Terms of service
GENERAL TERMS AND CONDITIONS
Frank Company s.r.o.
Heřmanova 834/42, Holešovice, 170 00 Praha 7
ID No.: 09418563
VAT Reg. No.: CZ09418563
Bank account No.: 2801853678/2010 (“seller’s account”)
registered in the Commercial Register with the Municipal Court in Prague, Section C, File No. 336096
contact address: Frank Company s.r.o., Heřmanova 834/42, 170 00 Praha 7 (“contact address”)
telephone: +420 721 260 044 (“contact telephone”)
e-mail: firstname.lastname@example.org (“contact e-mail”)
- The following General Terms and Conditions (“General Terms and Conditions”) pursuant to Sec. 1751 et seq. of the Act No. 89/2012 Coll., Civil Code, as amended (“Civil Code”) apply to the purchase in the online store which is placed on website available at the Internet address www.ariette.cz, www.ariette.sk a www.ariettestore.com (“store”).
- The General Terms and Conditions regulate mutual rights and obligations of the seller and a natural person, which enters into the purchase agreement out of scope of one’s own business activity as a consumer, or as part of one’s own business (“purchaser”) via the web interface of the store.
- By sending the order and by confirming in the web interface of the store, the purchaser confirms that he/she accepts these General Terms and Conditions and that he/she has read it. The purchase agreement, i.e. the General Terms and Conditions including the order and its acceptance, shall be sent to the purchaser by e-mail immediately following the conclusion of the purchase agreement.
- The provisions of the General Terms and Conditions form an integral part of the purchase agreement. The purchase agreement and the General Terms and Conditions are made in the Czech and English language. In case of any discrepancy between the language versions of these General Terms and Conditions, Czech language shall prevail. The purchase agreement may be concluded in the Czech and English language, unless the purchaser and the seller expressly agree otherwise.
- The provisions deviating from the General Terms and Conditions can be agreed in the purchase agreement. Deviating provisions in the purchase agreement take precedence over the provisions of the General Terms and Conditions.
ORDER AND CONCLUSION OF PURCHASE AGREEMENT
- The purchaser order goods without registration in the web interface of the store (by filing in the order form or otherwise).
- The web interface of the store contains a list of goods and information regarding the goods, including the prices. Prices of goods are listed including all taxes (including VAT), duties and other fees. The stated prices do not include prices and costs for packaging, transport or delivery of goods to the purchaser. Information on costs associated with packaging and transport or delivery of goods is contained in the web interface of the store and Art. 3 of the General Terms and Conditions, while in the event of discrepancies the price in the web interface of the store prevails. Stated prices apply only in cases where the goods are delivered within the territory of the European Union. When delivering to a country outside the European Union, the prices according to the valid price list of the carrier shall apply.
- The purchaser acknowledges that the seller is not obliged to enter into a purchase agreement for goods other than the goods published on the web interface of the store. Likewise, the seller is not obliged to enter into a purchase agreement regarding the goods in a different colour and in other sizes than those specified on the web interface of the store.
- The prices of the presented goods and the prices for packaging, transport and delivery remain valid as long as they are displayed in the web interface of the store. Any discounts of the price of goods provided by the seller to the purchaser shall not be combined with each other, unless the seller expressly states otherwise.
- The possibility of the seller to enter into a purchase agreement with the purchaser under individually agreed conditions is maintained.
- The presentation of the goods placed in the web interface of the store is of an informative nature and is not an offer from the seller (Sec. 1732 par. 2 of the Civil Code shall not apply). The seller is not obliged to enter into a purchase agreement regarding the goods presented in such way. The offer marked as “promotion”, “discount”, “sale” or similar applies until the stock is sold out or the end of such offer displayed in the web interface of the store or the offer is cancelled or until the update of the offer. The seller may provide different types of discounts with different rules for application. In the event that the discount or discount coupon is applied by the purchaser in breach of the rules of the discount or discount coupon, the seller has the right to refuse such application of the discount or discount coupon. In such a case, the purchaser is informed and shall be offered the opportunity to process the order without such discount or applied discount coupon. The terms and conditions for applying respective discount or marketing event are listed either directly with the discount or marketing event or there is a link to the web interface of the store for a discount or marketing event, where the rules of the discount or marketing event are described in detail.
