Terms and Conditions
These Business Terms and Conditions (hereinafter referred to as the "OP") govern the rights and obligations between:
with registered office: Nad Zlíchovem 197/16, Praha 5, 152 00
Company ID: 03119882
Tax ID: CZ03119882
The company is registered in the Commercial Register at the Municipal Court in Prague, sp. C 227669
bank account number for payments in Czech crowns : 2000666872/2010
SWIFT / BIC: FIOBCZPPXXX
bank account number for payments in euro : 2700666873/2010
IBAN :: CZ5620100000002700666873
SWIFT / BIC: FIOBCZPPXXX
("Seller") on the one hand and buyers on the other, for the sale of goods through an online store located at the Internet address.
Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
1. INTRODUCTORY PROVISIONS
1.1. These OPs of the Seller, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code"), govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract "Purchase Agreement") concluded between the seller and another person (the "Buyer") through the seller's internet shop. The e–shop is operated by the seller on a web site located at www.kitchenetteshop.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
1.2. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.3. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.4. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his / her user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than a year or if the buyer violates his obligations under the sales contract (including business terms).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
3. CLOSING OF THE BUILDING AGREEMENT
3.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Goods prices are quoted including value added tax and all related fees, excluding costs associated with the packing and delivery of goods. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packing and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
3.4.3. information on the costs associated with the supply of goods (collectively referred to as "the order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, also in view of the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e–mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e–mail to the buyer's e–mail address.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the buyer the following goods in the following ways: the goods and any costs associated with the delivery of the goods under the purchase contract:
– cash in cash at the place specified by the buyer in the order
– by wire transfer to Seller's account: 2000666872/2010 Fio Bank
4.2. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non–cash payment, the purchase price is payable within 7 days of the purchase contract being concluded.
4.5. In the case of non–cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non–cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order (Article 3.6), request the payment of the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If the customer has a valid discount code or code from a gift voucher, it inserts this code into the appropriate field on the online order submission form. Individual discounts can not be combined. If the customer has a loyalty discount percentage for the purchase, the discount is automatically deducted from the customer for each purchase made under his / her registration. The seller reserves the right to modify or cancel discount coupons or loyalty discounts without giving any reason.
4.9. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document – invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document – The invoice is issued by the seller to the purchaser after the goods have been paid and sent to the buyer's electronic address together with the goods or in electronic form.
4.10. After sending the order, the Buyer has the option to use the ePlatba service, which redirects it to its bank's internet banking. Buyers via Internet Banking will send a Payment. The seller shall dispatch the goods immediately upon receipt of the payment receipt. Money transfers are made via the ComGate Payments, as account. Sensitive inputs that you enter into the Internet banking system are protected by banks' payment gateways and do not reach third party environments. Payment processors only see the transaction information the bank sends to the transaction. By concluding a purchase contract, the purchaser, who is a natural person, agrees with the seller to process his contact details until the time of his written opposition to such processing. The contact details that the buyer provides when ordering are used exclusively for our needs and will not be provided to other entities except for the payment processors.
5. WITHDRAWAL OF THE BUYER – CONSUMER FROM THE BUYER'S CONTRACT
5.1. The provisions of this Article 5 shall be used only in the case of a purchase contract concluded between the seller and the buyer who is a consumer within the meaning of Section 419 of the Civil Code.
5.2. Buyer – the consumer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, inter alia, from the purchase contract for the supply of goods, which was adjusted according to the buyer's – consumer's or the person's (author's signature) the delivery of perishable goods as well as the goods that have been irreversibly mixed with other goods after the delivery of the goods in a sealed package which the purchaser – the consumer has removed from the packaging and for hygienic reasons it can not be returned and from the purchase contract to deliver an audio or video recording or a computer program if it violated their original packaging.
5.3. If the case is not mentioned in Article 5.1 or in another case when the contract can not be withdrawn from the purchase contract, the buyer – the consumer has to withdraw the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (14 ) from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, this period runs from the date of the last delivery of the goods. If the buyer – consumer wishes to withdraw from the contract in accordance with the previous paragraph within 14 days, he / she will contact the seller and state in writing that he / she will withdraw from the contract, indicating the order number, purchase dates and account number for repayment of the purchase price. Withdrawal from the purchase contract may be sent by the buyer – the consumer to the address of the seller's address (KITCHENETTE sro, Nad Zlíchovem 16, Prague 5, 152 00) or to the e–mail address of the seller: email@example.com. For the notice of withdrawal, the buyer – consumer may use the model notice (for download in .doc format here [OV1] ).
5.4. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller within 14 (14) days of withdrawal from the contract, at the delivery address of the logistics center:
Mail Step as
(for Kitchenette shop)
To Certous 2760/10
Prague 9, 193 00
Contact. person: Štepán Majcharčík , firstname.lastname@example.org, (personal return of goods only in Prague 9)
Tel.link for returns or complaints: +420777172100 (Andrea Bayer)
5.5. Buyer – The consumer has the right to return the funds for transport only at the lowest bid. If the purchaser – the consumer withdraws from the purchase contract – the buyer – the consumer bears the cost of returning the goods to the seller, even if the goods can not be returned by their normal postal route.
