Business Terms and Conditions
Registered Address: Tyršova 1832/7, Nové Město, 120 00 Prague 2
Identification Number: 03957918
Registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 240498
For selling goods on-line at www.spojka-karlín.cz
1. INTRODUCTORY PROVISIONS
- Pursuant to the Provisions of Section 1751(1) of Act No. 89/2012Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) of Etnosvět s.r.o., Registered Address: Tyršova 1832/7, Nové Město, 120 00 Prague 2, Identification Number: 03957918, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Entry 240498 (hereinafter referred to as the “Seller“) amend the mutual rights and responsibilities of the Contractual Parties arsing in relation to or based on a Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) entered into between the Seller and another natural person (hereinafter referred to as the “Buyer”) by means of the Seller’s e-shop. The Seller runs the e-shop at: www.spojka-karlin.cz (hereinafter referred to as the “Website”) by means of a website interface (hereinafter referred to as the “E-shop’s Website Interface”).
- These Business Terms and Conditions do not apply if the person intending to buy from the Seller is a legal person, a person, who is buying the goods for his / her entrepreneurial activities or for his / her independent trade.
- If it is possible to negotiate provisions differing from the Business Terms and Conditions in the Purchase Agreement, the different provisions in the Purchase Agreement have precedence over the provisions of these Business Terms and Conditions.
- The provisions of these Business Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
- The Seller may change or add to the Business Terms and Conditions. The rights and responsibilities arising from the period when the previous Business Terms and Conditions were effective are not affected by this provision.
2. THE USER‘S ACCOUNT
- The Buyer can access his / her user interface based on registering onto the website. The Buyer can order goods from his / her user’s interface (hereinafter referred to as the “User’s Account”). If the web interface allows it, the Buyer can order goods directly from the website without registering.
- The Buyer undertakes to provide correct and truthful information when registering and ordering goods. The Buyer undertakes to update any changes in the User’s Account. The Seller considers the information provided by the Buyer on the User’s Account as correct.
- If it is possible to open a User’s Account, access to the account is secured with a user name and password. The Buyer undertakes to maintain confidentiality about the information necessary to access the User’s Account.
- The Buyer is not authorized to allow third parties access the User’s Account.
- The Buyer acknowledges that the User’s Account does not have to be accessible 24 hours a day, especially with regard to the Seller’s necessary hardware and software maintenance or the possible hardware and software maintenance of third parties.
3. CONCLUDING THE PURCHASE AGREEMENT
- All goods presented on the website are of an informative character. The Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.
- The e-shop contains information about goods, including prices of the individual goods. The prices of the goods include VAT and all other related fees. The prices are valid for the time the goods are seen on the e-shop. This provision does not restrict the Seller’s possibility to conclude a Purchase Agreement under individually agreed upon conditions.
- The e-shop also contains information about packaging and shipping costs. The information on the website regarding costs related to packaging and shipping only apply to goods that are shipped in the Czech Republic.
- The Buyer undertakes to fill in an Order Form to order the goods from the e-shop. The Order Form includes the following information in particular:
- The ordered goods (the Buyer “puts” the ordered goods into the e-shop’s e-basket),
- Methods of paying the Purchase Price, information about the requested shipping, and
- Information about shipping costs (jointly referred to as the “Order Form”).
- Before sending the Order Form to the Seller, the Buyer can check and change the information on it, including the possibility to identify and correct mistakes in the Order Form. The Buyer shall send the Order Form to the Seller by clicking “Order”. The Seller deems the information on the Order Form to be correct. The Seller undertakes to immediately confirm the receipt of the Order Form by e-mail onto the Buyer’s e-mail address, as specified in the Buyer’s User’s Account or Order Form (hereinafter referred to as the “Buyer’s e-mail address“).
- With regard to the character of the Order Form (quantity of goods, the Purchase Price, expected shipping costs), the Seller always has the right to ask the Buyer to re-confirm the Order Form (for example, in writing or by phone).
- The Contractual relationship between the Seller and the Buyer occurs once the Order Form is received (accepted), once the Seller confirms the Order Form onto the Buyer’s e-mail address.
- The Buyer agrees with concluding the Purchase Agreement by remote communication means. The Buyer incurs the costs related to using remote communication means related to concluding the Purchase Agreement (costs for the Internet connection, costs for telephone calls). These costs do not differ from the basic rate.