- To order goods, the purchaser fills in the order in the order form in the web interface of the store, which contains in particular information regarding the goods, the number of pieces of goods, the method of payment and delivery.
- When placing the order, the purchaser is allowed to check and change the data that the purchaser has entered in the order, with regard to the possibility of the purchaser to detect and correct errors occurred when entering data into the order. The purchaser sends the order to the seller by clicking on the button “Place order”. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the seller shall confirm the receipt of the order to the purchaser by e-mail to the e-mail address of the purchaser. Unless stated otherwise in the confirmation, such confirmation is not considered an acceptance of the order within the meaning of Art. 2.10 of the General Terms and Conditions, therefore it does not represent the conclusion of a purchase agreement.
- The seller is entitled to request the purchaser for additional confirmation of the order or verification of the purchaser’s identity (in writing or by telephone). In the event that the order or the identity of the purchaser is not confirmed by the purchaser following the request of the seller, the order is considered invalid and the purchase agreement shall not be concluded. In the event of deficiency, especially incompleteness or discrepancy of data on persons authorized to order goods, the seller is entitled to disregard the order. The seller is entitled to reject or disregard the order that does not meet the essential requirements or return it for completion and provide a reasonable period to do so. Expiration of such period without completion of the order means that the order is deemed as an order that had never been delivered.
- The contractual relationship between the seller and the purchaser arises (i.e. the purchase agreement is entered into) by delivery of the acceptance of the order, which is sent by the seller to the purchaser by e-mail to the e-mail address of the purchaser, and if not, then by the payment of the purchase price in full or by taking the ordered goods over by the purchaser, whichever occurs first. Acceptance of the order may be part of the confirmation of receipt of the order (if explicitly stated in the confirmation), or it may follow such confirmation separately.
- The purchaser acknowledges that the seller is not obliged to enter into a purchase agreement, in particular with persons who have previously breached the purchase agreement (including business conditions).
- The purchaser agrees to the use of means of distance communication when concluding the purchase agreement. The costs incurred by the purchaser in the use of means of distance communication in connection with the conclusion of the purchase agreement (especially the cost of Internet connection, the cost of telephone calls) shall be borne by the purchaser himself. These costs do not differ from the basic rate.
- By the purchase agreement the seller undertakes to deliver to the purchaser the goods specified in the order and the purchaser undertakes to take the goods over from the seller or the carrier chosen by him and pay the seller the purchase price of the goods specified in the order.
- In the event of an obvious technical error on the part of the seller in stated price of the goods in the web interface of the store or during placing an order, the seller is not obliged to deliver the goods to the purchaser for this obviously incorrect price, even if the purchaser was sent the acceptance of the order pursuant to Art. 2.10 of the General Terms and Conditions.
- The seller shall notify the purchaser if the price stated for the goods in the web interface of the store or during placing an order is no longer valid. In the event that the purchaser does not agree with the price increase, the seller reserves the right to withdraw from the purchase agreement.
- The purchaser is entitled to cancel orders not yet confirmed by the seller pursuant to Art. 2.10 on the contact telephone or the contact e-mail of the seller. All orders accepted by the seller pursuant to Art. 2.10 are binding. Even a binding order can be cancelled by prior arrangement with the seller. In the event that the order is not cancelled before the shipment, and will be shipped, the purchaser may be required to reimburse the costs associated with the shipment and the return of goods caused by the cancellation of the order. For goods made to measure or at the request of the purchaser, the order can be cancelled only until the goods begin to be produced.
PAYMENT AND DELIVERY CONDITIONS
- The purchaser pays the purchase price of the goods and any costs associated with the delivery and packaging of goods under the purchase agreement. Unless specified otherwise, the purchase price also includes the costs associated with the packaging and delivery of goods.
