TERMS & CONDITIONS OF SALE
These Terms and Conditions (hereinafter referred to as the “Terms”) regulate the rights and obligations between:
with her registered seat at: Žižkovo nám. 975, Nové Strašecí Postcode 27101, Czech Republic
Company ID No.: 75496739
Tax ID No.: CZ8451040664
Natural person doing business under the Trade Act unincorporated
Bank Account No.: 115-8955260207/0100
(hereinafter referred to as the “Seller”) as the first party and the Buyer as the second party, for the sales of goods via the e-shop located on the website.
- INTRODUCTORY PROVISIONS
1.1. In compliance with the provisions of Section 1751 (1) of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the “Civil Code”), the Seller’s Terms regulate the mutual rights and obligations of the Parties arising in connection with or based on a Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another Party (hereinafter referred to as the “Buyer") via the Seller’s e-shop. The e-shop is operated by the Seller on website with internet address www.eshop.petrastahlova.com (hereinafter referred to as the “Website”) via the website interface (hereinafter referred to as the “Interface”).
1.2. Provisions in deviation from the Terms may be arranged in the Purchase Agreement. The deviating provisions of the Purchase Agreement take precedence over the provisions hereof.
1.3. The provisions hereof constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are concluded in the English language. The Purchase Agreement may be concluded in the Czech language.
1.4. The Terms may be modified or amended by the Seller. This provision does not affect the rights and obligations arising during the effective term of wording of the preceding Terms.
- USER ACCOUNT
2.1. Based on the Buyer’s registration at the Website, the Buyer may access its user interface. Using the user interface, the Buyer may order the goods (hereinafter referred to as the “User Account”). Provided that the Interface allows it, the Buyer may order the goods even without being registered, i.e. directly from the Interface.
2.2. When registering to the Website and when ordering the goods, the Buyer is obliged to provide solely accurate and true data. In the event of a change in the data entered in the User Account, the Buyer is obliged to update the data. When ordering the goods, the data entered in the User Account is considered as accurate.
2.3. The access to the User Account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality with respect to the information necessary for the access to its User Account.
2.4. The Buyer may not enable the access to its User Account to third parties.
2.5. The Seller may cancel a User Account especially in the event that the Buyer does not use its account for more than one year or that the Buyer breaches its obligations arising from the Purchase Agreement (including the Terms).
2.6. The Buyer acknowledges that the User Account may be unavailable from time to time due to reasons which include but are not limited to the necessary maintenance of the Seller’s hardware of software or the necessary maintenance of the hardware of software of third parties.
- CONCLUSION OF PURCHASE AGREEMENT
3.1. The entire presentation of goods located on the Interface serves for information only and the Seller is not obliged to conclude a Purchase Agreement with respect to such goods. The provision of Section 1732 (2) of the Civil Code does not apply.
3.2. The Interface contains information related to the goods, including the price of the individual goods. The prices of goods include the VAT and all related fees, excluding the packaging costs and transport fees. Prices of goods remain valid for the whole term of their display on the Interface. This provision does not restrict the Seller’s option to conclude the Purchase Agreement under terms arranged individually.
3.3. The Interface also includes information on the packaging and delivery costs.
3.4. For the ordering of goods, the Buyer is to fill in an order form on the Interface. The information provided in the order form includes but is not limited to:
3.4.1. Goods ordered (ordered goods will be "placed" by the Buyer in the electronic shopping basket on the Interface),
3.4.2. Method of payment of the Purchase Price, data concerning the required delivery method of the ordered goods, and
3.4.3. Information on the delivery costs (hereinafter referred to as the “Order”).
3.5. Before submitting the Order to the Seller, the Buyer may verify and change the data entered in the Order, even with respect to ascertaining or correcting any errors arising to the Buyer during entering the data in the Order. The Order is submitted to the Seller by the Buyer by clicking on “Submit”. The data contained in the Order is considered as accurate by the Seller. Immediately upon receiving the Order, the Seller will confirm this fact to the Buyer electronically to the email address provided by the Buyer on the user interface or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. Depending on the nature of the Order (amount of goods, amount of Purchase Price, expected delivery costs), at all times, the Seller may request an additional confirmation of the Order by the Buyer (in writing or by telephone, for instance).
