GENERAL TERMS AND CONDITIONS - PURCHASE
Name and surname: NINA BUREŠOVÁ,
Residence: Křivoklátská 885, 199 00 Prague 9,
ID (IČ): 74207229,
Trade Licensing Register (in Czech "Živnostenský úřad"), SZ OZI 3848/2017/ZO-REG-03
for the sale and rental of goods via on-line shop at: www.darekkpromoci.cz
The form - cancellation of the contract to download:
1. FUNDAMENTAL PROVISIONS
1.1. These general terms and conditions (hereinafter referred to as "terms and conditions") of the company NINA BUREŠOVÁ, residence Křivoklátská 885, 1998 00 Prague 9, Identification Number (in Czech IČ): 74207229, (hereinafter referred to as "the seller") govern the mutual rights and obligations of the parties arising in connection with or pursuant to a contract of sale (also referred to as "contract of purchase"; in Czech „kupní smlouva“) concluded between the seller and any other natural or legal person (hereinafter referred to as "the buyer") through an online store. Online store is operated by the seller on the internet at www.darekkpromoci.cz through web interface (hereinafter referred to as "web interface of the business").
1.2. Terms and conditions also govern the rights and obligations of the parties in using the seller's website located at www.darekkpromoci.cz (hereinafter referred to as "website") and other related legal relations.
1.3. Provisions derogating from the terms and conditions can be agreed upon in the contract of purchase. Different arrangements in the contract of purchase have priority over the provisions of terms and conditions.
1.4. Provisions of the terms and conditions are an integral part of the contract of purchase. The contract of purchase and the terms and conditions are written in Czech and English language. The purchase contract can be concluded ONLY in CZECH or ENGLISH language.
1.5. The seller may modify or supplement the terms and conditions. This provision does not affect the rights and obligations arisen during the effective period of the previous version of terms and conditions.
2. THE CONCLUSION OF THE CONTRACT OF PURCHASE
2.1. The web interface of the business provides a list of goods offered for sale by the seller including prices of individual goods. The prices of the offered goods inclusive all related charges. The seller is not registered to value added tax. The offer of goods and the prices of goods remain in force as long as they are displayed on the web interface of the business. This provision does not affect the seller´s right to conclude a contract of purchase for individually negotiated terms. All offers displayed on the web interface of the business are not binding and the seller is not obliged to enter into a contract of purchase.
2.2. The web interface of the business also includes information about packaging and delivery costs.
2.3. To order goods, the buyer fills out the binding order form stored on the web interface of the business or directly contacts the seller through an email address (see subsection 12).The order form includes especially information about:
2.3.1. ordered goods,
2.3.2. methods of payment of purchase price , details of desired method of delivery of the ordered goods,
2.3.3. the buyer and
2.3.4. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "order").
2.4. Before sending the order to the seller the buyer is allowed to check and modify the data filled in the order form, also with regard to the option of the buyer to detect and correct errors during data entry to order form. The data filled in the order form are believed by seller to be correct. The seller without undue delay after receipt of the order confirms to the buyer receipt of this email, on the email address from which the order was sent by the buyer to the seller's email address (hereinafter referred to as "buyer's email address").
2.5. The seller is always allowed, depending on the nature of the order (quantity of goods, the purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
2.6. The contractual relationship between the seller and the buyer arises upon receipt of confirmation of acceptance by the seller ("order confirmation") to the buyer's email address.
2.7. The buyer acknowledges that the seller is not obliged to enter into a contract of purchase, especially with those that have substantially breached their obligations to the seller.
2.8. The buyer agrees to use of distance communication in the conclusion of the contract of purchase. Costs incurred by the buyer when using distance communication in connection with the conclusion of the contract of purchase (the cost of internet access, telephone costs) are paid by the buyer on his own.
3. PRICE AND PAYMENT TERMS
3.1. The buyer can pay price of the goods and any costs associated with the delivery of goods under the contract of purchase to the seller in the following ways:
a) Delivery within the territory of Czech Republic:
b) Delivery within the territory of Slovakia:
3.2. Together with the purchase price, the buyer is obliged to pay the costs associated with the delivery of the goods at an agreed rate. Unless expressly stated otherwise the purchase price is thought to be the price of the goods and all costs associated with the delivery of the goods.