- The method of payment shall be specified by the purchaser in the order. The purchaser has the opportunity to pay the purchase price for the goods to the seller in the following ways:
- cashless transfer to the seller’s account;
- payment via the payment gateway Stripe
Any other payment options of the purchaser in connection with the methods of payment of the price of goods mentioned above can be listed in the web interface of the store, in the order and in the acceptance of the order.
- In the event of cashless payment, the purchase price is due before delivery of the goods within 14 days following the conclusion of the purchase agreement. The purchaser is obliged to state the variable symbol when paying by bank transfer. In the event of cashless payment by bank transfer, the obligation of the purchaser to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account, in the event of payment through the payment gateway when the relevant amount is credited to the payment gateway account.
- The seller does not require any advance payment or other similar payment from the purchaser. Payment of the purchase price before sending the goods does not represent a deposit.
- The seller shall issue a tax document – invoice to the purchaser. The invoice shall be issued by the seller to the purchaser following the payment of the purchase price of the goods and the seller shall send the invoice in electronic form to the electronic address of the purchaser. At the same time, the seller is obliged to register the received revenue with the tax administrator online, and in the event of a technical failure, within 48 hours at the latest. The seller is a VAT payer.
- The purchaser shall make the choice of delivery method in the order and the seller confirms it by the receipt of the order. Partial delivery of the ordered goods is possible provided that no opposite has been agreed.
- The term for the delivery of the order may be extended for reasons independent of the seller. The seller reserves the right to make changes, both the prices of goods from the offer of the seller and the price of shipment, whereas these changes do not affect orders placed before such changes.
- The costs of delivery of goods depending on the method of dispatch and receipt of goods are listed in the web interface of the store, shall be specified in the order of the purchaser and in the acceptance of the order by the seller.
- In the event that the purchaser neither take the goods over, nor withdraw from the purchase agreement pursuant to the General Terms and Conditions, the seller is entitled to reimbursement of costs associated with delivery and storage, as well as other costs incurred by the seller due to non-receipt of goods by the purchaser (transport of goods to the purchaser, transport of goods back to the seller, etc.). For storage, the seller is entitled to compensation of CZK 10 for each day of delay, but not more than a total of CZK 500 or up to the purchase price if it is less than CZK 500. Furthermore, the seller has the right to withdraw from the purchase agreement.
- In the event that for reasons on the part of the purchaser it is necessary to deliver the goods repeatedly or in another way than agreed, the purchaser is obliged to pay the costs associated with such delivery or costs associated with another method of delivery.
- Delivery of the goods pursuant to these General Terms and Conditions means the moment of delivery of goods to the purchaser in accordance with the purchase agreement. Unreasonable rejection of the goods by the purchaser is not considered a breach of the obligation to deliver the goods by the seller. Upon receipt of the goods, the purchaser is obliged to check the integrity of the packaging of the goods and immediately notify the carrier and the seller of any defects. Refusal to accept the shipment due to damaged packaging is not considered an unreasonable refusal of goods. By signing the delivery note, the purchaser confirms that the consignment of goods fulfilled all the requirements and acknowledges that claims for goods due to breach of the packaging of the consignment is no longer possible.
- The purchaser acquires the right of ownership of the goods by paying the purchase price for the goods in full, but not before taking over the goods. Liability for accidental destruction, damage or loss of the goods passes to the purchaser at the time of receipt of the goods or at the time when the purchaser was obliged to take over the goods, but did not take over the goods in breach of the purchase agreement.
- The purchaser concluding the purchase agreement as a consumer outside his business activity has the right to withdraw from the purchase agreement within 14 days of receipt of the goods. Withdrawal from the purchase agreement shall be sent to the seller within the period for withdrawal from the agreement to the contact e-mail or contact address. The seller shall confirm the delivery of the withdrawal to the purchaser. For withdrawal, the purchaser may also use the withdrawal form.
