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, ID: 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.
A classic 24-month warranty does not apply to a product purchased by an entrepreneur from an entrepreneur. By law, the seller is only liable for defects in the item at the time of receipt, even if these do not become apparent until after receipt.
There is a 12-month warranty for entrepreneurs.
§ 2100, § 2103, § 2112, § 2113, § 2121 and § 2158 of Act No. 89/2012 Coll., Civil Code
THE CONSUMER 'S RIGHT TO WITHDRAW FROM THE CONTRACT
If the purchase contract is concluded by means of distance communication (in the online store), the consumer has the right in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract without giving a reason within 14 days of receipt of goods (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 purchase contract must be sent to the seller within the period specified in the previous sentence.
If the consumer wishes to withdraw from the contract within 14 days according to the previous paragraph, he contacts the seller and preferably states in writing that he withdraws from the contract ideally with the order number, date of purchase and account number for refunds.
To withdraw from the purchase contract, the consumer can also use the sample form provided by the seller, which forms an annex to these terms and conditions. Withdrawal from the purchase contract can be sent by the consumer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org
In the event that the purchasing consumer withdraws from the contract under the preceding paragraphs, the seller will return the funds received from the buyer (except for the amount representing additional delivery costs incurred as a result of the buyer's chosen method of delivery, which is different from the cheapest standard delivery offered by the seller) within 14 days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in any other way, if the buyer agrees and the buyer does not incur additional costs. If the consumer consumer 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 he sent the goods to the seller.
However, the provisions of the Act on withdrawal from the contract within 14 days cannot be understood as a possibility of free loan of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must give the seller, within 14 days of withdrawing from the contract, everything he has obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be issued. If the returned goods are only partially damaged, the seller may claim damages from the consumer and set off his claim against the returned purchase price. In such a case, the seller is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.
The seller may offset his actual costs incurred in returning the goods against the purchase price to be refunded to the buyer.
In accordance with the provisions of Section 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract, in particular, in the case of contracts:
• on the provision of services, if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract,
• the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the period for withdrawal from the contract,
• the supply of alcoholic beverages, which may be delivered only after thirty days and the price of which depends on fluctuations in the financial market independent of the will of the entrepreneur,
• on the supply of goods which have been modified according to the wishes of the consumer or for his person,
• on the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
• repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
• on the delivery of goods in a closed package, which the consumer has removed from the package and for hygienic reasons it is not possible to return,
• the delivery of an audio or video recording or a computer program, if it has broken their original packaging,
• the supply of newspapers, periodicals or magazines,
• on accommodation, transport, meals or use of free time, if the entrepreneur provides these services within the specified period,
• concluded on the basis of a public auction in accordance with the law governing public auctions, or
• on the delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur informed the consumer before concluding the contract that in such a case he has no right to withdraw from the contract
The seller reserves the right to cancel the order if the goods can no longer be delivered or replaced with another model or if its price has changed significantly and the customer does not accept this before the actual purchase contract. The seller informs the customer about this situation. If part or all of the order has been paid, the customer's money will be returned to the account.
There is no right to withdraw from the purchase contract within 14 days in the case of the purchase of goods within the scope of business or entrepreneurial activity (IČ).
PROTECTION OF PERSONAL DATA
Information about customers is stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful fulfillment of the contract until the time of his written expression of disagreement with this processing.
The buyer has the right to access his personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on a written request from the customer. Personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the delivery of goods.
Individual contracts are archived by the operator after their conclusion, in electronic form and are accessible only to the store operator.
The seller handles consumer complaints via the electronic address email@example.com. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
These terms and conditions are valid as stated on the seller's website, on the day of concluding the purchase contract. After its confirmation, the consumer order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further records, and its status is accessible to the buyer. The contract may be concluded in the Czech language, or in other languages, unless this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.
These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions in the version valid on the day of sending the order, including the price of the ordered goods stated in the confirmed order, unless demonstrably agreed otherwise in a particular case.
These conditions take effect on 1 January 2014
METHOD OF PAYMENT
Goods can be paid for:
Payment by bank transfer
If you choose this method of payment, you can transfer your payment for the goods to our account
by bank transfer from your account (internetbanking, GSM banking), or credit card
bank account number for payment of Europe:
IBAN - CZ9720100000002500620707
SWIFT - FIOBCZPPXXX
Enter the same variable symbol as the invoice number. After receiving the payment, the paid goods will be prepared and sent to your specified address.
b) Cash on delivery
You pay for the goods to the delivery service upon receipt of the order.
TERMS OF DELIVERY
The place of delivery of goods is the address given by the buyer in the order of goods (unless stated otherwise in the note). Shipments are sent via PPL, GLS, Geis Logistic, DPD, by Post or can be picked up in person (by prior telephone agreement) at: Jaroslav Prokeš, Malé náměstí 2270, 356 01 Sokolov.
Each delivery of goods will be accompanied by a tax document, which serves both as a delivery and warranty card.
If the goods are in stock, the usual delivery time for this type of goods is up to 2-3 working days. In case the delivery time should be longer, we will inform you. If you need to know the exact delivery date of a specific product before placing an order, please contact us.
ACCEPTANCE OF THE SHIPMENT TO THE BUYER
When accepting the shipment, always in the presence of the carrier, please check that the packaging of the shipment is not damaged (dented, torn, soggy, broken packing tape). If this is the case immediately, write a report on the damage to the shipment with the carrier and do not accept the shipment. Write to our email the reasons for which you did not accept the shipment. We will contact you as soon as possible and together we will arrange the delivery of a new shipment.
If the shipment is in order, it is your duty to inspect the delivered goods without undue delay and to inform us of any defects and shortcomings in writing (letter or email) within 2 days of its delivery. This also applies to incomplete delivery and discrepancies in the number of delivered goods. When making a complaint, it is necessary to submit a copy of the delivery note (invoice) with the goods together with proof of payment.
PRICE LIST OF SHIPMENT
Prices vary according to the type of goods and their weight and the country to which the goods are sent.