3.7. The contractual relation between the Seller and the Buyer is formed by the delivery of the Order acceptance sent by the Seller to the Buyer electronically to the Buyer’s Email Address.
3.8. The Buyer agrees with the use of remote communication methods when concluding the Purchase Agreement. Costs arising to the Buyer when using the remote communication methods in connection with concluding the Purchase Agreement (such as internet connection charges, telephone charges) are paid solely by the Buyer; these costs do not differ from the basic rate.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of goods and any costs related to the goods delivery under the Purchase Agreement may be paid by the Buyer by means of the following methods:
- GoPay Payment Gateway
4.2. Along with the Purchase Price, the Buyer is obliged to pay to the Seller also the agreed amount of costs associated with the packaging and delivery of the goods. Unless explicitly otherwise provided, the Purchase Price hereinafter includes the costs related to the goods delivery.
4.3. Individual discounts on the Purchase Price of the goods may not be combined.
4.4. Provided that the Buyer has a valid discount code or a gift voucher code, the Buyer enters this code in the relevant field in the web form before submitting the Order. Individual discounts may not be combined. Provided that the Buyer has a percentage loyalty discount, the discount is deducted automatically from every purchase performed by the Buyer under its registration details. The Seller reserves the right to modify or cancel any discount vouchers or loyalty discounts without providing a reason.
4.5. Provided that it is common for the commercial relation or that it is stipulated by general legally-binding regulations, the Seller will issue an invoice to the Buyer with respect to payments realised based on the Purchase Agreement. The Seller is a VAT payer. The invoice will be issued by the Seller to the Buyer upon the payment of the Purchase Price and sent electronically to the Buyer’s Email Address.
4.9. Upon submitting the Order, the Buyer may use the GoPay payment gateaway (electronic payment) service, which will redirect the Buyer to its internet banking service. The Buyer will then submit the payment via the internet banking service. The Seller will dispatch the goods immediately upon receiving the payment confirmation. Transfer of funds is realised by means of Gopay s.r.o. account. The sensitive personal data entered in the internet banking system is protected by payment gateways of the relevant banks and does not reach a third-party environment. The processors of payments can only see the information on the relevant transaction provided by the bank within the dispatched transaction. By concluding the Purchase Agreement, the Buyer, as a natural person, grants the Seller its consent with the processing of its personal data until the potential written expression of dissent against such processing is received. Contact details submitted by the Buyer in the Order serve exclusively for our needs and will not be provided to other entities with the exclusion of the payment processors.
- BUYER’S WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. The provision of this Article 5 applies solely to the Purchase Agreements concluded between the Seller and the Buyer where the Buyer constitutes a consumer within the meaning of Section 419 of the Civil Code.
5.2. The Buyer-Consumer acknowledges that in compliance with the provisions of Section 1837 of the Civil Code, a consumer may not withdraw from a purchase agreement on the supply of goods which were customised or personalised to the wishes of the Buyer-Consumer or for the Buyer-Consumer personally (autograph with dedication affixed to a book); from a purchase agreement on the supply of goods subject to rapid decay, as well as the goods which were irreversibly mixed with other goods after supply; from a purchase agreement on the supply of goods which were sealed by the Seller and unsealed by the Buyer-Consumer after supply and which are not suitable for return due to hygiene reasons; from a purchase agreement on the supply of audio or video recordings or computer software whose original seal was unsealed after supply; and that a consumer may not withdraw from a purchase agreement on the supply of newspapers, periodicals or magazines.