- The purchaser acknowledges that pursuant to the provisions of Sec. 1837 of the Civil Code, he/she may not withdraw from the purchase agreement for:
- the supply of goods in closed package, which the consumer has removed from the package and which are not suitable for return due to hygienic reasons;
- the supply of goods subject to rapid decay;
- the supply of goods that have been irretrievably mixed with other goods after supply;
- the supply of goods that have been customised or personalised; or
the delivery of an audio or video recording or a computer software whose original seal was unsealed after supply.
- In the event of withdrawal from the purchase agreement, the purchase agreement is cancelled from the beginning. The purchaser is obliged to return the goods to the seller within 14 days of withdrawal from the purchase agreement to a contact address, other than cash on delivery, which the seller does not accept. The goods must be returned to the seller undamaged, unworn and uncontaminated and, if possible, in the original packaging.
- Together with the returned goods, the purchaser encloses a copy of the delivery note and invoice, if issued, or another document proving the purchase of goods, as well as a written statement on withdrawal from the purchase agreement and the chosen method of refund. The statement must also include the contact address, telephone number and e-mail address of the purchaser.
- Within 10 days of the return of the goods by the purchaser, the seller is entitled to inspect the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
- In the event that the purchaser withdraws from the purchase agreement, the seller shall return the funds received from the purchaser on the basis of the purchase agreement to the purchaser, no later than 14 days following withdrawal from the purchase agreement by the purchaser, in the same way as received from the purchaser. The seller shall return the received funds to the purchaser in another way only if the purchaser agrees and if no additional costs occur.
- In the event that the purchaser withdraws from the purchase agreement, the seller is not obliged to return the funds received to the purchaser before the purchaser returns the goods or proves that he/she sent the goods to the seller.
- The purchaser acknowledges that if the goods returned by the purchaser are damaged, worn or partially consumed, the seller is entitled to compensation for the damage caused to the seller. The seller is entitled to unilaterally set off the right to compensation for the damage against the right of the purchaser to a refund of the purchase price and the cost of delivery of the goods.
- The purchaser is obliged to pack the goods in a suitable package for sending so that it is not damaged or destroyed. The purchase price and delivery costs shall not be refunded for goods substantially damaged or destroyed during transport as a result of the use of unsuitable packaging.
- The costs associated with the return of goods to the seller in the event of withdrawal from the purchase agreement by the purchaser shall be borne by the purchaser, even if the goods cannot be returned by ordinary mail due to their nature. The seller is entitled to set off his actual costs associated with the return of goods against the purchase price and the cost of delivery of goods, which shall be returned to the purchaser.
- Until the goods are taken over by the purchaser, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller shall return the purchase price to the purchaser cashless to the account communicated to him for this purpose by the purchaser or the account from which the funds were transferred to pay the purchase price (if the purchaser does not notify the seller within 5 days of withdrawal).
- In the event that a gift is provided together with the goods, the relevant gift agreement is concluded with the resolutive condition that if any party withdraws from the purchase agreement, the gift agreement loses its effect and the purchaser is obliged to return the gift together with the goods.
- In the event that the goods for objective reasons (goods are sold out, goods are no longer produced, production or import of goods by the manufacturer, importer or supplier has been interrupted, its price or delivery costs have increased significantly) cannot be delivered under the original conditions, or performance becomes objectively impossible, or if the purchaser has not settled all obligations to the seller due on the date of issue of the order, the seller has the right to withdraw from the purchase agreement. The seller shall immediately inform the purchaser about the withdrawal from the purchase agreement. In the event that the purchaser has already paid all or part of the purchase price, the amount received shall be returned cashless to the account communicated for this purpose by the purchaser or the account from which the funds were transferred to pay the purchase price (if the purchaser does not notify the seller within 5 days of withdrawal), no later than 14 days following the withdrawal from the purchase agreement.
DEFECTIVE PERFORMANCE RIGHTS AND COMPLAINTS PROCEDURE
- The rights of the purchaser from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sec. 1914 to 1925, Sections 2099 to 2112 and Sections 2158 to 2174 of the Civil Code and Act. No. 634/1992 Coll., on Consumer Protection, as amended.
