contract on delivery of perishable goods as well as for goods which were irrevocably mixed with other goods, from the Purchase Contract on delivery of goods in an enclosed package, which the consumer has taken out of the package and for hygienic reasons it is not possible to return them, and from the Purchase Contract on delivery of audio or visual records or a computer program, if the Buyer damaged the original package.
In the event of a case under art. 5.1 of the Terms & Conditions or any other cases that are not applicable, when it is not possible to withdraw from the Purchase Contract, the Buyer has the right in accordance with the provision of sec. 1829 par. 1 of the Civil Code to withdraw from the Purchase Contract no later than fourteen (14) days from the takeover of the goods. In the event that the subject of such Purchase Contract is different kinds of goods or delivery of a number of parts, this period starts from the day of takeover of the last delivery of goods. Withdrawal from the Purchase Contract shall be sent to the Seller within a period specified in the previous sentence. For the withdrawal from the Purchase Contract, the Buyer may use the template form provided by the Seller, forming an annex to these Terms & Conditions. Withdrawal from the Purchase Contract may be sent by the Buyer i.a. to the address of the commercial premises of the Seller or to the electronic mail address of the Seller: email@example.com.
In the event of withdrawal from the Purchase Contract pursuant to art. 5.2 of these Terms & Conditions, the Purchase Contract shall be held null and void. Goods shall be returned by the Buyer to the Seller no later than fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. In the event of withdrawal of the Buyer from such Purchase Contract, the Buyer bears all the costs related to the return of goods to the Seller, even in the case when such goods may not be returned by ordinary mail due to their nature.
In the event of withdrawal from the Purchase Contract pursuant to art. 5.2 of these Terms & Conditions, the Seller shall return the accepted funds from the Buyer no later than fourteen (14) days from the withdrawal from the Purchase Contract by the Buyer in the same manner as the Seller accepted such payment from the Buyer. The Seller also has the right for such return of payment to the Buyer during the return of goods by the Buyer or in any other way in case the Buyer agrees therewith and no additional costs will be incurred to the Buyer thereof. Shall the Buyer withdraw from the Purchase Contract, the Seller is not obliged to return the funds to the Buyer before the Buyer returns the goods and proves that he has sent such goods to the Seller.
The Seller has the right for a single set-off of his claim for the payment for damage occurred on the goods against the claim of the Buyer to return the purchase price.
In the event when the Buyer has the right, pursuant to the provision of sec. 1829 par. 1 of the Civil Code, to withdraw from the Purchase Contract, the Seller may also withdraw from the Purchase Contract at any time by the moment of the takeover of goods by the Buyer. In such event, the Seller shall return the purchase price to the Buyer without delay by wireless transfer into the account specified by the Buyer.
In the event that any gift was provided to the Buyer together with the goods, the deed of gift between the Seller and Buyer is concluded with a termination condition for the event of withdrawal from the Purchase Contract by the Buyer, when such deed of gift for this gift shall be held null and void and the Buyer is obliged to return the provided gift together with the goods to the Seller.
11.TRANSPORTATION AND DELIVERY OF GOODS
In the event that the transportation manner is agreed on the basis of a specific requirement of the Buyer, the Buyer bears the risk and potential additional costs related to this manner of transportation.
In the event that the Seller is obliged to deliver goods to the place specified by the Buyer in the order according to the Purchase Contract, the Buyer is obliged to take over the goods during delivery.
In the event that goods have to be delivered repeatedly for reasons on the side of the Buyer or in any other way than specified in the order, the Buyer is obliged to pay the costs related to the repeated delivery of the goods or the costs related to any other kinds of delivery.
During the takeover of goods from the transporter, the Buyer is obliged to check if the goods package is not damaged and in the event of any defects, he shall inform the transporter without delay. In the event of any damage on the package, pointing to an unauthorized penetration into the delivery, the Buyer is not obliged to take over the delivery from the transporter.
Other rights and obligations of the contractual parties arising out of the transportation of goods may be set in the specific delivery terms & conditions of the Seller, if published by the Seller.
12.DEFECTIVE PERFORMANCE RIGHTS
The rights and obligations of the contractual parties related to defective performance shall be governed by the respective generally binding legal rules (mainly by the provisions of sec. 1914 to 1925, sec. 2099 to 2117 and sec. 2161 to 2174 of the Civil Code and by act No. 634/1992 Coll., the Consumer Protection Act, as amended).
goods have all the properties agreed by the parties and in case this provision is omitted, it shall have such properties described by the Seller or producer, or which the Buyer expected with regard to the nature of such goods and on the basis of advertisement held by them,
goods are appropriate for the purpose specified by the Seller for their use or to which such goods are commonly used,
goods correspond to the agreed sample or template by their nature or design in case the quality or design was determined according to the agreed sample or design,
goods are in the corresponding amount, ratio or weight and
goods correspond to the mandatory requirements.
Provisions of art. 7.2 of these Terms & Conditions shall not apply to any defect for the goods sold for a lower price for such defect, for worn goods caused by common use, for used goods due to the defect corresponding to the rate of its use or wear and tear, which the goods had during takeover by the Buyer, or if it’s a result of the nature of such goods.
