1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of the sole trader Pavla Čepelíková, Sedlecko 25, 338 24 Bušovice, Identification Number: 63932989, (hereinafter referred to as "the Seller") are amended in accordance with Section 1751 (1) of Act No. 89 / 2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person "Buyer") via the Seller's online store. The e-shop is operated by the Seller on a website located at www.sperkove-kameny.cz (hereinafter referred to as the "Website") via the Website interface (hereinafter referred to as the "Web Interface").
1.2. The Terms and Conditions do not apply in cases where a person intending to purchase goods from the Seller is a legal person or person acting in the course of ordering goods in the course of his business or in his own pursuit of his profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions.
1.4. Terms and conditions of business are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The Terms and Conditions may be amended or supplemented by the Seller. This provision does not affect the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the User Account in any change. The information given by the buyer in the user account and when ordering goods is the sellerconsidered correct.
2.3. User account access is secured by user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 3 years, or when the buyer violates his obligations under the purchase agreement (including terms and conditions).
2.6. Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the shop is of informative nature and the seller is not obliged to conclude a purchase contract regarding this goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods, including prices of individual goods. Prices of goods remain in effect as long as they are displayed in the store's web interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic, Slovakia and the rest of the EU.
3.4. To order the goods, the buyer fills in the order form in the web interface of the shop. In particular, the order form contains information about:
3.4.1. the ordered goods (the buyer inserts the ordered goods into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the cost of delivering the goods (hereinafter referred to as "Order").
3.4.4. If such a price is indicated, it is not binding and the purchase contract is not concluded.
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors resulting from dataorders. The buyer sends the order by clicking on the "buy" button. The data listed in the order they are deemed correct by the seller. Seller immediately upon receipt of the order confirms this receipt to the buyer by e-mail to the e-mail address of the buyer specified in the user account or in the order (hereinafter referred to as "electronic address of the buyer"). The order is not possible if the buyer does not agree with the Terms and Conditions and the Processing of Personal Data.
3.6. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs, stone drilling, stone processing) to ask the buyer for additional confirmation of the order (for example in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer arises upon delivery of the Order Acceptance (Acceptance) sent to the Buyer by e-mail to the Buyer's e-mail address.
3.8. The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer himself.
4. GOODS PRICE AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
Account number for cashless payments in the Czech Republic: mBank: 670100-2210465112 / 6210
Cashless payments from the Slovak Republic can be made via Pay Pal ID: email@example.com , or in Euro on the account of the Slovak FIO Bank: SWIFT (BIC): FIOBCZPPXXX, IBAN: CZ3420100000002000403220
Cashless payments from other European Union countries can be made via Pay Pal ID: firstname.lastname@example.org , or in Euro per account:
recipient's name: Pavla Čepelíková
bank name: Fio banka, as
SWIFT Bank Code (BIC): FIOBCZPPXXX
account number IBAN: CZ3420100000002000403220
4.2. Together with the purchase price isthe buyer is obliged to pay the seller also the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods. Postage and packing prices can be verified on the Postage, Packaging, Shipping page
4.3. The Seller does not require the Buyer to make a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The Seller is entitled, in particular if the Buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the Buyer. Section 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 cannot be combined.
4.8. 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 or receipt - to the Buyer regarding payments made under the Purchase Agreement. The seller is not a value added tax payer. The tax document - invoice or receipt - shall be issued by the Seller to the Buyer after payment of the price of the goods and shall be sent together with the goods in printed form to the Buyer.
4.9. We are not VAT payers.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw, among other things, the purchase contract for the delivery of goods, which have been modified according to the buyer's wishes or for his person. Most often, the stones are drilled and tapered to the customer's wishes.
5.2. If this is not the case referred to in Article 5.1 of the Business Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn, the Purchaser has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code until 14 (14) ) days from receipt of the goods, whereas if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract must be sent to the seller within the time limitin the previous sentence. Withdrawal from the Purchase Contract may be sent by the Buyer to, among other things, the address of the Seller's premises or the Seller's e-mail address email@example.com.
5.3. In case of withdrawal from the purchase contract in accordance with Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days of the delivery of the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer by transfer to the Buyer's Account. If the goods were shipped as cash on delivery and the buyer does not communicate his / her account number, the refund will be made by postal order of the Czech Post to the address of the Buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller. Goods cannot be returned by cash on delivery as this would prevent the returned goods from being checked.
5.5. The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for the refund of the purchase price.
5. 5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are taken over by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the account specified by the Buyer.
