Terms and Conditions
TERMS AND CONDITIONS
of trading company
Ing. Karel Pištěk, CSc.- Sovte
established in Kodanska 521/57, 101 00 Prague 10
identification number: 12500984, VAT: CZ530518179
registered in the Trade Register: District Prague 10, Reg. n.: 310010-515582002, 310011-000015035, 310011-000042747 ID RZP: 5559
registered in the Commercial Register: Municipal Court in Prague, Section A, File No. 77585
office: Hodkovicka 65/8, Prague 4, tel.: +420 244 472 725, e-mail: email@example.com
for the sale of goods through on-line store located in the website
- INTRODUCTORY ESTABLISHMENTS
1.1. These terms and conditions of the trading company Ing. Karel Pistek – SOVTE, established in Kodanska 521/57, 101 00 Prague 10, identification number: 12500984, tax (identification) number: CZ530518179, registered in the Trade Register: District Prague 10, Reg. n.: 310010-515582002, 310011-000015035, 310011-000042747 ID RZP: 5559 (hereinafter „seller“) adjusted in accordance with § 1751 paragraph 1 of Law no. 89/2012 Coll., the Civil Code (hereinafter „Civil Code“) mutual rights and obligations of the parties arising in connection with or under a purchase contract (hereinafter „purchase contract“) concluded between the seller and any other natural person (hereinafter „purchaser“) through seller´s online store. The online store is operated by the seller on the website located on www.eshop-sovte.cz (hereinafter „website“) and via interface of the website (hereinafter „web-based store“).
1.2. Terms and conditions do not apply in cases where a person who intends to buy goods from the seller is a legal entity or a person who is ordering goods in the course of its business or its independent practice of the profession.
1.3. Provisions diverging from terms and conditions can be agreed upon in the sales contract. Divergent arrangements in the purchase contract prevail over the terms and conditions.
1.4. Provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are written in English. The purchase contract can be concluded in the English language.
1.5. The seller can change or replenish the terms and conditions. This provision does not affect the rights and obligations arising after the effective period of the previous version of terms and conditions.
2. USER ACCOUNT
2.1. Upon the registration of the purchaser on the website the purchaser can access to his user interface. From the user´s interface the purchaser can order products, check order status, look at the history of orders and print documents and manage contacts. Web interface lets purchaser also order goods without registration from the web interface of the company. Non-registered user does not have any user account (hereinafter “user account”)
2.2. When registering on the website and ordering goods the purchaser is obligated to provide correct and true information. If some information or data referred in the user account changes the purchaser is obligated to update them in the user account. The information and data written in the user account and while ordering goods are considered to be correct.
2.3. Access to the user account is secured by the user name and the password. The purchaser is obligated to maintain the secrecy regarding information necessary to access to the user account.
2.4. The purchaser is not allowed to let the user account to be used by third persons.
2.5. The seller is allowed to cancel the user account, especially when the purchaser does not use the user account for two years or when the purchaser does not follow the rules arising from the purchase contract (including terms and conditions).
2.6. The purchaser takes note that the user account may not be accessible all the time, especially regarding to the necessary maintenance of the hardware and the software equipment of the seller, respectively maintenance of the hardware and the software of third persons.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All the presentations of goods placed in the web interface of the shop have informative character and the seller is not obligated to conclude the purchase contract regarding these goods. The provision of § 1732, paragraph 2 of the Civil Code will not be applied.
3.2. Web interface of the shop provides information about the products including the prices of individual goods. The commodity price is inclusive of VAT and all related charges. The prices of goods remain in force as long as they are displayed in the web interface of the shop. This provision does not limit the seller to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface contains also information about the costs of packaging and delivery of the products/goods. This information about the costs associated with packaging and delivery of the goods listed in the web interface is held only in cases where the goods are delivered within the territory of the EU.
3.4. Information about the costs associated with packaging and delivery is displayed when the method of payment and the type of transport is selected. The price of the transport is negotiated individually for orders over 30 kg. For orders over 1 000 EUR excluding VAT the transport is free. The prices listed in the web interface of the shop are held only in cases where the goods are delivered within the territory of the Czech Republic and Slovak Republic.
