TERMS AND CONDITIONS
– translation of the Czech original version –
with its registered office at Rosovice-Holšiny 141, Rosovice, 263 01
identification number: 03534766
for the sale of goods through an online store located at the Internet address
1. Introductory provisions
1. These Business Terms and Conditions (Zuzana Schmarczová, Rosovice-Holšiny 141, Rosovice, 263 01, Identification No: 03534766) (hereinafter referred to as the “Seller”) are regulated in accordance with Section 1751, paragraph 1 of the Act No. 89/2012 Coll., the Civil Code (the “Civil Code”), the mutual rights and obligations of the parties arising out of or in connection with the purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the seller and another natural person only “buyer”) through the seller’s internet store. The e-shop is operated by the seller on a web site located at www.hatonhead.cz (hereinafter referred to as the “website”) through the web interface (hereinafter referred to as the “web interface of the store”).
2. Business conditions shall not apply to cases where a person intending to purchase goods from a seller is a legal person or person acting on the order of the goods in the course of their business or in the course of their independent pursuit of their profession.
3. The provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
4. The Terms of Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
5. Seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. User account
1. Buyers can access their user interface based on the buyer’s registration on the website. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the “user account”). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2. When registering on a web site and ordering goods, the buyer is required to provide all data correctly and accurately. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
4. The buyer is not authorized to allow the use of the user account to third parties.
5. Seller may cancel the user account, especially if the buyer does not use his user account for more than one year or if the buyer violates his obligations under the sales contract (including business terms).
The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, necessary maintenance of hardware and software of third parties.
3. Closing the Purchase Agreement
1. All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
2. The web interface of the shop shall contain information on the goods, including the indication of the prices of the individual goods and the costs of returning the goods, if such goods can not by their nature be returned by normal mail. Goods prices are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract for individually negotiated terms.
3. The store’s web interface also includes information on the costs associated with packing and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
4. To order the goods, the buyer will fill out the order form in the web interface of the store. The order form contains, in particular, information about:
1. ordered goods (the ordered goods “insert” the buyer into the electronic shopping cart of the web interface of the store),
2. the method of payment of the purchase price of the goods, details of the required way of delivery of ordered goods and
3. information on the costs associated with the supply of goods (collectively referred to as the “Order”).
5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, even with regard to the buyer’s ability to detect and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the “ORDER” button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail, to the buyer’s email address listed in the user account or in the order (hereinafter referred to as the “buyer’s electronic address”).
6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer, to the e-mail address of the buyer.
The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. Cost of goods and payment terms
1. The Purchaser may pay the Buyer’s cost of goods and any costs associated with delivering goods under the Purchase Contract in the following ways:
in cash at the seller’s headquarters or in a future place of delivery by phone;
cash in cash at the place specified by the buyer in the order;
cashless transfer to Seller’s account No. 107-3418550257 / 0100, maintained with Komerční banka a.s., Dobříš Branch (hereinafter referred to as the “Seller Account”);
2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packing and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
3. The Seller does not require an advance or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4. In the case of cash payment or cash on delivery, the purchase price shall be payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of the purchase contract being concluded.
5. 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 purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
6. The Seller is entitled, in particular, if the buyer does not receive an additional confirmation of the order (Article 3.6), require the full purchase price to be paid before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
7. Any discounts on the price of the goods provided by the seller to the buyer can not be combined.
8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer in respect of payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document – The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
9. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. Withdrawal from the Purchase Agreement
1. The Buyer notes that under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer’s wish or for him, from the purchase contract for the delivery of goods subject to rapid perish, goods after the delivery have been irreversibly mixed with other goods, the purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it can not be returned and from the purchase contract for delivery of a sound or image recording or a computer program, violated their original packaging.
2. In the case referred to in Article 5.1 of the Commercial Terms and Conditions or in another case when the contract of sale can not be withdrawn, the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, within fourteen (14) days after the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the purchase contract may be made by the buyer, inter alia, to the address of the seller’s office or to the e-mail address of the seller at email@example.com.
3. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Business Terms, the Purchase Agreement is canceled from the outset. Goods must be returned to the seller by the seller within 14 (14) days of receipt of the withdrawal from the sales 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 their normal postal route.
4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Business Terms, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the Purchaser. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5. The seller is entitled to indemnify unilaterally the claim for damages arising from the goods against the buyer’s claim for repayment of the purchase price.
6. In cases where the buyer has the right to withdraw from the sales 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 has received the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged, together with the goods to the seller to return the given gift.
transportation and delivery of goods
8. If the mode of transport is agreed upon by a buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.
9. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
10. If, for reasons of buyer’s need, the goods are to be delivered repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
11. Upon receipt of the goods from the carrier, the buyer is required to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
12. Other parties’ rights and obligations in the carriage of goods may alter the seller’s special delivery terms when the seller is issued.
6. Rights of defective performance
1. The rights and obligations of the parties to the rights of faulty performance shall be governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
2. The Seller shall be liable to the Buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
(a) the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
(b) the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
(c) the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined according to the agreed sample or original,
(d) the goods are in the appropriate quantity, degree or weight; and
(e) the goods comply with the requirements of the legislation.
3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for wear and tear of the goods caused by their normal use, when taken over by the buyer, or if it results from the nature of the goods.
4. If there is a defect within six months of the takeover, the goods shall be deemed to have been defective at the time of acceptance. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
5. Rights of defective performance are enforced by the buyer at the seller at his / her establishment, where acceptance of the claim is possible with regard to the range of goods sold, possibly also at the registered office or place of business.
6. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s claim rules.
7. Other rights and obligations of the parties
1. Buyer acquires ownership of the goods by paying the full purchase price of the goods
2. The Seller is not bound by the Code of Conduct in relation to the Purchaser within the meaning of Section 1826 (1) e) the Civil Code.
3. The complainant handles consumer complaints through electronic firstname.lastname@example.org. Buyer information will be sent to the buyer’s electronic address.
4. The out-of-court settlement of consumer disputes under the purchase contract is the responsibility of the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
5. European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of on 21 May 2013 on consumer dispute resolution online and on the amendment of Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on-line).
6. The Seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
7. The purchaser hereby takes on the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
1. The protection of the buyer’s personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number and any other data resulting from the order (collectively referred to as “personal data”) .
3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
4. The Buyer acknowledges that he is required to state his / her personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal information without undue delay.
5. The Seller may authorize the third party to process the buyer’s personal data as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer’s prior consent.
6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
8. Should the buyer believe that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the buyer’s private and personal life or in contravention of the law, especially if personal data are inaccurate having regard to the purpose of their processing, may:
1. ask the seller or processor for an explanation,
2. Require that the seller or processor remove the resulting condition.
9. If the buyer requests information about the processing of his or her personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.
9. Sending business messages and storing cookies
Buyer agrees to send information related to the seller’s goods, services, or business to the buyer’s electronic address, and also agrees to send the sales announcements to the buyer’s electronic address.
Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller’s obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser’s computer, the buyer may withdraw the consent under the previous sentence at any time.
Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
A receipt is also deemed to have been delivered, the receipt of which was rejected by the addressee, which was not picked up at the time of storage or returned as undeliverable.
The parties may deliver a regular correspondence to each other by e-mail, to the e-mail address indicated in the buyer’s user account or the specified buyer in the order, respectively. to the address given on the Seller’s website.
11. Final Provisions
If a relationship based on a sales 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 under generally binding legal regulations.
If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
Contact details of the seller: delivery address Rosovice-Holšiny 141, Rosovice, 263 01, e-mail address email@example.com, phone 777 726 781.
In Rosovice, 01.03.2018