5.7. If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such gift is lost and the buyer is obliged to return the goods to the seller as well gift provided.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this methodtransport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. In the event that the goods must be delivered repeatedly or in any other way than stated in the order for reasons on the part of the buyer, the buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with other means of delivery. For example: this is a bad address or a non-pickup.
6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects to notify the carrier immediately. If the packaging is found to be in breach, indicating the unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be modified by the Seller's special delivery terms, if issued by the Seller.
6.6. The goods are carefully, individually packaged and shipped most often in a bubble envelope.
6.7. Working hours are Monday to Friday from 9:00 am to 5:00 pm, outside public holidays. vacation and inventory. We send the ordered goods - when paying in advance within 5 working days from the delivery of the payment (usually on the day of payment delivery), within 5 working days of receipt of the order (usually on the day of delivery of the order). Exception is the closure of the e-shop due to holiday or inventory, when the closure is always written on the home page of the shop and at that time the goods are not sent.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended).
7.2. The buyer may exercise the right of defect that occurs in consumer goods within 24 months of receipt (delivery of goods).
7.3. The Seller is liable to the Buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the goods were taken over by the buyer:
7.3.1. the goods have properties that the parties have agreed, and if the agreement is lacking, it has characteristics that the seller or manufacturer has described, or which the buyer has expected with regard to the nature of the goods and the advertising they perform,
7.3.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.3.3. the goods correspond to the quality or design of the agreed sample or template if the quality or design was determined according to the agreed sampleor templates
7.3.4. the goods are in the appropriate quantity, measure or weight; tand. t
7.3.5. goods comply with legal requirements.
7.4. The provisions set out in Article 7.3 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, for wear and tear caused by its normal use; the buyer, or if it is the nature of the goods.
7.5. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within 24 months of receipt.
7.6. The rights of defective performance are applied by the buyer to the seller at the address of the place of business where the acceptance of the claim is possible with regard to the assortment of the goods sold.
7.7. Other rights and obligations of the parties related to the Seller's liability for defects are regulated by the Seller's Complaints Procedure, see below.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of Section 1826 (1) (a). e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via e-mail firstname.lastname@example.org. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase agreement is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).
8.6. The seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out within the scope of its competence by the relevant trade licensing office in Rokycany. Supervision of personal data protection is performed by the Office for Personal Protectiondata. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller processes the buyer's personal data. More information on such processing can be found here - https://www.sperkove-kameny.cz/cz/gdpr
10. FINAL PROVISIONS
10.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2. By choosing the law under this Article of the Terms and Conditions, the consumer is not deprived of the protection conferred by the provisions of the law, which cannot be contractually departed from, and which would otherwise apply under Article 6 (1) of the Regulation of the European Parliament and of the Council in the absence of choice of law (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
10.4. The purchase contract, including terms and conditions, is archived by the seller in electronic form and is not accessible.
10.5. The annex to the Business Terms and Conditions forms a sample form for withdrawal from the Purchase Agreement and the Complaints Procedure.
10.6. Seller's contact details: delivery address Pavla Čepelíková, se Sedlecko 25, 338 24 Bušovice, identification number: 63932989, email@example.com, +420 724 278 200.
In Sedlec on 20.2.2019
Terms and Conditions Annex: Model withdrawal form
(fill out this form and send it back only if you want to withdraw from the contract)
Notice of withdrawal
Terms and Conditions - Complaints Procedure
Warranty Period - unless otherwise stated, applies to all of usgoods warranties 24 months from the date of receipt of the goods.
Warranty - applies to all defects in the goods caused by a manufacturing error or a defect in the material used. Since the goods are made of natural materials and handmade, minor differences in color, size and processing details are not considered as a defect in the goods. The photos are informative only and the goods may vary slightly. However, the warranty does not cover excessive wear and tear of the goods due to improper use by the user. At the same time, it does not relate to the normal wear and tear of the goods corresponding to the nature of the goods and their use. During the warranty period, the Company undertakes to replace the goods which will meet the conditions for complaint under this paragraph. The warranty period is extended by the period during which the customer was unable to use the thing as a result of the claim.
This warranty does not cover defects that arise from force majeure, misuse, improper maintenance, or normal wear and tear.
Remember that the warranty period and product life are different concepts. The life of the product is determined by the manner and intensity of use and may not always be the same as the warranty period. This means that when used intensively, the life of the goods may be lower than the warranty period.
Version dated 20 February 2019 Prepared by: Pavla Čepelíková