3.3. In the case of payment on delivery, the purchase price is due upon receipt of goods. In the case of cashless payment the purchase price is due within 7 days of the contract of purchase.
3.4. In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with stating of variable symbol of the payment. The seller shall notify the variable symbol to the buyer in the order confirmation.
3.5. In the case of cashless payment the buyer meets his obligation to pay the purchase price at the time that seller´s bank credits the payment to the seller's bank account.
3.6. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
3.8. The seller issues, regarding payments made under the contract of purchase, to the buyer an invoice and send it in electronic form of paper form with the goods.
4. THE CANCELLATION OF THE CONTRACT
4.1. Right to cancel the contract:
4.1.1. Within 14 days of receipt of goods (hereinafter referred to as "cancelation period“) the buyer is entitled under § 1829, paragraph 1 of the Civil Code to cancel the contract of purchase without giving any reason.
4.1.2. To exercise the right of cancellation of the contract the buyer has to inform the seller about his decision to cancel the contract by an unequivocal statement which sends to the seller's email address (email@example.com) or correspondence address. The buyers can use the form for the cancellation of the contract, but it is not mandatory. This form is available for download from the web interface of the business.
4.1.3. The unequivocal statement should contain especially the following information:
4.1.4. In order to comply the cancelation period of this contract of purchase, it is sufficient to send the notification about the exercise of the right of cancellation of thecontract prior to the relevant deadline.
4.2. Consequences of cancellation of the contract
4.2.1. If the buyer cancel the contract, the seller returns without undue delay, but no later than within 14 days of being informed of the decision of the buyer to cancel the contract of purchase, all payments received from the buyer, including the cost of delivery (except additional costs incurred due to delivery method chosen by the buyer and which is different than the least expensive type of standard delivery offered by the seller). The seller uses for reimbursement the same means of payment that the buyer used for the initial transaction, unless expressly agreed otherwise. In any case, the buyer does not incur any additional costs.
4.2.2. The seller can wait with the return of payment until returning goods is received or until the buyer proves that the goods are sent back, whichever occurs first.
4.2.3. The buyer send the goods without undue delay and no later than 14 days from the date on which the seller notified that he cancel this contract, back to seller back to the correspondence address (hereinafter referred to as “correspondence address" or "mailing address"):
Nina Burešová, Křivoklátská 885, Prague 9 - Letnany, 199 00, Czech Republic
4.2.4. The deadline is met if the buyer sends the goods before the expiry of 14 days.
4.2.5. The direct cost of returning the goods shall be borne by the buyer.
4.3. The buyer is not allowed to cancel the contract
4.3.1. for supply of goods, which was modified as desired by the costumer or for his person,
4.3.2. for supply of services if they were fulfilled with the prior explicit consent of the buyer before the deadline for withdrawal.
4.4. Responsibility for the impairment of returned goods
4.4.1. The buyer is responsible only for the impairment due to the handling with the goods in the way other than those necessary to establish the nature and properties including its functionality.
5. TRANSPORTATION AND DELIVERY
5.1. The method of delivery of goods is determined by the seller, unless the contract of purchase provides otherwise. In case the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and additional costs associated with this mode of transportation.
5.2. If the seller is obliged under the contract of purchase to deliver the goods at the place designated by the buyer in the order form, the buyer is obliged to accept the delivered goods. If the buyer does not accept the delivered goods, the seller is entitled to cancel the contract.
5.3. In case it is needed to deliver the goods repeatedly or in any other way than stated in the order form for reason on the buyer´s party, the buyer is obliged to pay the costs associatedwith repeated delivery of goods, resp. costs associated with other delivery method. By this provision are intended, inter alia, also re- shipping costs incurred due to that the buyer does not accept the goods in period and place under the conditions stipulated by a carrier.
5.4. When accepting the goods from a carrier, the buyer is obliged to check the integrity of the package and in case of any defects immediately notify the carrier. In case of damaged packing which indicative of intrusion into the shipment the buyer need not accept the shipment from the carrier. Signing the delivery note the buyer confirms that the packaging of the shipment containing goods were intact.