3.5. For ordering goods the purchaser „add“ goods to the electronic shopping cart in the web interface, choose the type of payment, type of receipt (delivery), fill in the billing and shipping information in the order form in the web interface. The order form contains particular information about:
3.5.2. type, quantity and price of the ordered goods,
3.5.3. method of payment of the purchase price of goods, details about desired method of delivery of ordered goods,
3.5.4. information about all costs associated with delivery of goods (hereinafter collectively referred as the “order”)
3.6. Before sending the order to the seller the purchaser is allowed to check and modify data which were added to the order by the purchaser even regarding to the possibility of the purchaser to detect and correct errors during data entry in the order (eg. in the shopping cart with the button “edit”). Before sending the order to the seller the purchaser is obligated to read the terms and conditions and agree with their acceptance. The purchaser sends the order to the seller by clicking to the button “send”. The seller deems the information specified in the order as correct information. The confirmation email with the recapitulation of the order is automatically sent by system to the electronic address of the purchaser which is introduced in the order. After receiving order the seller confirms it immediately (during working hours) to the purchaser to the electronic address listed in the order or in the user interface. In this message the seller indicates the date of sending the order. In case of earnest payment the earnest invoice with payment details will be sent to the purchaser (hereinafter “electronic address of the purchaser”). The seller is always entitled to ask the purchaser for additional confirmation of the order (eg. by writing form or by telephone) depending on the character of the order (quantity of goods, purchase price, estimated shipping costs).
3.7. The contractual relationship between the seller and the purchaser brings forth by delivery of order to the seller (acceptance) which is sent from the electronic address of the seller to the electronic address of the purchaser.
3.8. The purchaser agrees with using distance communication tools while concluding the purchase contract. The purchaser covers his costs incurred by using distance communication tools according to the conclusion of the purchase contract (costs to the internet connection, telephone costs). The costs do not differ from the standard rate.
4. PRICE AND PAYMENT TERMS
4.1. The price of goods and potential costs associated with the delivery of goods can be paid by purchaser to the seller according to the purchase contract by the following ways:
4.1.1. by cash at the address of the seller: Hodkovicka 65/8, 142 00 Prague 4 – Kamyk, opening hours Mon – Fri: 9 – 16 h.
4.1.2. by bank transfer (cashless) to the account of the seller cited on the pro forma invoice (hereinafter “the seller´s account”).
4.2. The purchaser is obligated to pay the purchase price and also the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of goods.
4.3. The seller does not require the purchaser to pay a deposit or other similar payment. This does not prejudice the provision article 4.6 of Terms and conditions concerning the obligation to pay the purchase price in advance.
4.4. In case of cashless payment the purchaser is obligated to cover the purchase price of goods together with the variable symbol of the payment. In case of cashless payment the commitment of the purchaser to cover the purchase price is fulfilled at the moment of adding the same amount of money to the seller´s account.
4.5. The seller is entitled to require payment of the full purchase price before sending goods to the purchaser especially in case that the purchaser does not do an additional confirmation of the order (article 3.5). The provision of § 2119, paragraph 1 of the Civil Code is not applied.
4.6. It is not possible to combine any potential discounts for the goods provided to the purchaser by the seller.
4.7. In case it is common in the trade or it is generally set by generally binding legal regulations, the seller issues the tax document – invoice regarding to payments made under the purchase contract. The seller is a payer of VAT. A tax document – invoice is issued by the seller to the purchaser after the payment of the purchase price of goods and is sent electronically to the electronic address of the purchaser.
5. Resignation from the purchase contract
5.1. The purchaser acknowledges that according to the provision § 1837 of the Civil Code besides other things it is not possible to resign:
5.1.1. from the purchase contract for delivery of goods which has been adjusted according to the wishes of the purchaser or for his own personality,
5.1.2. from the purchase contract for the delivery of goods in the sealed packet when the purchaser unpacks the goods from the package and breaks the original package so it is not possible to deliver goods as a new package anymore,
5.1.3. from the purchase contract for the delivery of a sound or picture recording or a PC program when the purchaser breaks the original package.
5.2. If this is not the case referred in the article 5.1 or any other case where there is not possible to resign from the purchase contract, the purchaser is entitled to resign from the purchase contract in accordance with the provision § 1829 paragraph 1 of the Civil Code. The purchaser is obligated to resign within fourteen (14) days since the receipt of goods. In case the object of the purchase contract contains several types of goods or the delivery contains several parts, this period starts to run from the date of the receipt of the last delivery. The resignation from the purchase contract has to be sent to the seller within the period mentioned in the previous sentence. For the resignation from the purchase contract the purchaser is able to fill in the model form provided by the seller. This form is enclosed in the Terms and conditions. The purchaser is able to send the resignation from the purchase contract to the address of the seller or to the electronic address of the seller firstname.lastname@example.org.