5.3. Unless the case in question is the case set forth in Article 5.1 or another case where the withdrawal from the Purchase Agreement is not possible, in compliance with the provisions of Section 1829 (1) of the Civil Code, the Buyer-Consumer may withdraw from the Purchase Agreement concluded via the e-shop within fourteen (14) days of acceptance of the goods; in the event that the subject-matter of the Purchase Agreement consists of several types of goods or the supply in several parts, this time limit commences running by the date of acceptance of the last part of the goods. Provided that the Buyer-Consumer intends to withdraw from the Purchase Agreement within the 14-day time limit, it will contact the Seller ideally by email and it will state in writing its intention to withdraw therefrom, providing the Order No., date of purchase, and bank account number for refunding the Purchase Price. Withdrawal from the Purchase Agreement may be sent by the Buyer-Consumer to the Seller’s registered seat (Petra Stahlová, Ivana Olbrachta 2614, Kladno Postcode 27201, the Czech Republic) or to the Seller’s email address: email@example.com.
5.4. In the event of withdrawal from the Purchase Agreement in compliance with Article 5.2 hereof, the Purchase Agreement will be terminated ex tunc. Within fourteen (14) days of the withdrawal from the Purchase Agreement, the goods must be returned to the Seller’s delivery address:
Ivana Olbrachta 2614
Kladno Postcode 27201, the Czech Republic
Telephone number for returns or claims: +420777302839
5.5. The Buyer-Consumer has the right to refund of delivery costs solely in the lowest amount offered. Provided that the Buyer-Consumer withdraws from the Purchase Agreement, the Buyer-Consumer bears the costs related to returning the goods to the Seller; this also applies to the case when the goods cannot be returned by the normal postal means due to their nature.
5.6. In the event of withdrawal from the Purchase Agreement within 14 days of receiving the performance, the Buyer-Consumer is to return to the Seller all that has been acquired based on the Purchase Agreement. The Buyer-Consumer is liable to the Seller for devaluation of the goods arising due to the goods handling otherwise than it is necessary due to their nature and properties. The Buyer-Consumer acknowledges that in the event that the goods returned by the Buyer are damaged, worn down or partially consumed, the Seller has the right to claim damages towards the Buyer-Consumer arising thereby. The damages may be set-off unilaterally by the Seller against the Buyer-Consumer’s right to the Purchase Price refund. The actually incurred costs related to the returning of the goods may be set-off by the Seller against the Purchase Price which is to be refunded to the Buyer-Consumer.
5.7. In the event of withdrawal from the Purchase Agreement in compliance with Article 5.2 hereof, the Seller will return the funds received from the Buyer-Consumer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement. The Seller may also return the performance provided by the Buyer-Consumer already upon the return of the goods by the Buyer-Consumer or by other means if agreed upon with the Buyer and if no further costs incur to the Buyer-Consumer thereby. Provided that the Buyer-Consumer withdraws from the Purchase Agreement, the Seller is not obliged to return the funds to the Buyer-Consumer before the Buyer-Consumer returns the goods or proves the dispatching of the goods to the Seller.
5.8. The damages may be set-off unilaterally by the Seller against the Buyer-Consumer’s right to the Purchase Price refund.
5.9. Until the goods are received by the Buyer-Consumer, the Seller may withdraw from the Purchase Agreement any time. In such a case the Seller will refund the Purchase Price to the Buyer-Consumer without undue delay and it will do so by bank transfer to the account set forth by the Buyer-Consumer.
5.10. In the event that a gift is provided along with the goods to the Buyer-Consumer, a contract of donation between the Seller and the Buyer-Consumer is concluded with a condition subsequent that in the event of withdrawal from the Purchase Agreement by the Buyer-Consumer, the contract of donation becomes ineffective with respect to such a gift, and the Buyer-Consumer is obliged to return the gift to the Seller along with the gift provided.
- TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the means of transport agreed upon based on the Buyer’s special request, the Buyer bears the risk and any additional costs related to such a means of transport.
6.2. In the event that the Seller is obliged to deliver the goods under the Purchase Agreement to an address specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that it is necessary to deliver the goods repeatedly or by other means than as under the Order due to reasons on the Buyer’s side, the Buyer is obliged to pay the costs related to the repeated delivery of the goods, or the costs related to the other means of delivery.
