These terms and conditions apply to purchases in an online store operated by Jaroslav Prokeš and valid from 10 October 2016
The conditions further define and specify the rights and obligations of the seller, such as Jaroslav Prokeš, Atletická 2224, 356 01 Sokolov, IČ: 69277257, and the buyer (customer, consumer).
All contractual relationships are concluded in accordance with the legal order of the Czech Republic. If the consumer is a party, the relations that are not subject to the trading conditions are subject to the Civil Code (No. 89/2012 Sb.) And the Consumer Protection Act (No. 634/1992 Sb.). If the contracting party is not a consumer, the relations that are not subject to the terms and conditions are subject to the Civil Code (No. 89/2012 Coll.)
DEFINITION OF CONDITIONS
The seller is Jaroslav Prokeš, Atletická 2224, 356 01 Sokolov, IČ: 69277257. Jaroslav Prokeš is a company engaged in business or other business activities. It is a company that delivers products or services directly or through other entrepreneurs to the buyer.
The customer of our internet shop is the buyer. In the light of existing legislation, a distinction is made between a buyer and a non-consumer buyer.
A consumer or consumer is only a person who enters into or contracts with the entrepreneur outside the business or outside the scope of the independent profession.
A buyer who is not a consumer is a businessman. Any person concluding contracts relating to their own business, manufacturing or similar activities or to the independent pursuit of their profession or a person acting on behalf of or on behalf of the entrepreneur - if the contract is mentioned - shall also apply as an entrepreneur.
If the buyer is a consumer, the proposal to conclude the purchase contract - the offer is the placement of the goods offered by the supplier on the e-shop site. The purchase contract is created by the buyer sending the order to the buyer and accepting the order by the supplier. This receipt is immediately confirmed by the supplier to the buyer by an informative e-mail to the entered e-mail. However, this confirmation has no influence on the receipt of the contract. The resulting contract (including the agreed price) can only be changed or canceled with the consent of the parties or for legal reasons.
Before submitting the order to the seller, the buyer may review and modify the data entered in the order, including the ability of the buyer to identify and correct the errors that occur when entering the data in the order appeared. The order is sent to the seller by the buyer by clicking on the "Submit order" button.
If the buyer is not a consumer, the proposal for the conclusion of the purchase contract is the order sent by the buyer and the purchase contract itself will be concluded with the proposal at the time the seller's binding agreement is handed over to the buyer.
Upon conclusion of the purchase agreement, the buyer confirms that he has familiarized himself with these terms and conditions, including the eligibility rules, and agrees. The buyer will be informed about these terms and conditions and the complaint process and will have the opportunity to familiarize with them in good time before ordering.
The deadline for the settlement of complaints is suspended if the seller has not received all the documents required to process the complaint (part of the goods, other documents, etc.). The seller must request the addition of the materials from the buyer in no time. The period is suspended from this date until the buyer has submitted the requested documents.
The seller reserves the right to cancel the order or part of it prior to the conclusion of the purchase contract on the basis of an agreement with the buyer in the following cases: The goods are no longer manufactured or delivered or the price of the goods supplier has changed significantly , In the event that the buyer has already paid the purchase price partially or completely, this amount will be transferred to his account or address and not completed for the conclusion of the purchase contract.
No consumer rights can be applied to gifts that are provided for free. These goods fulfill the conditions of the gift agreement and all standards according to the current laws of the Czech Republic.
RIGHT OF ERRORS
The rights and obligations of the parties in relation to defective performance are governed by the relevant general binding provisions (in particular, the provisions of sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of Act No. 89/2012, Civil Code).
The seller replies to the consumer that the goods have no defects during the takeover. The seller answers in particular to the consumer that he is at the time of the takeover
• The property has properties negotiated by the parties and, if no agreement has been made, features that the seller or the manufacturer has described or which the buyer expects in relation to the type of goods and the advertising they expect ,
• The item is suitable for the purpose specified by the seller or to which he is normally used.
• The item will reflect the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed pattern or masterpiece.
• The thing is in the right amount, degree or weight
• The case meets the legal requirements.
If the property does not have the above characteristics, the consumer may also demand the delivery of a new product without defects, if this is not disproportionate due to the nature of the defect. However, if the defect relates only to parts of the item, the consumer can only ask for spare parts; If this is not possible, it may withdraw from the contract. However, if the defect is disproportionate in view of the nature of the defect, in particular if the defect can be remedied immediately, the consumer is entitled to the free remedying of the defect. The consumer is entitled to a new item or a replacement, even if a defect can be remedied if the item can not be used properly for repeated defects after repair or for other defects. In this case, the consumer has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace his part or to repair the item, he may demand a reasonable discount. The consumer is entitled to a reasonable discount, even if the seller can not deliver a new thing without defects, replace the part or repair the thing, and if the seller does not remedy the problem within a reasonable time, or the remedy presents considerable difficulties for the consumer caused.
The right to defective performance of the buyer does not belong if the buyer knew before taking over the item that the item was defective or if the buyer caused the defect himself.
The consumer has the right to claim a shortage of consumer goods within 24 months of the takeover. If a defect occurs within six months of the acquisition, the matter is deemed to be defective at the time of acquisition.
Other rights and obligations of the parties in connection with the seller's liability for defects can be regulated by the seller's claim rules.