5.3. In case of resignation from the purchase contract according to the article 5.2 of the Terms and conditions the seller returns the funds received from the purchaser within fourteen (14) days from the resignation from the purchase contract. The seller returns the funds in the same way as received from the purchaser. The seller is also entitled to return performance provided by the purchaser at the time of returning goods or any other way if the purchaser agrees and if there are not any additional costs for the purchaser. If the purchaser resigns from the purchase contract the seller is not obligated to return the funds before the purchaser returns the goods or proves that the goods were sent to the seller. If the seller offers several options of delivery, the seller is obligated to compensate the cheapest one.
5.4. In case of resignation from the purchase contract according to the article 5.2 of the Terms and conditions the seller returns the funds received from the purchaser within fourteen (14) days from the resignation from the purchase contract. The seller returns the funds in the same way as received from the purchaser. The seller is also entitled to return performance provided by the purchaser at the time of returning goods or any other way if the purchaser agrees and if there are not any additional costs for the purchaser. If the purchaser resigns from the purchase contract the seller is not obligated to return the funds before the purchaser returns the goods or proves that the goods were sent to the seller. If the seller offers several options of delivery, the seller is obligated to compensate the cheapest one.
5.5. The seller is entitled to set off the right for damages caused to the goods against the right of the purchaser to refund the purchase price.
5.6. Until the time of the receipt of the goods the seller is entitled to resign from the purchase contract. In this case the seller returns the purchase price to the purchaser in the cashless way to the bank account of the purchaser without any useless delay.
5.7. If the present is provided together with the goods the contract of the gift is concluded between the buyer and the seller with a subsequent condition. The subsequent condition tells that if there is a withdrawal from the contract from the purchaser, the purchaser is not obligated to keep the goods neither the present. The purchaser is obligated to give this present back to the seller with the goods involved.
Sample of Withdrawal Form
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In case the mode of transport is based on a special request of the purchaser, the purchaser bears the risk and any additional costs associated with the mode of transport.
6.2. If the seller under the purchase contract is obligated to deliver goods to the place specified by the purchaser in the order, the purchaser is obligated to accept the delivery of goods.
6.3. In case that reasons for which the goods require to be delivered repeatedly or in other way than stated in the order, the purchaser is obligated to pay all costs associated with repeated delivery of the goods, respectively the costs associated with other delivery method.
6.4. When accepting the goods from the carrier, the purchaser is obligated to check the integrity of the packaging of goods and in case of any defects immediately notify the carrier. In case of a breach packaging that testifies about unauthorized entry into a package the purchaser is not obligated to accept the order from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods can be modified by a specific delivery conditions, if the seller issues.
7. RIGHTS OF DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties regarding the rights of defective performance are governed by the relevant legislation (including the provisions of § 1914 - 1925, § 2099 - 2117 and § 2161 – 2174 of the Civil Code).
7.2. The seller is responsible for the goods without defects while accepting by the purchaser. Especially the seller is liable to the purchaser at the time when the purchaser accepted the goods:
7.2.1. the goods has qualities that the parties have agreed; when the agreement is missing, the goods have characteristics that have been described by the seller or as the purchaser expected according to the natural characteristics of the goods based on advertising they carry,
7.2.2. the goods fit to the purpose which the seller introduces or how is this kind of goods usually used,
7.2.3. if the quality or design of the goods were determined in accordance with the agreed sample or template, the quality or design of the goods correspond to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3. The provisions referred in the article 7.2 of the Terms and conditions are not applied to the goods which are sold at a lower price according to its agreed defect and the wear and tear of the goods caused by its common use. These provisions are also not applied to already used goods corresponding with the level of using and wear and tear which the goods have in the moment of accepting or if it appears from the natural characteristics of goods.
7.4. In case the damage of the goods appears six months after accepting, it is assumed that the goods were already damaged in the moment of acceptance.
7.5. The purchaser enforces the rights of defective performance at the address of the seller´s office Hodkovicka 65/8, Prague 4. The moment of a claim is considered to be when the seller received the claimed goods back from the buyer.