- A seller is liable to the purchaser for a defect-free condition of the goods upon takeover. In particular, the seller is liable to ensure that at the time the purchaser takes over the goods:
- the goods have the characteristics stipulated by the parties, and in the absence of an agreement, such characteristics which the seller or producer described, or which the purchaser expected given the nature of the goods concerned and the advertising presented by the seller or producer;
- the goods are suitable to be used for the purpose stated by the seller or to which the goods of such kind are usually used;
- the goods correspond in quality or design to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;
- the goods are in the appropriate quantity, measure or weight; and
the goods comply with the requirements of legal regulations.
- In the event that the defect becomes apparent within 6 months of receipt, it is presumed that the goods were defective at the time of receipt. The purchaser is entitled to exercise his rights from defects that occur in the goods within 24 months of receipt. These provisions shall not apply to goods sold for a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods to a defect corresponding to the extent of use of the goods or their wear and tear upon takeover by the purchaser, or if it follows the nature of goods.
- In the event of a defect that can be removed, the purchaser has the right to request repair of the goods, exchange for new goods or a reasonable discount on the purchase price. In the event of a defect that cannot be removed and which prevents the goods from being properly used as goods without defects, the purchaser has the right to exchange the goods, a reasonable discount on the purchase price or has the right to withdraw from the purchase agreement. The rights arising from defective performance do not belong to the purchaser, if the purchaser knew of such defect before taking the goods over, or if he caused the defect himself. The purchaser has no right to withdraw from the purchase agreement or demand delivery of a new item if he cannot return the item in condition in which he received it, except in cases stipulated by law. In the event that the consumer does not withdraw from the purchase agreement or in the event that he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount from the purchase price. The purchaser is entitled to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as in the event that the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause considerable difficulties for the purchaser.
- The rights arising from defective performance shall be exercised by the purchaser with the seller without undue delay from the discovery of the defect at the contact address, at any of the seller’s premises or at the seller’s registered office. The moment of claim is considered to be the moment when the seller received the claimed goods from the purchaser. The seller is obliged to issue a written confirmation to the purchaser when the purchaser exercised the right, what is the content of the complaint and what method of handling the purchaser requires, confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification.
- The seller handles the received complaints without undue delay, no later than 30 days following the date of the complaint, unless the purchaser and the seller agree on different period. The expiration of such period in vain is considered a material breach of agreement and the purchaser has the right to withdraw from the purchase agreement. The day of the complaint is considered to be the day when the goods were delivered to the contact address, seller’s premises or registered office of the seller.
- The purchaser is obliged to present the claimed goods to the seller in a condition corresponding to legal regulations for the protection of public health and other legal regulations, in particular, the purchaser is obliged to present the goods clean and dry.
- Claims arising from defective performance rights do not apply to goods for which the complaint was made after the expiration of the stated period, as well as to wear and tear of the goods caused by its use. Claims arising from defective performance rights do not apply to defects caused by improper use, non-compliance with the instructions, improper maintenance or improper storage. For used goods, the seller is not liable for defects corresponding to the degree of previous use or wear and tear; in the case of goods sold at a lower price, the seller is not liable for the defect for which the lower price was agreed; instead of the right to exchange, the purchaser is entitled to a reasonable discount. Slight variations in the quality, size, design and colour of the goods are permissible for handmade and handicraft goods and are not considered a claimable defect.
- The purchaser makes a complaint as follows:
- The purchaser informs the seller about the complaint by telephone, e-mail or in writing.
The purchaser delivers the claimed goods to the contact address, to any premises of the seller or registered office of the seller, other than cash on delivery, which the seller does not accept. When sending, the purchaser is obliged to pack the goods in a suitable package so that it is not damaged or destroyed. The goods shall be accompanied by proof of purchase or invoice, if issued, or other document proving the purchase of goods, together with a description of the defect and a proposal of resolution of the complaint.
