TERMS AND CONDITIONS
for the sale of goods via the e-shop located at the website www.jananovaklace.eu
- In accordance with Section 1751 (1) of Act no. 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), these Terms and Conditions (hereinafter referred to as the “Terms and Conditions” of the entrepreneur Jan Černík, with the registered office Bělohorská 274/9, Praha 6, Břevnov, 169 00, company number: 434 66 079 (hereinafter referred to as the “Seller”) regulate mutual rights and obligations of the Contracting Parties arisen in relation to or based on a Purchase Contract (hereinafter referred to as the “Purchase Contract”) entered into between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the e-shop of the Seller. The e-shop is operated by the Seller on the website located at the internet address www.jananovaklace.eu (hereinafter referred to as the “Website”) through the Website interface (hereinafter referred to as the “Website interface”).
- The Terms and Conditions do not apply to cases where a person having the intent to buy the goods from the Seller is a legal entity or a person acting within its business or its self-employment professional activity when ordering the goods.
- Provisions derogating from the Terms and Conditions may be stipulated in the Purchase Contract. The specific provisions in the Purchase Contract shall prevail over the provisions in the Terms and Conditions.
- The provisions in the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are executed in the Czech and the English languages. The Purchase Contract may be concluded in the Czech and the English languages.
- The Terms and Conditions may be modified or amended by the Seller. This provision is without prejudice to the rights and obligations arisen during the effective period of the previous version of the Terms and Conditions.
II. CONCLUSION OF THE PURCHASE CONTRACT
- The presentation of the goods located on the Website interface is of informative nature and the Seller is not obliged to conclude the Purchase Contract regarding these goods. Section 1732 (2) of the Civil Code shall not apply.
- The Website interface contains information regarding the goods, including the prices of individual goods. Prices of the goods include the Value Added Tax and all the related fees. Prices of the goods shall apply during the period of being displayed on the Website interface. This provision shall not limit the possibility of the Seller to conclude the Purchase Contract under individually stipulated conditions.
- The Website interface also contains information on costs related to packaging and delivery of the goods.
- The Buyer shall fill in the order form on the Website interface to order the goods. The order form shall contain, in particular, the information on:
- ordered goods (the ordered goods shall be “placed” by the Buyer into the electronic shopping cart on the Website interface),
- methods of payment of the Purchase Price of the goods, information on requested methods of delivery of the ordered goods, and
- information on costs related to the delivery of the goods (hereinafter jointly referred to as the “Order”).
- Prior to sending the Order to the Seller, the Buyer is provided with the possibility to check and change the information entered into the Order by the Buyer, also with regard to the possibility of the Buyer to detect and correct the errors arisen when entering the data into the Order. The Order is sent by the Buyer to the Seller by clicking on the button “Buy”. The information entered into the Order are considered by the Seller as correct. Immediately after receiving the Order, the Seller shall confirm such receipt to the Buyer by electronic mail to the email address of the Buyer indicated in the User account or in the Order (hereinafter referred to as the “email address of the Buyer”).
- Depending on the nature of the Order (quantity of the goods, the amount of the Purchase Price, anticipated costs for transportation), the Seller is always entitled to ask the Buyer to make an additional confirmation of the Order (for example by writing or by telephone).
- The contractual relationship between the Seller and the Buyer is formed by delivering the acceptance of the Order which is sent by the Seller to the Buyer by email to the email address of the Buyer.
- The Buyer consents to the use of distance communication means when concluding the Purchase Contract The costs incurred by the Buyer when using the distance communication means in relation to concluding the Purchase Contract (internet connection costs, telephone calls costs) shall be borne by the Buyer on its own and these costs shall not differ from the standard rate.
III. PURCHASE PRICE AND THE PAYMENT CONDITIONS
- The Purchase Price and the costs related to the delivery of the goods, if any, under the Purchase Contract may be paid by the Buyer by the following means:
- cashless by bank transfer to the account of the Seller no. 1014874635/6100, maintained with Equa Bank (hereinafter referred to as the “Bank Account of the Seller”);
- cashless through a payment system of a third party.