7.6. Other rights and obligations of the parties related to the responsibility for defects of the seller can be modified in the claim conditions of the seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The purchaser acquires ownership of the goods by paying the entire purchase price.
8.2. The seller is not bound to the purchaser by behavior codes under the provisions referred in § 1826 article 1 point. e) of the Civil Code.
8.3. Extrajudicial errands of claims of consumers is provided by the seller via electronic address email@example.com. The seller sends the information about handling of complaints to the electronic address of the buyer.
8.4. The seller is entitled to sell goods at a trade license. Trade license control is carried out under its authority the Trade Office. The supervision of privacy is carried out under the Office for Personal Data Protection. The Czech Trade Inspection performs a supervision over the respect of the law number 634/1992 Coll., on consumer protection, as subsequently amended, within the defined scope.
8.5. Hereby the purchaser takes the danger of changing circumstances on himself within the meaning of § 1765, paragraph 2 of the Civil Code.
9. Protection of personal data
9.1. The privacy of the purchaser who is a natural person is provided by the law number 101/2000 Coll., on protection of personal data, as amended.
9.2. The purchaser agrees with the processing of his personal data: name and surname, home address, identification number, tax identification number, electronic address, phone number and address of the delivery if different from the home address (hereinafter collectively referred to as “personal data”).
9.3. The purchaser agrees with the processing of personal data by the seller for the purpose of realization of rights and obligations under the purchase contract and for the purpose of keeping user account. If the purchaser does not choose another option, he agrees with processing of personal data as well as with the purpose of receiving information and commercial notifications by the seller. The consent of processing of personal data in their entirety under this article is not a condition which would make the concluding of a purchase contract impossible.
9.4. The purchaser acknowledges that he is obligated to provide his personal data (while registration, in his user account, while ordering goods from the web interface) correctly and truthfully and he is obligated to inform the seller about any change of his personal data without any undue delay.
9.5. The seller can appoint the third party to process the personal data of the purchaser as an agent. Except for the persons transporting goods the personal data will not be given to the third parties without prior consent of the purchaser.
9.6. The personal data will be processed for an indefinite period. The personal data will be electronically processed in an automated method or in a non-automated method in a printed form.
9.7. The purchaser confirms that the personal data are accurate and that he was informed about the fact that to provide the personal data is voluntary.
9.8. In case the purchaser thinks that the seller or processor (article 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with the regard to the purpose of processing them, the purchaser can:
9.8.1. ask the seller or processer for explanation,
9.8.2. request for correcting situation by the seller or processor.
9.9. If the purchaser requests information about processing the personal data, the seller is obligated to transfer this information to the purchaser. The seller is entitled to require a reasonable compensation (not exceeding the costs of providing necessary information) for information provided according to the previous sentence.
10. SENDING COMMERCIAL MESSAGES AND COOKIES STORAGE
10.1. The purchaser agrees with sending information connected with the goods, services or the company of the seller to the electronic address of the purchaser and the purchaser agrees as well as with sending commercial messages by the seller to the electronic address of the purchaser.
10.2. The purchaser agrees with saving so called cookies to his computer. In case the order on the website is able to be made and the seller´s obligations from the purchase contract are able to be fulfilled without saving so called cookies to the purchaser´s computer, the purchaser is able to cancel this agreement according to the previous sentence.
11.1. The delivery can be done to the electronic address specified in the purchaser´s user account or in the order.
12. FINAL ESTABLISHMENTS
12.1. If the relationship based on the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The consumer rights resulting from generally binding legislation are not affected by this.
12.2. If any provision of the Terms and Conditions is invalid or ineffective or becomes invalid of ineffective, instead of the invalid provision the provision whose meaning is the closest to the invalid or ineffective one is assumed. The invalidity or ineffectiveness of one establishment does not affect other establishments. Changes and supplements of the purchase contract or terms and conditions require a written form.
12.3. The purchase contract including terms and conditions is archived by the seller in an electronic form and is not accessible.
12.4. A model form of resignation from the purchase contract is enclosed in the Terms and conditions.
12.5. Contact details of the seller Ing. Karel Pistek – Sovte: address for delivery Hodkovicka 65/8, Prague 4 – Kamyk, electronic address firstname.lastname@example.org, phone number +420 244 472 725.
Prague, 14.8. 2015