4. THE PRICE OF GOODS AND THE PAYMENT TERMS AND CONDITIONS
- Pursuant to the Purchase Agreement, the Buyer can pay the Seller the Purchase Price and any other related delivery costs, as follows:
- By cash at the Seller’s place of business: Pernerova 35, 180 00 Prague 8
- By bank transfer onto the Seller’s account: 282439125/0300, at Československá obchodní banka, a.s., (hereinafter referred to as the “Seller’s Account“);
- By bank transfer by means of a payment system;
- By bank transfer by means of a payment card;
- The Buyer undertakes to pay the contractual packaging and shipping costs together with the Purchase Price. Unless stated explicitly otherwise, the Purchase Price also means costs related to shipping the goods.
- The Seller does not require the Buyer to pay a deposit or any other similar payment.
- If the payment is made in cash or cash on delivery, the Purchase Price is payable upon receiving the goods. In case of a non-cash payment, the Purchase Price is payable within 5 days of concluding the Purchase Agreement.
- In the case of a non-cash payment, the Buyer undertakes to pay the Purchase Price together with the payment’s specified variable symbol. In the case of a non-cash payment, the Buyer’s obligation to pay the Purchase Price is met once the relevant amount is credited onto the Seller’s Account.
- If the Buyer does not sufficiently confirm the Order Form, the Seller has the right to ask for full payment of the Purchase Price before the goods are shipped to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
- The Buyer cannot combine discounts offered by the Seller on the Purchase Price.
- If it is customary in business or if it is specified by generally binding legal regulations, the Seller shall issue the Buyer a tax document (invoice) for the payments made based on a Purchase Agreement. The Seller does not pay VAT. The Seller shall issue the Buyer a tax document (invoice) once the Purchase Price for the goods is paid. The Seller shall send the tax document (invoice) onto the Buyer’s e-mail address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
- Pursuant to the provisions of Section 1837 of the Civil Code, the Buyer acknowledges that it is also not possible to withdraw from the Purchase Agreement if the goods are customized to the Buyer’s wishes. The Buyer also cannot withdraw from the Purchase Agreement if the goods are perishable, if the goods were mixed up with other goods after delivery, if the goods were vacuum packed and the Buyer took them out and cannot return them due to hygienic purposes. Finally, the Buyer cannot withdraw from this Purchase Agreement if the goods are audio / video records or a computer program if the original packaging is damaged.
- Apart from cases specified in Article 2.1 or other cases, when it is not possible to withdraw from the Purchase Agreement, pursuant to the provisions of Section 1829(1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of taking over the goods. If the Subject Matter of the Purchase Agreement is several types of goods or the delivery of several parts, this period commences of the day the last delivery is made. The Seller must receive the withdrawal from the Purchase Agreement in the period specified in the previous sentence. The Buyer may use the template form provided by the Seller (refer to the Annex of the Business Terms and Conditions) for withdrawing from the Purchase Agreement. The Buyer can also send the withdrawal from the Purchase Agreement to the Seller’s place of business or to the Seller’s e-mail address at: firstname.lastname@example.org.
- In the event of withdrawal from the Purchase Agreement pursuant to Article 2.2 of these Business Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the Seller withdrawing from the Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs related to returning the goods to the Seller, even if the goods cannot be returned by regular post given the character of the goods.
- In the event of withdrawal from the Purchase Agreement pursuant to Article 2.2 of these Business Terms and Conditions, the Seller shall refund the money received from the Buyer within fourteen (14) days of the Buyer withdrawing from the Purchase Agreement. The Seller shall return the money in the same way he accepted it from the Buyer. The Seller is also authorized to return fulfilment provided to the Buyer at the time the Buyer returns the goods, or in a different manner, if the Buyer agrees and does not hereby incur any other costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the money he received from the Buyer before the Buyer returns the goods or proves that the goods have been sent back to the Seller.
- The Seller is entitled to unilaterally set off the entitlement for compensation of damages against the Buyer’s entitlement for a refund of the Purchase Price.
- The Seller is entitled to withdraw from the Purchase Agreement at any time before the Buyer takes over the goods. In such a case, the Seller undertakes to immediately refund the Buyer the Purchase Price in cash or onto an account specified by the Buyer.
- If the Buyer receives a gift with the purchase, the Gift Agreement between the Seller and the Buyer is concluded with the following stipulation: if the Buyer withdraws from the Purchase Agreement, the Gift Agreement regarding the effect of such a gift ceases and the Buyer undertakes to return the goods and the gift back to the Seller.