- Along with the Purchase Price, the Buyer is obliged to pay to the Seller also the costs related to the packaging and delivery of the goods in the stipulated amount. Unless expressly stipulated otherwise, the Purchase Price shall mean the price including the costs related to the delivery of the goods.
- The Seller requests no deposit or similar payment from the Buyer. This is without prejudice to Article 3.6 of the Terms and Conditions regarding the obligation to pay the Purchase Price for the goods in advance.
- In case of payment in cash or in case of payment on delivery, the Purchase Price is due upon taking over the goods. In case of cashless payment, the Purchase Price is due within five (5) days as of the conclusion of the Purchase Contract.
- In case of cashless payment, the Buyer is obliged to pay the Purchase Price for the goods along with indication of the variable symbol of the payment. In case of cashless payment, the obligation of the Buyer to pay the Purchase Price is fulfilled at the moment of crediting the corresponding amount to the Bank Account of the Seller.
- The Seller is entitled to request the payment of the entire Purchase Price prior to sending the goods to the Buyer, especially if the Buyer fails to make the additional confirmation of the Order (Article 2.6). Section 2119 (1) of the Civil Code shall not apply.
- Any discounts on the price of the goods provided by the Seller to the Buyer may not be mutually combined.
- If it is usual in the business relations or if it is prescribed by generally binding legal regulations, the Seller shall issue to the Buyer a tax document - invoice regarding payments made under the Purchase Contract. The Seller is not the Value Added Tax payer. The tax document - invoice shall be issued by the Seller to the Buyer upon payment of the Purchase Price of the goods and send it in the electronic form to the email address of the Buyer.
IV. WITHDRAWAL FROM THE PURCHASE CONTRACT
- The Buyer acknowledges that according to Section 1837 of the Civil Code he/she may not withdraw from the Purchase Contract for the supply of sealed goods which were unsealed by the consumer and which are not suitable for the return due to hygiene reasons.
- Unless it concerns the case referred to in Article 4.1 of the Terms and Conditions or another case where it may not be withdrawn from the Purchase Contract, the Buyer has the right, in accordance with Section 1829 (1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days as of the takeover of the goods and in case the subject-matter of the Purchase Contract is several kinds of goods or supply of several parts, the time limit starts to run as of the date on which the last supply of the goods is taken over. The withdrawal from the Purchase Contract shall be sent to the Seller within the time limit referred to in the previous sentence. For the withdrawal from the Purchase Contract, the Buyer may use the template form provided by the Seller which is attached to the Terms and Conditions as an Annex. The withdrawal from the Purchase Contract may be sent by the Buyer, inter alia, to the email address of the Seller to [email protected]
- V In case of withdrawal from the Purchase Contract according to Article 4.2 of the Terms and Conditions, the Purchase Contract is null and void from the beginning. The goods shall be returned by the Buyer to the Seller within fourteen (14) days as of the delivery of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs related to returning the goods to the Seller, even in case the goods may not be returned by the ordinary postal route due to its nature.
- In case of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days as of the withdrawal from the Purchase Contract by the Buyer in the same way as the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer already when returning the goods by the Buyer or in another way if the Buyer consents thereto and if the Buyer incurs no additional costs thereby. 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 proves that the goods have been dispatched to the Seller.
- The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the Buyer's claim for refund of the Purchase Price.
- In cases where the Buyer has in accordance with Section 1829 (1) of the Civil Code the right to withdraw from the Purchase Contract, the Seller is also entitled to withdraw from the Purchase Contract any time until the moment of taking over of the goods by the Buyer. In such case, the Seller returns the Purchase Price to the Buyer without undue delay by transfer to the bank account determined by the Buyer.
- Where the Buyer was provided with a gift together with the goods, the contract of donation between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Contract, the contract of donation becomes ineffective regarding such gift and the Buyer is obliged to return the provided gift together with the goods.
V. TRANSPORTATION AND DELIVERY OF THE GOODS
- Where the method of transportation is stipulated based on a specific request of the Buyer, the Buyer bears the risk and any additional costs related to such method of transportation.
- Where, according to the Purchase Contract, the Seller is obliged to deliver the goods to the place determined by the Buyer in the Order, the Buyer is obliged to take over the goods upon the delivery.