- In the event of a justified complaint, the purchaser has the right to reimbursement of purposefully spent costs incurred in connection with the complaint. The purchaser may exercise these rights against the seller within 1 month following the expiry of the period for exercising the rights arising from defective performance.
- The seller is entitled to refuse to exercise the rights arising from defective performance of the consumer who complains about the goods in a condition contrary to legal regulations for the protection of public health or other legal regulations.
PERSONAL DATA PROTECTION
- The protection of personal data of the purchaser who is a natural person is provided by Act No. 110/2019 Coll., on Personal Data Processing, as amended, and Regulation (EU) 2016/679 of the European Parliament and of the Council, General Data Protection Regulation (“GDPR”).
- The purchaser acknowledges the processing of the personal data of the purchaser to the extent of name and surname, residential address or delivery and billing address, if different from the residential address, identification number and VAT Reg. No., e-mail address and telephone number, or other personal data stated by the purchaser in the order. Personal data shall be processed for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of sending information and business communications to the purchaser relating to the similar goods or service provided under the purchase agreement.
- The controller of personal data is the seller. The legal basis for the processing of personal data is Art. 6 par. 1 b) of the GDPR, performance of the agreement, and f) of the GDPR, legitimate interest.
- The seller may authorize a third party to process the personal data of the purchaser as a processor. The seller passes the personal data of the purchaser to another controller, external carrier and persons involved in the delivery of goods to the purchaser, to whom the personal data of the purchaser are passed to the minimum extent necessary for the delivery of goods.
- Personal data shall be processed for the period necessary to fulfill the purchase agreement and the rights and obligations arising from it. Should personal data be needed for the purposes of exercising or protecting the rights of the purchaser or seller in disputes, court or administrative proceedings, the personal data of the purchaser shall be retained for the duration of the dispute, solely for the purpose of protecting the rights in such disputes.
- Personal data shall be processed in electronic form by automated means or in printed form in other than by automated means. The personal data of the purchaser are fully secured against misuse.
- The purchaser has the right of access to the personal data of the purchaser and information referred to in Art. 15 of the GDPR, the right to rectification or erasure, or restrictions of processing and the right to transmit data to another controller under the conditions and restrictions set out in Art. 20 of the GDPR. The purchaser has the right to object to the seller to the processing of his personal data. In the event the purchaser requests information about the processing of his personal data, the seller is obliged to provide this information.
- In the event that the purchaser considers that the seller or processor is processing his/her personal data which is contrary to the protection of the private and personal life of the purchaser or contrary to the law or the GDPR, in particular if the personal data are inaccurate with regard to the purpose of their processing, the purchaser is entitled to request the seller or processor for an explanation or to demand that the seller or processor eliminate such situation. In the event that the purchaser is dissatisfied with the processing of the personal data of the purchaser, the purchaser may file a complaint with the seller or the supervisory authority which is the Office for Personal Data Protection in the Czech Republic, with its registered office at Pplk. Sochora 27, 170 00 Praha 7, www.uoou.cz.
- The purchaser is not obliged to provide personal data, the provision of personal data is voluntary. However, the purchaser acknowledges that without the provision of personal data, the purchase agreement cannot be performed and the goods cannot be delivered.
- The purchaser acknowledges that the purchaser is obliged to state personal data correctly, accurately and truthfully and is obliged to inform the seller without undue delay of any change in such personal data.
- The purchaser acknowledges that the seller may process cookies for the purpose of ensuring the basic functions of the operation of the online store, based on the legitimate interest of the seller. The seller is entitled to process any other cookies beyond the legitimate interest of the seller, provided that the purchaser grants free, specific, informed and unambiguous consent to their processing.
- Unless agreed otherwise, all correspondence related to the purchase agreement shall be delivered to the other party in writing by e-mail.
- Correspondence is delivered to the purchaser to the e-mail address stated in the order. Correspondence is delivered to the seller to the contact e-mail.
