I. General Provisions
- These general terms and conditions (hereinafter referred to as the "terms and conditions") are issued in accordance with Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"). Tomáš Horych address: Jizerská 36, Káraný 250 75 ID number: 11961457 email: firstname.lastname@example.org website: www.dickobraz.cz (hereinafter referred to as the "seller")
- These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase agreement outside their business activities as a consumer or within their business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at the internet address.... (hereinafter referred to as the "online store").
- The provisions of the terms and conditions are an integral part of the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of these terms and conditions.
- These terms and conditions and the purchase agreement are concluded in the Czech language.
II. Information about Goods and Prices
- Information about the goods, including the prices of individual goods and their main characteristics, is provided for each item in the catalog of the online store. The prices of goods are stated inclusive of value-added tax, all related fees, and costs of returning the goods, if the nature of the goods does not allow their return by regular mail. The prices of goods remain valid for the duration they are displayed in the online store. This provision does not exclude the conclusion of a purchase agreement under individually agreed conditions.
- All presentations of goods placed in the catalog of the online store are of an informative nature, and the seller is not obliged to conclude a purchase agreement regarding these goods.
- The online store publishes information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods stated in the online store applies only in cases when the goods are delivered within the territory of the Czech Republic.
- Any discounts on the purchase price of goods cannot be combined unless otherwise agreed between the seller and the buyer.
III. Order and Conclusion of Purchase Agreement
- The costs incurred by the buyer when using remote communication means in connection with the conclusion of a purchase agreement (internet connection costs, telephone call costs) are borne by the buyer. These costs do not differ from the basic rate.
- The buyer can place an order for goods in the following ways: a) Through their customer account if they have previously registered on the online store. b) By filling out the order form without registration.
- When placing an order, the buyer selects the goods, quantity of goods, payment method, and delivery method.
- Before submitting the order, the buyer has the opportunity to review and modify the information entered into the order. The buyer submits the order to the seller by clicking the "Submit Order" button. The details provided in the order are considered correct by the seller. The order is valid only if all mandatory information in the order form is filled out, and the buyer confirms that they have read and agreed to these terms and conditions.
- Immediately after receiving the order, the seller sends a confirmation of order receipt to the buyer's email address provided during the order process. This confirmation is automatic and does not constitute the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded only upon acceptance of the order by the seller. The notification of order acceptance is delivered to the buyer's email address. / Immediately after receiving the order, the seller sends a confirmation of order receipt to the buyer's email address provided during the order process. This confirmation constitutes the conclusion of the contract. The current terms and conditions of the seller are attached to the confirmation. The purchase agreement is concluded by the confirmation of the order by the seller sent to the buyer's email address.
- If any of the requirements stated in the order cannot be fulfilled by the seller, the seller will send a modified offer to the buyer's email address. The modified offer constitutes a new proposal for a purchase agreement, and the purchase agreement is concluded when the buyer accepts this offer by confirming it to the seller at the email address provided in these terms and conditions.
- All orders accepted by the seller are binding. The buyer may cancel the order until they receive a notification of order acceptance from the seller. The buyer can cancel the order by phone at the telephone number or by email to the seller's email address provided in these terms and conditions. 7.1 If the buyer fails to collect the goods within the specified time by the carrier of the shipment containing the goods, and the goods are returned to the seller, the buyer is obliged to reimburse the seller for the reasonable costs associated with sending the goods to the buyer in accordance with Section 1729(2) of the Civil Code. These costs are set at CZK 150 (excluding VAT) per shipment, even if the product's postage is stated as "free." If the goods were sent to the buyer on a cash-on-delivery basis, the reimbursement will be increased to CZK 200 (excluding VAT). These amounts will be increased by a handling fee of CZK 200 (excluding VAT) for unpacking and re-stocking the product.
- In the event of an obvious technical error on the part of the seller regarding the price of the goods in the online store or during the ordering process, the seller is not obligated to deliver the goods to the buyer at this clearly erroneous price, even if an automatic confirmation of order receipt has been sent to the buyer according to these terms and conditions. The seller will inform the buyer about the error without undue delay and send a modified offer to the buyer's email address. The modified offer constitutes a new proposal for a purchase agreement, and the purchase agreement is concluded in such.
IV. Customer Account
- Based on the buyer's registration in the online store, the buyer can access their customer account. Through their customer account, the buyer can place orders for goods. The buyer can also order goods without registration.