- In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than specified in the Order, the Buyer is obliged to pay the costs related to the repeated delivery of the goods or costs related to the other delivery method.
- Upon taking over of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a violation of the packaging, which indicates unauthorized entry into the consignment, the Buyer is not obliged to take over the consignment from the carrier. This shall not affect the Buyer's rights arising from the liability for defects of the goods and other Buyer's rights arising from the generally binding legal regulations.
- Other rights and obligations during the transportation of the goods may be regulated by specific delivery conditions of the Seller, if issued by the Seller.
VI. RIGHTS ARISING FROM THE DEFECTIVE PERFORMANCE
- Rights and obligations of the Contracting Parties regarding the rights arising from the defective performance are governed by the relevant generally binding legal regulations (in particular by the Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Act no. 634/1992 Sb., on the Consumer Protection, as amended).
- The Seller is liable to the Buyer that the goods have no defects upon takeover. The Seller is in particular liable to the Buyer that at the time the Buyer takes over the goods:
- the goods have the properties the Contracting Parties have stipulated and in the absence of such stipulation, the properties which the Seller or the Producer described or which the Buyer expected given the nature of the goods and the advertising presented thereby,
- the goods are suitable to be used for the purpose stated by the Seller or to which the goods of such kind is usually used,
- the goods quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model,
- the goods have corresponding quantity, measurement or weight, and
- the goods meet the requirements laid down by legal regulations.
- In case there is a defect within six months from the takeover, the goods are presumed to have already been defective upon takeover.
- The Seller has obligations arising from the defective performance at least to the extent to which the producer´s obligations arising from the defective performance exist. The Buyer is otherwise entitled to assert his/her rights arising from the defect which occurs in consumer goods within twenty four months from the takeover. If the period for which the goods may be used is specified on the sold goods, their packaging, the instruction manual attached to the goods or in advertising in accordance with other legal regulations, the provisions on quality guarantee shall apply. By the quality guarantee, the Seller undertakes that the goods will be fit for use for the usual purpose for a certain period or that it will retain the usual properties. If the Buyer lawfully claims the defect towards the Seller, the time limit for asserting the right from the defective performance or the guarantee period is suspended for the time during which the Buyer cannot use the defective goods.
- The rights arising from the liability for defects of the goods shall be asserted at the Seller. However, if the confirmation issued by the Seller regarding the extent of rights arising from the liability for defects (in accordance with Section 2166 of the Civil Code) designates another person to carry out repairs who is located at the place of the Seller or another place closer to the Buyer, the Buyer shall assert his/her right of repair against the person designated to carry out the repairs. Except in cases where another person according to the previous sentence is intended to carry out the repair, the Seller is obliged to accept the complaint at any business establishment in which acceptance of the complaint is possible with respect to the assortment of products or services to be sold or the Seller's registered office. The Seller is obliged to issue to the Buyer a written confirmation regarding the fact when the Buyer asserted the right, what is the subject of the complaint and which methods of settlement of the complaint is requested by the Buyer; confirmation regarding the date and method of settlement of the complaint, including the confirmation on carrying out the repair and its duration, or written justification of the refusal of the complaint. This obligation applies also to the other persons designated to carry out the repair by the Seller.
- The Buyer may specifically claim the rights arising from the liability for defects of the goods in person at Bělohorská 274/9, Prague 6, by phone at +420604232023 or by email at [email protected]
- The Buyer shall notify the Seller of the right he/she has chosen upon the notification of the defect or without undue delay thereafter. The Buyer may not change the choice made without the consent of the Seller; this shall not apply if the Buyer requested the repair of a defect which proves to be irreparable.