5.5. The buyer is obliged to notify the seller immediately about any incomplete or damaged shipment to the following email address: firstname.lastname@example.org, write with the carrier the damage a report and send it without any delay to the seller’s email (see above) or correspondence address of the seller. Any subsequent claims of incompleteness or external damage to the shipment do not mean that the buyer lost his right to make a claim, but it gives to the seller the opportunity to prove that there is no conflict with the contract of purchase.
6. LIABILITY FOR DEFECTS
6.1. The rights and obligations of the parties regarding the liability of the seller for defects shall be governed by the relevant regulations (including the provisions of § 1914, et seq., § 2095 et seq., § 2161 et seq. Civil Code)
6.2. Sellers's liability
6.2.1. The seller is responsible to the buyer that the goods do not have any defects upon receipt. In particular, the seller is responsible to the buyer that upon receipt
6.2.2. In case that the defect becomes apparent within six months of taking over, the goods shall be regarded as defective which existed at the time when goods are taken over
6.2.3. The buyer is entitled to exercise the right of defect which occurs in consumer goods during the twenty-four (24) months of taking over, it does not apply to:
6.2.4. The buyer can not exercise the right of defect in case he knew about the defect when taking over, or if the he caused the defect on his own.
6.2.5. The buyer cannot exercise the right of defect in case of defect, which he should recognize with usually attention already at the moment of conclusion of the contract of purchase. This does not apply if the seller explicitly assures the buyer that the goods are free from defects or hid the defect slyly.
6.2.6. The buyer inspects goods as soon as possible after taking over of the goods and verifies its properties and quantity.
6.2.7. If the goods have defect from which the seller is liable, and if it concerns of goods sold for a reduced price or a second-hand goods, instead of the right to have the goods exchanged, the buyer shall have the right to an appropriate price reduction.
6.3. Substantial breach of the contract
6.3.1. If defective performance is find as substantial breach of the contract, the buyer can exercise the right to
6.3.2. The buyer can exercise the right to an appropriate reduction of the purchase price even if the seller cannot deliver new goods without defects, replace the component of the thing or repair the goods, and also if the seller does not eliminate the defect within a reasonable time or if the elimination of the defects causes substantial difficulties to the buyer.
6.3.3. The buyer shall inform the seller (as described in subsection 6.5.), which right he has chosen, when he notifying the seller of the defect, or without undue delay after notification of the defect. The buyer cannot change selected option without the consent of the seller; this does not apply if the buyer demands to repair defects that may become appear as not feasible to repair. If the seller does not repair the defects within a reasonable time or notify the buyer that he cannot repair the defects, the buyer may demand instead of repairing defects an appropriate reduction of the purchase price or cancel the contract.
6.3.4. If the buyer do not chose the right on time, he can exercise the rights as in the case of non-essential breaches of contract (see subsection 6.4. below)
6.4. Non-essential breach of contract
6.4.1. If defective performance is find as non-essential breach of the contract, the buyer can exercise the right to demand the elimination of certain defects in the goods by their repair, or demand an appropriate reduction of the purchase price.
6.4.2. Unless the buyer claims a reduction of the purchase price, or cancels the contract, the seller can deliver missing goods or eliminate the legal defects of the goods. The seller can eliminate the other defects in a manner of his own choice, either by their repair or by delivery of substitute goods.
6.4.3. If the seller does not eliminate the defects on time (within a reasonable time, but no later than within 30 days) or refuses to eliminate the defects, the buyer may demand an appropriate reduction of the purchase price or cancel the contract. The buyer may not alter the claim for which he has opted without the seller’s consent.
6.4.4. The buyer may exercise the right to delivery of substitute goods or replacement components also if the goods suffer from a defect which is removable (repairable) if the buyer cannot duly use the goods because of a recurrence of defect after its repair or because of several defects. In such case the buyer can exercise the right to cancel the contract.
6.4.5. In case of exercising the right to delivery of substitute goods, the buyer returns the originally supplied things to the seller at his own expense.