- When registering for a customer account and when ordering goods, the buyer is required to provide accurate and truthful information. The buyer is obliged to update the information in their user account whenever changes occur. The information provided by the buyer in the customer account and during the ordering process is considered accurate by the seller.
- Access to the customer account is secured by a username and password. The buyer is required to maintain confidentiality regarding the information necessary to access their customer account. The seller is not responsible for any misuse of the customer account by third parties.
- The buyer is not authorized to allow third parties to use their customer account.
- The seller may cancel a user account, particularly if the buyer does not use their user account for an extended period or if the buyer breaches their obligations under the purchase agreement or these terms and conditions.
- The buyer acknowledges that the availability of the user account may not be uninterrupted, especially considering the necessary maintenance of the seller's hardware and software equipment or the necessary maintenance of third-party hardware and software equipment.
V. Payment Terms and Delivery of Goods
- The buyer can pay the purchase price of the goods and any associated delivery costs under the purchase agreement by the following methods: a) Bank transfer to the seller's bank account no.: 863316/5500 held with Raiffeisenbank b) Payment by card c) Bank transfer to the seller's account through the payment gateway... d) Cash on delivery upon receipt of the goods
- Together with the purchase price, the buyer is obliged to pay the seller the agreed costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price includes the costs of delivering the goods.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within... days from the conclusion of the purchase agreement.
- In the case of payment through a payment gateway, the buyer shall follow the instructions of the respective electronic payment service provider.
- In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the respective amount is credited to the seller's bank account.
- The seller does not require any advance deposit or similar payment from the buyer. The payment of the purchase price prior to the dispatch of the goods is not considered a deposit.
- In accordance with the law on the registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is required to register the received revenue with the tax administrator online; in case of a technical outage, within 48 hours at the latest.
- The goods are delivered to the buyer: a) To the address specified by the buyer in the order b) To a pick-up point at the address of the pick-up point specified by the buyer c) By personal collection at the seller's premises
- The choice of the delivery method is made during the process of ordering the goods.
- The costs of delivering the goods, depending on the method of shipment and receipt, are stated in the buyer's order and in the order confirmation sent by the seller. If the mode of transport is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
- If, according to the purchase agreement, the seller is obliged to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery. If, due to reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a manner other than specified in the order, the buyer shall bear the costs associated with repeated delivery or alternative delivery method.
- Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging and, in case of any defects, to immediately notify the carrier. If any damage to the packaging indicating unauthorized tampering with the shipment is found, the buyer is not obliged to accept the shipment from the carrier.
- The seller issues a tax document - an invoice to the buyer. The tax document is sent to the buyer's email address. / The tax document is included with the delivered goods.
- The buyer acquires ownership of the goods by paying the full purchase price for the goods, including the delivery costs, but not earlier than by taking possession of the goods. The risk of accidental damage, loss, or destruction of the goods passes to the buyer at the moment of taking possession of the goods or at the moment when the buyer should have taken possession of the goods in accordance with the purchase agreement but failed to do so.
VI. Withdrawal from the Contract
- The buyer, who has concluded a purchase contract outside of their business activities as a consumer, has the right to withdraw from the purchase contract.
- The withdrawal period from the contract is 14 days: a) from the date of receipt of the goods, b) from the date of receipt of the last delivery of goods, if the contract relates to multiple types of goods or delivery of several parts, c) from the date of receipt of the first delivery of goods, if the contract relates to regular repeated delivery of goods.
- The buyer cannot, among other things, withdraw from the purchase contract: a) for the provision of services if they have been fully performed with the buyer's prior explicit consent before the expiration of the withdrawal period, and the seller informed the buyer before entering into the contract that they would not have the right to withdraw in such a case, b) for the supply of goods or services whose price depends on fluctuations in the financial market independently of the seller's will and which may occur during the withdrawal period, c) for the delivery of alcoholic beverages that can be delivered only after thirty days and whose price depends on fluctuations in the financial market independent of the seller, d) for the delivery of goods that have been adjusted according to the buyer's wishes or for their person, e) for the delivery of perishable goods or goods that have been irreversibly mixed with other goods after delivery, f) for the delivery of goods in closed packaging that the buyer has removed from the packaging and that cannot be returned for hygiene reasons, g) for the delivery of sound or image recordings or computer programs if the buyer has breached their original packaging, h) for the delivery of newspapers, periodicals, or magazines, i) for the delivery of digital content if it was not supplied on a tangible medium and was delivered with the buyer's prior explicit consent before the expiration of the withdrawal period, and the seller informed the buyer before entering into the contract that they would not have the right to withdraw in such a case, j) in other cases specified in Section 1837 of the Civil Code.