In case such defect is demonstrated in six months from its takeover, such goods are considered as defective during the takeover. The Buyer has the right to apply for his right based on the defects found on the consumer goods during the period of twenty four months from takeover.
Rights from defective performance shall be applied by the Buyer at the address of the commercial premises of the Seller, where such complaint can be received with regard to the assortment of sold goods or at the registered office or place of business.
Additional rights and obligations of the contractual parties, related to the responsibility of the Seller for defects, may be regulated by a complaint order of the Seller.
13.ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES
The Buyer acquires the ownership to the goods by paying the full purchase price of the goods.
The Seller is not bound by any codes of conduct pursuant to the provision of sec. 1826 par. 1e) of the Civil Code.
Consumer complaints are processed by the Seller through his electronic address firstname.lastname@example.org. Information on the complaint processing of the Buyer will be sent by the Seller to the Electronic Address of the Buyer.
For the extrajudicial solution of consumer disputes from Purchase Contracts, the Czech Trade Inspection shall be competent with its registered seat at Štěpánská 567/15, 120 00 Prague 2, registration ID: 000 20 869, website: https://adr.coi.cz/cs. The platform for the online solution of disputes on website http://ec.europa.eu/consumers/odr can be used for the solution of disputes between the Seller and Buyer arising out of such Purchase Contract.
Evropské spotřebitelské centrum Česká republika (European Consumer Centre of the Czech Republic) with its registered seat Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is the contact place pursuant to the Regulation of the European Parliament and Committee (EU) No. 524/2013 from May 21, 2013 on Online Dispute Resolution for Consumer Disputes and amending Regulation (ES) No. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Online Dispute Resolution).
The Seller has the right to sell goods on the basis of a trading license. The respective trading authority executes a trading inspection within its competence. Supervision in the area of personal data is performed by the Office for Personal Data Protection. The Czech Trading Inspection also executes supervision for the fulfilment of provisions of act No. 634/1992 Coll., the Consumer Protection Act, as amended, within a specified range.
The Buyer hereby takes over the risk of a change in circumstances pursuant to sec. 1765 par. 2 of the Civil Code.
14.PERSONAL DATA PROTECTION
Protection of the personal data of the Buyer, as a natural person, is provided by act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
The Buyer agrees with the processing of the following personal data: name and surname, permanent residence address, ID number, tax identification number, electronic mail address, phone number (hereinafter later together referred to only as the “Personal Data”).
The Buyer hereby agrees with the processing of his Personal Data by the Seller for the purpose of the execution of rights and obligations from the Purchase Contract and for the purpose of maintaining the User Account. Unless chosen otherwise by the Buyer, he also agrees to the processing of his Personal Data by the Seller for the purpose of sending of information and commercial communications to the Buyer. Agreement with the processing of Personal Data in full scale under this article is not a condition which would be an obstruction for conclusion of the Purchase Contract.
The Buyer takes into account that he is obliged to enter his Personal Data (during registration, in a User Account, when making an order from the Web-based Interface of the commerce) correctly and truly and he is obliged to inform the Seller without delay about any changes to his Personal Data.
The Seller may assign the processing of the Buyer’s Personal Data to any third party as a processor. However, except for persons transporting goods, such Personal Data shall not be provided to third parties by the Seller without the previous consent of the Buyer.
The Buyer confirms that the provided Personal Data are accurate and he was informed that the provision of Personal Data is voluntary.
In the event that the Buyer considers the Seller or processor (art. 9.5) as processing his Personal Data in a way contradictory to the protection of his private and personal life, or is in breach of mandatory provisions, mainly in the event such data are not accurate with regard to the purpose of their processing, he may:
ask the Seller or processor for an explanation,
ask the Seller or processor to remedy such state.
If the Buyer asks for information about the processing of his Personal Data, the Seller is obliged to provide him such information. The Seller may require adequate compensation, not exceeding the costs for the necessary provision of information, for such information provision according to the previous sentence.
15.SENDING OF COMMERCIAL COMMUNICATIONS AND SAVING COOKIES
The Buyer agrees to the sending of information related to the goods, service or to the company of the Seller to the Electronic Address of the Buyer and he also agrees to the sending of commercial communications of the Seller to the Electronic Address of the Buyer.
The Buyer agrees to the saving of so-called cookies on his computer. In the event that such purchase may be executed on the Website and the obligations of the Seller from the Purchase Contract may be executed without the so-called cookies to be saved on the Buyer’s computer, the Buyer may revoke his consent under the previous sentence at any time.
The service to the Buyer may be executed to the Electronic Address of the Buyer.
In the event the relationship based on the Purchase Contract contains any international (foreign) element, then the contractual parties agree that such relationship shall be governed by Czech law. The rights of the consumer, based on generally binding legal rules, shall not be affected thereby.
If any of the provisions of these Terms & Conditions is or becomes invalid or ineffective, such provision shall be replaced by provisions whose purpose is the closest to the invalid provision. The validity of any other provisions shall not be affected by the invalidity or ineffectiveness of this one provision.
The Purchase Contract, including the Terms & Conditions, is kept by the Seller in an electronic form and shall not be available.
A sample form for the withdrawal from the Purchase Contract forms an annex to these Terms & Conditions. .