6.4.6. If the buyer fails to notify the seller of the defects in the goods without undue delay after he could has ascertained the defects during an early and adequate inspection,the court of law don't adjudge right arising from defects in goods. The same applies if the defect is hidden, unless the defect is notified without undue delay after the buyer could ascertain the defect with a sufficient care, but not later than two years after taking over.
6.5. An exercising of buyer’s rights arising from the liability of the seller for defects
6.5.1. The buyer applies his rights arising from the liability of the seller for defects (with the exception of the right to a reasonable discount ) at the seller's mailing address:
Nina Burešová, Křivoklátská 885, Praha 9 - Letňany, 199 00, Česká Republika
The buyer sends to the mailing address defective goods by a transport service. Defective goods should be properly secured to avoid any damage during transportation, the package should be clearly marked "COMPLAINT" or by similar expression and should include:
Without the mentioned above, it is impossible to identify the origin and defects of the goods.
6.6. The buyer exercises the right to an appropriate reduction of the purchase price by an unequivocal written message addressed to the e-mail or mailing address of the seller. The message should include at least the details of which can be clearly identify the person of the buyer, subject of the complaint, the takeover date of the goods , the date of exercising the right and the description of the defect.
6.7. If the buyer exercises the right of defective performance, the seller confirms him in writing when he exercised the right, as well as the acceptation of the repair and its duration.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. The buyer acquires the ownership title of the goods by paying the entire purchase price of the goods.
7.2. The buyer acknowledges that the software and other contents of the web interface of the business (including photos of the goods and the order form etc.) are protected by copyright law. The buyer agrees not to engage in any activity that would allow him or third parties to unduly interfere with or use software or other content of the web interface of the business.
7.3. The buyer is not entitled while using the web interface of the business to use the mechanisms, software or other procedures that could affect the operation of the web interface of the business. Web Interface of the business can be used only to the extent that is not at the expense of the rights of other customers of the seller and which is consistent with its purpose.
7.4. The seller is not bound in relation to the purchaser by any codes of conduct within the meaning of the Civil Code.
7.5. The buyer acknowledges that the seller shall not be liable for errors arising from the interference of third parties to the web interface of the business or arising from use of the web interface of the business in violation of its purpose.
8. PRIVACY AND SENDING OF COMMERCIAL COMMUNICATION AND COOKIE STORAGE
8.1. The protection of the lessee’s personal data, who is a natural person, is provided especially by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended and Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR").
8.2. The buyer acknowledges that he is obligated to state his personal data (for orders made via the web interface of the business) correctly and truthfully.
8.3. The buyer agrees to receive information related to goods, services or company of the seller to the buyer's email address and agrees to receive commercial communication from the seller to the buyer's email address.
9. THE DELIVERY
9.1. Unless agreed otherwise, all correspondence related to the contract of purchase has to be delivered to the other party in writing, by email, in person or by postal service (chosen by the sender). The email address that was used for the purpose of ordering goods is used for delivering the correspondence to the buyer.
10. FINAL PROVISIONS
10.1. If the relationship associated with the use of the web interface of the business or if the legal relationship of the contract of purchase includes international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
10.2. If the Czech and English versions of contract of purchase do not coincide in terms of their meaning, or the meaning of the English version is unclear due to imperfect translation, the provisions in Czech language are always decisive. If the difference is significant and the buyer proves that he was misled due to the linguisticdifference so substantially that if he had known about the differences, he would have not entered into a contract of purchase, he has the right to cancel the contract. It does not apply if the buyer knew or could have known with usually attention about the unclarity already at the moment of conclusion of the contract of purchase and without undue delay did not notify the unclarity to the seller.
10.3. The seller is entitled to sell the goods on the basis of a trade license (in Czech "živnostenské oprávnění") and seller activity is not a subject of any other permissions. Trade inspectioncarried out under its authority the Licensing Office (in Czech "živnostenský úřad").
10.4. Amendments and supplements of the contract of purchase and terms and conditions require written form.
10.5. The contract of purchase including terms and conditions is archived in electronic form by the seller and is not accessible.
11. CONTACT DATA OF THE SELLER
Correspondence address: Nina Burešová, Křivoklátská 885, Prague 9 - Letnany, 199 00, Czech Republic
Email address: email@example.com
Phone: 606 193 283
Prague, 20 September 2019