6. TRANSPORTATION AND DELIVERY OF GOODS
- If the method of transport is contractual based on the Buyer’s special requirements, the Buyer bears the risk and any possible additional costs related to this method of transportation.
- Pursuant to the Purchase Agreement, the Seller undertakes to deliver the goods to the Buyer’s designated location, as specified in the Order Form. The Buyer undertakes to take over the goods upon delivery.
- If it is necessary to deliver the goods again or in a means different than stated on the Order Form and the reasons are on the side of the Buyer, the Buyer undertakes to pay the costs related to the repeated delivery of the goods or the costs related to delivering the goods in another way.
- The Buyer undertakes to check that the package is not damaged when taking it over from the carrier. In case of any damage, the Buyer undertakes to immediately inform the carrier of the damage. If the package shows verifiable signs of unauthorized entry into the consignment, the Buyer does not have to take the consignment over from the carrier.
- The Seller’s Special Delivery Terms and Conditions (if issued), amend the other rights and responsibilities of the Contracting Parties regarding the delivery of goods.
7. RIGHTS FROM DEFECTIVE FULFILMENT
- The rights and responsibilities of the Contracting Parties regarding the rights from defective fulfilment are governed by the relevant generally binding legal regulations (especially the provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code).
- The Seller is liable to ensure that the goods are not damaged upon receipt. The Seller is particularly liable for the following upon the Buyer’s receipt:
- The goods have the features that have been agreed upon by the parties. In case of no agreement, the goods have such features that the Seller or the manufacturer described or the Buyer expected with regard to the character of the goods and based on the advertisement,
- The goods are suitable for the purposes that the Seller states or purposes, which the goods are commonly used,
- The goods correspond to the quality or design of the contracted sample or template if the quality or design was specified pursuant to a contractual sample or template,
- The quantity, dimensions or weight of the goods are correct, and
- The goods correspond with the required legal regulations.
- The provisions specified in Article 1.40 of the Business Terms and Conditions do not apply to goods sold at a discounted price because of defect, to wear and tear caused by normal use, a defect corresponding to the amount of wear and tear present upon receipt of used goods or from the nature of the goods.
- If a defect is identified within the first six months of receipt, the goods are deemed defective at the time of receipt.
- The Buyer shall claim the rights of defective fulfilment at the Seller’s place of business, where the claim is accepted with regard to the assortment of the goods sold. The claim is deemed a claim once the Seller receives the claimed goods from the Buyer.
- The Contracting Parties’ other rights and responsibilities related to the Seller’s liability for defects are amended by the Seller’s Claims Code.
8. OTHER RIGHTS AND RESPONSIBILITIES OF THE CONTRACTING PARTIES
- The Buyer acquires ownership to the goods by paying the Purchase Price for the Goods.
- The Seller is not bound by any code of conduct pursuant to the provisions of Section 1826(1)(e) of the Civil Code in relation to the Buyer.
- The Seller deals with out-of-court consumer complaint settlements by means of email@example.com. The Seller undertakes to e-mail any information about the Buyer’s complaint settlement onto the Buyer’s email address.
- The Seller is authorized to sell goods under a trade license. The relevant and competent Trade Office audits the trade. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection also ensures compliance with Act 634/1992Coll., about the protection of the consumer, amended.
- The Buyer hereby accepts the risks of changing circumstances pursuant to Section 1765(2) of the Civil Code.
- The Buyer may receive an e-mail onto the account stated in his / her User’s Account or the address stated in the Buyer’s Order Form.
10. FINAL PROVISIONS
- If the relationship based on this Purchase Agreement includes an international element, the Contracting Parties have agreed that the relationship is governed by the Czech Legal System. This does not affect the consumer’s rights arising from generally binding legal regulations.
- If any provisions of these Business Terms and Conditions are or shall become invalid or enforceable, these provisions are replaced by provisions that most closely reflect the invalid or unenforceable provision. The invalidity or unenforceability of a provision does not affect the validity of the other provisions. Changes and amendments to the Purchase Agreement or Business Terms and Conditions must be done in written form.
- The Seller archives the Purchase Agreement, including the Business Terms and Conditions in electronic form and they are not accessible.
- The Withdrawal from the Purchase Agreement Form template is in the Annex to these Business Terms and Conditions.
- The Seller’s contact information: Address: Pernerova 35, 180 00 Prague 8, e-mail: firstname.lastname@example.org, telephone +420 226 203 888.
In Prague on 1 June 2019