5.6. Buyer – the consumer, in the event of the right to withdraw from the contract, within 14 days of receipt of the transaction, has the seller to issue everything he has obtained on the basis of the purchase contract. If this is no longer possible (for example, in the meantime, the goods have been destroyed or consumed), the purchaser–consumer must provide a cash refund in return for what can not be issued. Buyer – The consumer acknowledges that if the goods returned by the buyer – the consumer will be damaged, worn or partially consumed, the seller is entitled to the consumer – the consumer is entitled to compensation for the damages incurred by him. The Seller is entitled to indemnify unilaterally the claim against the buyer – the consumer for the return of the purchase price. At the purchase price to be repaid to the buyer, the seller may also deduct his actual costs of returning the goods.
5.7. In the event of withdrawal under Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the purchaser – consumer within 14 (14) days of withdrawal from the purchase contract by the buyer – the consumer. The seller is also entitled to refund the performance provided by the buyer – the consumer already upon returning the goods to the buyer – the consumer or otherwise, unless the purchaser agrees to do so and does not give the buyer any additional costs to the consumer. If the purchaser – consumer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer – the consumer before the buyer – the consumer returns the goods or shows that the goods have been dispatched to the entrepreneur.
5.8. The seller is entitled to indemnify one party against the buyer's – consumer's claim for a refund of the purchase price.
5.9. Upon receipt of the goods by the purchaser – the consumer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the purchaser – the buyer without undue delay, by wire transfer to the buyer's account – by the consumer.
5.10. If the goods are provided to the buyer – the consumer is a gift, the gift agreement between the seller and the buyer – the consumer is concluded with the condition that the buyer withdraws from the purchase contract – the consumer loses the gift contract for such a gift of efficiency and the buyer – he is obliged to return the presented gift together with the goods to the seller.
6. TRANSPORT AND SUPPLY OF GOODS
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4. Ordered goods will be delivered as soon as possible by post or by another carrier, in accordance with the supplier's availability and service capabilities, usually within 2–5 business days of binding order confirmation, but no later than 14 business days. The customer is informed by e–mail that the vendor has sent the shipment to the selected carrier.
6.5. In the event that the ordered goods are not in stock for a long time or can not be delivered to the carrier within the agreed time limit, the seller has the right to withdraw from the purchase contract (binding orders). If part or all of the order has been paid, the customer will be returned to the account, within 14 days of mutual agreement.
6.6. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
6.7. Buyer is required to check the contents of the consignment and any irregularity (damaged goods, missing items, or misdirected items) without delay, ideally to notify the seller that day. Any shipping complaints must be entered within 2 business days of delivery to the customer.
6.8. Goods will be dispatched to and paid to the buyer's address at the buyer's choice from the seller's offer.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations.
7.2. Rights to defective performance are claimed by the buyer at the seller at his logistics center:
Mail Step as (for Kitchenette shop), Do Čertous 2760/10, Prague 9, 193 00
Contact: Andrea Bayerová, email@example.com, Tel.link for complaints: +420777172100
The moment of claiming the rights is the moment when the seller received defective goods from the buyer. In the event of defects, the customer always first contacts Kitchenetteshop at firstname.lastname@example.org or by phone! The goods are sent back to the logistics center only upon agreement and always takes a product documentation of the product. Attention, when transporting the consignment by the Czech Post, the customer handles a possible complaint, for example, the damaged goods by transporting it with the ČP itself. These are the rules of the ČP and must be made no later than two business days after delivery.
7.3. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
7.4. Gifts that are provided entirely free of charge can not be subject to any buyer–consumer rights. Such goods meet the terms of the gift agreement and all standards according to the valid Czech legislation.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
8.3. In the event of a consumer dispute between the seller and the buyer – the consumer of a consumer dispute arising from a contract of sale which can not be settled by mutual agreement, the consumer may submit a proposal for an out–of–court settlement of such a dispute to a designated extrajudicial consumer dispute settlement
the Czech trade inspection
Central Inspectorate – ADR Unit
Štěpánská 15120 00 Prague 2
8.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The provisions of this Article 9 apply only to buyers who are natural persons.
9.2. The protection of the buyer's personal data is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended. The operator is registered with the Office for Personal Data Protection under the registration number: 00054219.
9.3. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e–mail address, telephone number (collectively referred to as "personal data").
9.4. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
9.5. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully, and is obliged to inform the seller without undue delay of a change in his / her personal data.
9.6. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
9.7. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non–automated manner.
9.8. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.9. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data which is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for the purpose of their processing, may:
9.9.1. ask the seller or processor for an explanation,
9.9.2. require the seller or processor to remove the resulting condition.
9.10. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.
10. SENDING BUSINESS DATA AND STORAGE COOKIES
10.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
10.2. Buyer agrees to store so–called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so–called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
11.1. The buyer may be delivered to the email address listed in his user account or specified buyer in the order.
12. FINAL PROVISIONS
12.1. If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
12.3. Please note that web site information is partially taken over from third parties, may contain material and technical inaccuracies or typographical errors and may be updated without prior notice. Vendor may at any time without prior notice change the products and services described on its site and do not guarantee the accuracy of their content.
12.4. The cost of using telecommunica– tions remotely (telephone, internet, etc.) for the execution of the order is in the normal amount depending on the tariff of the telecommunications services used by the buyer. These costs are covered by the buyer himself.
12.5. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.6. Contact details of the seller: Delivery address Kitchenette sro, Nad Zlíchovem 16, Prague 5, 152 00 Czech Republic email address email@example.com, phone +420777172100.