6.4. Depending on the availability of the goods ordered and on the operating possibilities of the supplier, the goods ordered will be delivered as soon as possible by a carrier, i.e. typically within 2-5 working days of the binding confirmation and payment of the Order, however, no later than within 14 working days (except for goods where a later delivery date has been agreed upon). The Buyer is informed by the Seller’s email of handing-over the consignment to the selected carrier.
6.5. Provided that the goods ordered are unavailable in warehouse over a long period of time or they may not be handed over to the carrier within the agreed time limit, the Seller may withdraw from the Purchase Agreement (i.e. the binding Order). Provided that the Order has been paid for in part or in full, the Buyer will be refunded the payment to its bank account within 14 days of the mutual agreement.
6.6. Upon takeover of the goods from the carrier, the Buyer is obliged to verify that the packaging is intact and to notify the carrier without delay of any defects. Provided that the packaging is not intact, proving any unauthorised penetration into the consignment, the Buyer is not obliged to take over the consignment from the carrier.
6.7. The Buyer is obliged to verify the contents of the consignment and report any discrepancies (damaged goods, missing goods or wrong items) without delay, ideally on the very same day, to the Seller. Any transport claims must be recorded at maximum within 2 working days of delivery to the Buyer.
6.8. The goods will be dispatched to the address set forth by the Buyer and paid as selected by the Buyer from the offer set forth by the Seller.
- RIGHTS ARISING FROM A DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Parties with respect to rights arising from a defective performance are regulated by the relevant legal regulations.
7.2. The rights arising from a defective performance are to be exercised by the Buyer with the Seller at the address:
Petra Stahlová, Ivana Olbrachta 2614, Kladno Postcode 27201, the Czech Republic
Contact person: Petra Stahlová, firstname.lastname@example.org Telephone number for claims: +420777302839
The moment of receiving the defective goods from the Buyer by the Seller will be considered as the moment of exercising the rights. At all times, in the event of claims related to defective performance, the Buyer is to contact the Seller at email@example.com or by phone! The goods are sent back to the logistics centre solely upon prior agreement and photo-documentation of the product is made at all times. All claims must be solved with the carriers within 2 days of delivery at latest. Otherwise a claim may not be submitted and compensation may not be required.
7.3. Other rights and obligations associated with the Seller’s liability for defects may be regulated by the Seller’s warranty guidelines.
7.4. No rights may be exercised by the Buyer-Consumer with respect to gifts provided free of charge. Such goods comply with the terms of a contract of donation and with all rules in compliance with the laws of the Czech Republic.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires the ownership of the goods by payment of the full Purchase Price of the goods.
8.2. With respect to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.
8.3. In the event that a consumer dispute arises between the Seller and the Buyer-Consumer with respect to the Purchase Agreement, provided that such a dispute may not be resolved by settlement, the Consumer may file a petition for non-judicial settlement of such a dispute to the designated entity dealing with non-judicial settlements of consumer disputes, i.e.:
Czech Trade Inspection Authority (Česká obchodní inspekce)
Central Inspectorate - ADR Department
Štěpánská 15 Postcode 120 00 Prague 2
8.4. The Seller is authorised to sell the goods based on her Trade Certificate. Trade inspections are performed by the relevant Trade Office within the scope of its authority. The supervision over personal data protection is performed by the Office for Personal Data Protection. Czech Trade Inspection Authority performs, among other things, the supervision over adherence to the Act No. 634/1992 Sb., on Consumer Protection, as amended, within the defined scope.
8.5. The Buyer hereby accepts the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
- PERSONAL DATA PROTECTION
9.1. The provisions of this Article 9 only apply to Buyers who are natural persons.
9.2. The protection of the Buyer’s personal data is provided by Act No. 101/2000 Sb., on Personal Data Protection, as amended. The operator is registered with the Office for Personal Data Protection under Reg. No.: 00054219.