EXTRAJUDICIAL DISPUTE RESOLUTION
- The seller is entitled to sell goods on the basis of a trade license and the activity of the seller is not subject to any other permission. Trade inspection is carried out within the scope of its competence by the relevant trade office. Compliance with consumer protection regulations is also monitored by the Czech Trade Inspection Authority (http://www.coi.cz/) and consumer protection rights are also defended by their interest groups and other entities for their protection. Supervision over the protection of personal data is performed by the Office for Personal Data Protection (https://www.uoou.cz/).
- The extrajudicial resolution of consumer complaints is provided by the seller via the contact e-mail, or the purchaser may contact interest groups and other entities operating in the framework of consumer protection. The seller is not in relation to the purchaser bound by any codes of conduct in sense of the provisions of Sec. 1826 par. 1 e) of the Civil Code, nor does the seller voluntarily comply with any such codes of conduct.
- In the event that a consumer dispute arises between the seller and the consumer under the purchase agreement, which cannot be resolved by mutual agreement, the consumer may file a proposal for extrajudicial resolution of such dispute to a designated extrajudicial resolution of consumer disputes which is: Czech Trade Inspection Authority – ADR Department, Štěpánská 15, 120 00 Praha 2, email@example.com, www.adr.coi.cz.
- The consumer may also use the online dispute resolution platform at http://ec.europa.eu/consumers/odr/. The contact point for resolving consumer disputes online is the European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, http://www.evropskyspotrebitel.cz.
- The relationship between the seller and the purchaser is governed by the law of the Czech Republic, even in the event that the relationship established by the purchase agreement contains an international element. This does not affect the legal rights of the consumer.
- In matters not regulated by the purchase agreement (including the order and its acceptance) and the General Terms and Conditions (or communication between the parties), the legal relationship is governed by the conditions specified in the web interface of the store. Information regarding the individual technical steps leading to the conclusion of the purchase agreement are apparent from the web interface of the store.
- The seller is not responsible for errors caused by third party interventions in the web interface of the store or as a result of its use contrary to its purpose. When using the web interface of the store the user and the purchaser shall not use any mechanisms, software, scripts or other procedures that could adversely affect its operation, i.e. in particular disrupt the function of the system or disproportionately load the system, shall not perform any activity that could allow him or third parties to interfere with or misuse the software or other components forming the web interface of the store and to use the web interface of the store or any part thereof or software in a manner that shall be inconsistent with its purpose. Errors incurred when entering data before placing an order or when placing and processing of the order shall be detected and corrected on the basis of e-mail or telephone communication.
- The content of the store, all materials (texts, photographs, images, logos, etc.) and materials in related print media (promotional leaflets, advertisements, etc.), including the software of the web interface of the store and the General Terms and Conditions, is protected by copyright of the seller and may be protected by copyright of other persons. The content shall not be altered, copied or otherwise used by a third party by the purchaser and user without the written consent of the seller. Names and designations of products, goods, services, companies and corporations may be registered trademarks of their respective owners.
- If any provision of the General Terms and Conditions is or becomes invalid or ineffective or inapplicable, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness or inapplicability of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase agreement or the General Terms and Conditions require a written form.
- The purchase agreement, including the General Terms and Conditions, is stored and archived by the seller in electronic form and is not accessible to third parties. The seller shall provide the purchase agreement, including the General Terms and Conditions, to the purchaser on request in text form (in electronic form by sending by e-mail).
- The purchaser assumes the risk of a change in circumstances (pursuant to Sec. 1765 paragraph 2 of the Civil Code).
- The wording of the General Terms and Conditions may be amended. The rights and obligations of the parties are governed by the wording of the general terms and conditions under which they arose.
- Before using the purchased goods, the purchaser is advised to read the safety conditions for handling the products that are part of the product packaging, and to observe these conditions when using the product. The seller is not liable for damage to health or material damage that may be caused by the purchaser for non-compliance with the instructions above.
- These General Terms and Conditions come into force and effect on 19.8.2021.