- To comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.
- The buyer may use the sample withdrawal form provided by the seller to withdraw from the purchase contract. The withdrawal from the purchase contract shall be sent by the buyer to the email or postal address of the seller stated in these terms and conditions. The seller shall promptly confirm the receipt of the form to the buyer.
- The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days from the withdrawal from the contract. The buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail.
- If the buyer withdraws from the contract, the seller shall refund all payments received from the buyer, including the delivery costs, without undue delay, but no later than 14 days from the withdrawal from the contract. The seller shall refund the received payments to the buyer using the same means of payment unless the buyer agrees to a different means of refund that does not incur any additional costs.
- If the buyer chooses a different method of delivery than the least expensive type of standard delivery offered by the seller, the seller is not required to refund the additional costs associated with the chosen delivery method.
- Unless the seller offers to collect the goods themselves, they are entitled to withhold the refund until they receive the returned goods from the buyer or until the buyer proves that they have sent the goods back.
- The buyer must return the goods to the seller undamaged, unused, and uncontaminated, if possible, in their original packaging. The seller is entitled to offset the claim for compensation of any diminished value of the goods against the buyer's claim for a refund.
- The seller has the right to withdraw from the purchase contract in case of depletion of stock, unavailability of goods, or if the manufacturer, importer, or supplier of the goods has discontinued production or import. The seller shall promptly inform the buyer via the email address provided in the order and refund all payments received from the buyer based on the contract, including the delivery costs, within 14 days from the notification of withdrawal from the purchase contract, using the same means of payment or as agreed with the buyer.
VII. Rights Arising from Defective Performance
- The seller guarantees to the buyer that the goods are free from defects upon receipt. In particular, the seller guarantees to the buyer that at the time of the buyer's acceptance of the goods: a) the goods have the qualities agreed upon by the parties, and if there is no agreement, the goods have the qualities described by the seller or the manufacturer, or the qualities that the buyer expects given the nature of the goods and based on the advertising they have conducted, b) the goods are fit for the purpose stated by the seller or for the usual purpose for which such goods are used, c) the goods correspond in quality or design to the agreed sample or model, provided that the quality or design was determined based on the agreed sample or model, d) the goods are in the appropriate quantity, measure, or weight, and the goods comply with the requirements of legal regulations.
- The obligations arising from defective performance are incumbent on the seller to at least the same extent as the manufacturer's obligations. The buyer is otherwise entitled to exercise the rights arising from defects that occur in consumer goods within twenty-four months from the date of receipt.
- If the goods, their packaging, the instructions attached to the goods, or the advertisement indicate a period during which the goods can be used, the provisions on quality guarantee shall apply. The seller guarantees that the goods will be fit for use for the specified period or will retain their usual properties. If the buyer duly asserts a defect in the goods, the period for exercising rights arising from defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
- The provisions stated in the preceding paragraph of the terms and conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed upon, to wear and tear caused by the usual use of the goods, to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of the buyer's acceptance, or if it follows from the nature of the goods. The buyer does not have the right to exercise rights arising from defective performance if the buyer knew about the defect before taking over the goods or if the buyer caused the defect themselves.
- In the event of a defect, the buyer may submit a complaint to the seller and request: a) the exchange for new goods, b) the repair of the goods, c) a reasonable price reduction, d) withdrawal from the contract.
- The buyer has the right to withdraw from the contract: a) if the goods have a substantial defect, b) if the buyer cannot properly use the goods due to the repeated occurrence of defects or after repair, c) in the case of a greater number of defects in the goods.
- Substantial is such a breach of contract that the breaching party was aware of or should have been aware of at the time of concluding the contract, and if they had foreseen such a breach, the other party would not have entered into the contract.
- In the case of a defect that constitutes a minor breach of contract (regardless of whether it is a removable or irremovable defect), the buyer is entitled to have the defect remedied or to a reasonable price reduction.
- If a removable defect occurs repeatedly after repair (typically the third complaint for the same defect or the fourth for different defects) or if the goods have a greater number of defects (usually at least three defects simultaneously), the buyer has the right to claim a price reduction, exchange of goods, or withdrawal from the contract.