- If the goods lack the properties specified in Article 6.2 of the Terms and Conditions, the Buyer may also require the supply of new goods without the defects, unless it is disproportionate to the nature of the defect but where the defect concerns only a component part of the goods, the Buyer may only request a replacement of that component part; if it is impossible, he/she may withdraw from the Contract. If, however, it is disproportionate to the nature of the defect, in particular, where the defect can be removed without undue delay, the Buyer has the right to have the defect removed gratuitously. Even where the defect is removable, the Buyer is entitled to have new goods supplied or the component part replaced if he/she cannot use the goods properly due to the repeated occurrence of the defect after the repair or due to a larger number of defects. In this case, the Buyer shall also have the right to withdraw from the contract. If the Buyer fails to withdraw from the Contract or assert his/her right to have new defect-free goods supplied, their component part replaced or the goods repaired, he/she may require a reasonable price reduction. A Buyer also has the right to a reasonable price reduction where the Seller cannot supply to him/her new defect-free goods, replace their component part or repair the goods, as well as where the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the Buyer.
- A person having the right under Section 1923 of the Civil Code is also entitled to reimbursement of the costs reasonably incurred in asserting this right. However, if he/she fails to assert the right to compensation within one month after the time limit for claiming the defect has expired, the court shall not grant that right if the Seller invokes late assertion of the right to compensation.
VII. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Buyer shall acquire the ownership title to the goods by paying the entire Purchase Price of the goods.
- The Seller is not bound in relation to the Buyer by any code of conduct within the meaning of Section 1826 (1)(e) of the Civil Code.
- Consumer complaints management shall be ensured by the Seller via the email [email protected] Notification on management of the complaint of the Buyer shall be sent by the Seller to the email address of the Buyer.
- The Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Praha 2, company number: 000 20 869, website: https://adr.coi.cz/cs, is competent to alternative dispute resolution for consumer disputes arising from the Purchase Contract. The platform for online dispute resolution located at the website http://ec.europa.eu/consumers/odr may be used for resolution of disputes arising from the Purchase Contract between the Seller and the Buyer.
- European Consumer Centre Czech Republic, with the registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz , is the contact point in accordance with the 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 the goods based on the Trade Licence. The Trade Licence inspection is executed by the competent Trade Licence Office within its jurisdiction. Supervision of personal data protection is executed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs inter alia the supervision of compliance with Act no. 634/1992 Sb., on Consumer Protection, as amended, within a defined scope.
- The Buyer acquires the risk of change in circumstances under 1765 (2) of the Civil Code.
VIII. PERSONAL DATA PROTECTION
- Pursuant to Article 13 of Regulation 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 and repealing Directive 95/46 / EC (General Data Protection Regulation) (hereinafter referred to as the “GDPR Regulation”) relating to the processing of Buyer's personal data for the purpose of performance of the Purchase Contract, for the purpose of negotiating the Purchase Contract and for the fulfilment of the Seller's legal obligations, the Seller fulfils its obligation to inform the Buyer by means of a separate document.
IX. RECEIVING COMMERCIAL COMMUNICATIONS AND STORING THE COOKIES
- Pursuant to Section 7 (2) of Act No. 480/2004 Sb., on Certain Information Society Services and on amendments to certain acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial communications by the Seller to the email or telephone number of the Buyer. Pursuant to Article 13 of the GDPR Regulation relating to the processing of the Buyer's personal data for the purpose of sending commercial communications, the Seller fulfils its obligation to inform the Buyer by means of a separate document.
- The Buyer consents to the storing of the so-called cookies to his/her computer. If it is possible to make a purchase on the website and fulfil the Seller's obligations under the Purchase Contract without storing the cookies on the Buyer's computer, the Buyer may at any time withdraw the consent under the previous sentence.
- The Buyer may be served to the email address of the Buyer.
- Where the relationship established by the Purchase Contract includes international (foreign) element, the Contracting Parties stipulate that the relationship is governed by Czech law. The choice of law referred to in the preceding sentence shall not deprive the Buyer, who is the consumer, of the protection provided by provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of the choice of law under the provisions of Article 6 (1) of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
- If any of the provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which is as close as possible to the invalid provision. The invalidity or ineffectivity of one provision shall not affect the validity of the other provisions.
- The Purchase Contract, including the Terms and Conditions, is stored by the Seller in the electronic form and is not accessible.
- The template form for withdrawal from the Purchase Contract forms an Annex to the Terms and Conditions.
- The contact details of the Seller: address for service: Jan Černík, Bělohorská 274/9, 16900 Praha 6, email address [email protected], telephone +420604232023.