9.3. The Buyer agrees with the processing of its personal data: first name and surname, address of residence, Company ID number, Tax ID number, email address, telephone number (hereinafter jointly referred to as the “Personal Data”).
9.4. The Buyer agrees that its Personal Data will be processed by the Seller for the purposes of realisation of the rights and obligations arising from the Purchase Agreement and for the purposes of the Buyer's User Account management. Unless the Buyer chooses another option, it consents to the processing of its Personal Data by the Seller also for purposes of sending information and commercial communications to the Buyer. Consent with the processing of Personal Data in full in compliance with this Article does not serve as a condition that would itself make conclusion of the Purchase Agreement impossible.
9.5. The Buyer acknowledges its obligation to provide accurate and true Personal Data (during its registration, in its User Account, in the Order performed via the Interface) and to inform the Seller of any change to its Personal Data without undue delay.
9.6. The Seller may authorise a third party to be the processor of the Buyer’s Personal Data. Apart from the persons delivering the goods to the Buyer, without the prior written consent of the Buyer its Personal Data will not be transferred to third parties.
9.7. The Personal Data will be processed for an indefinite period of time. Personal Data will be processed electronically by an automatised means or in a printed form by a non-automatised means.
9.8. The Buyer confirms that the provided Personal Data is accurate and that it has been informed the provision of this Personal Data is voluntary.
9.9. Provided that the Buyer assumes that the Seller or the processor (Article 9.5) processes its Personal Data in contradiction to the protection of the Buyer’s private and personal life or in contradiction to the law, including but not limited to the assumption that the Personal Data is inaccurate with respect to the purpose of its processing, the Buyer may:
9.9.1. Request explanation from the Seller or the processor;
9.9.2. Request that the Seller or processor eliminate the condition arisen.
9.10. Provided that the Buyer requests information concerning the processing of its Personal Data, the Seller is obliged to provide this information to the Buyer. With respect to provision of information under the previous sentence, the Seller has the right to request reasonable compensation not exceeding the costs necessary for the information provision.
- RECEIVING COMMERCIAL COMMUNICATIONS AND COOKIES
10.1. The Buyer agrees with receiving email information related to the goods, services or the Seller's business activities, and agrees with receiving commercial communications by the Seller to the Buyer's email address.
10.2. The Buyer agrees with storing files, so called cookies, at its computer. Provided that the purchase via the Website is possible while the Seller’s obligations arising from the Purchase Agreement are fulfilled without storing the cookies at the Buyer’s computer, the Buyer may withdraw its consent under the previous sentence at any time.
11.1. Notices may be delivered to the Buyer’s Email Address set forth in the User Account or set forth in the Buyer’s Order.
- FINAL PROVISIONS
12.1. Provided that the relation under the Purchase Agreement contains an international (foreign) element, the Parties agree that the relation is governed by the laws of the Czech Republic. This does not affect the consumer rights arising from general legally-binding regulations.
12.2. Provided that any provision hereof is found invalid or ineffective, or will become invalid or ineffective, another provision will be arranged to replace such invalid provisions, the meaning of which will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions hereof. Any modifications or amendments to the Purchase Agreement or hereto must be made in writing.
12.3. Please note that the information on the Website is partially taken over from third parties and may contain material or technical inconsistencies or typos and may be updated without prior notification. The Seller may change her products or services provided at the Website any time and without prior notice and she does not guarantee the material accuracy of their contents.
12.4. Costs of usage of the remote communication methods (telephone, internet, etc.) for realising the Order are of the common amount depending on the tariff of the telecommunication services used by the Buyer. Such costs are paid by the Buyer itself.
12.5. The Purchase Agreement, including the Terms, is archived by the Seller electronically and is not accessible.
12.6. The Seller’s contact details: Delivery address: Petra Stahlová, Ivana Olbrachta 2614, Kladno Postcode 27201 Czech Republic, Email address: firstname.lastname@example.org, Telephone: +420777302839
These Terms become effective on 27 March 2019.