- When exercising a complaint, the buyer is obliged to inform the seller of their chosen remedy. The change of choice without the seller's consent is possible only if the buyer requested the repair of a defect that proves to be irremovable. If the buyer does not make their choice of remedy for a material breach of contract in due time, they have the same rights as in the case of a minor breach of contract.
- If repair or replacement of the goods is impossible, the buyer may demand a refund of the purchase price in full based on the withdrawal from the contract.
- If the seller proves that the buyer was aware of the defect before taking over the goods or that the buyer caused the defect themselves, the seller is not obliged to comply with the buyer's claim.
- The buyer cannot complain about discounted goods for the reason for which the goods were discounted.
- The seller is obliged to accept the complaint at any establishment where the acceptance of complaints is possible, or at their registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer exercised their right, the content of the complaint, the desired method of handling the complaint, as well as confirmation of the date and method of handling the complaint, including the confirmation of the repair performed and its duration, or a written justification for rejecting the complaint.
- The seller or their authorized employee shall decide on the complaint immediately, or in complex cases, within three business days. The time necessary for expert assessment of the defect shall not be included in this period, taking into account the nature of the product or service. The complaint, including the remedy of the defect, must be handled promptly, no later than 30 days from the date of asserting the complaint unless the seller and the buyer agree on a longer period. The expiry of this period without the complaint being resolved shall be deemed a material breach of contract, and the buyer has the right to withdraw from the purchase contract. The moment of asserting the complaint is considered to be the moment when the buyer expresses their will (asserts their right arising from defective performance) to the seller.
- The seller shall inform the buyer in writing about the outcome of the complaint.
- The buyer does not have the right to exercise rights arising from defective performance if the buyer knew before taking over the goods that the goods had a defect or if the buyer caused the defect themselves.
- In the case of a justified complaint, the buyer has the right to reimbursement of reasonably incurred costs related to the exercise of the complaint. The buyer may assert this right against the seller within one month after the expiration of the warranty period; otherwise, the court may not grant this right.
- The choice of the complaint method is up to the buyer.
- The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by 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.
- Further rights and obligations of the parties regarding the seller's liability for defects are regulated by the seller's complaint procedure.
- The contracting parties may mutually deliver all written correspondence through email.
- The buyer shall deliver correspondence to the seller's email address specified in these terms and conditions. The seller shall deliver correspondence to the buyer's email address provided in their customer account or order.
IX. Personal Data
- All information provided during our cooperation is confidential, and we will handle it accordingly. Unless you provide written consent, we will not use your data for any purpose other than fulfilling the contract, except for sending commercial communications to the email address you provide, as permitted by law unless you decline. These communications may only relate to similar or related goods and can be unsubscribed from at any time through a simple method (by sending a letter, email, or clicking on a link in the commercial communication). The email address will be kept for this purpose for a period of 3 years from the date of the last contract concluded between the parties.
X. Out-of-court Dispute Resolution
- The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs, is competent for out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the buyer arising from the purchase contract.
- The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
- The seller is authorized to sell goods based on a trade license. The relevant trade licensing office carries out trade license supervision within its scope of authority. The Czech Trade Inspection Authority, among other things, exercises supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection.
XI. Final Provisions
- All agreements between the seller and the buyer are governed by the legal framework of the Czech Republic. If a relationship established by the purchase contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This provision does not affect consumer rights arising from mandatory legal regulations.
- The seller is not bound by any codes of conduct in relation to the buyer under the provisions of Section 1826(1)(e) of the Civil Code.
- All rights to the seller's websites, including copyrights to the content, layout, photos, videos, graphics, trademarks, logos, and other content and elements, belong to the seller. Copying, modifying, or otherwise using the websites or their parts without the consent of the seller is prohibited.
- The seller is not responsible for errors resulting from third-party interference with the online store or its misuse. The buyer must not use procedures that could have a negative impact on the operation of the online store and must not engage in any activities that could enable unauthorized interference or unauthorized use of the software or other components comprising the online store. The buyer must use the online store and its parts or software in a manner consistent with their purpose and intent.
- The buyer assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
- The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
- The seller may amend or supplement the wording of the terms and conditions. This provision does not affect rights and obligations arising during the validity of the previous version of the terms and conditions.
- The model withdrawal form is attached as an appendix to the terms and conditions.
These terms and conditions come into effect on June 5, 2023