company: František Černý
address: Boleslavova 45/9, 140 00 Praha 4, Czech Republic
ID number: 01121197
VAT ID: CZ8511010409
(further only „Seller“)
For sale of goods through online shop located at url: https://brusnekameny.cz (Further only „Website“).
1. INTRODUCTORY PROVISION
1.1. These terms and conditions of Seller (further only "terms and conditions") are edited according to enactment § 1751 paragraph 1, law n. 89/2012 collection, Civil code in later regulations (further only "civil code") mutual rights and obligations of contract parties originating in connection to purchase contract (further only "purchase contract") enclosed between Seller and other individual (further only "buyer") through internet shop of seller. run at website through interface of website (further only "eshop interface").
1.2. Terms and conditions are not applicable in cases when person who intends to purchase goods from seller is legal entity or person, who acts within his business activity during ordering or within his independent occupation.
1.3. Provisions differing from terms and conditions are possible to negotiate in purchase contract. These conditions have higher priority than terms and conditions
1.4. Provisions of terms and conditions are inseparable part of sales contact. Sales contract and terms and conditions are written in Czech language. There may be translations available into languages supported by eshop interface. Sales contract can be entered in Czech or other language that is supported by eshop interface.
1.5. Terms and conditions may be changed or edited by seller. These provisions have no effect on rights and obligations created while previous version was in effect.
2. USER ACCOUNT
2.1. Based on registration of buyer done at website, the buyer may access his user interface. From his/her interface the buyer may order goods (further only "user account"). In case website interface allows, the user may order goods from website without registration.
2.2. The buyer is obliged to state correct and all personal details during registration. The buyer is obliged to update the data in case of change. The data stated by buyer during registration are considered by seller as correct.
2.3. Access to user account is secured by user name and password. The buyer is obliged to keep secret information necessary for accessing user account.
2.4. The buyer is not entitled to lend his/her account with third parties.
2.5. The buyer is entitled to cancel the user account especially in cases it was not used for over 1 year or in case when buyer violets duties in sales contract (including terms and conditions). The account can also be cancelled when website changes are made but customer database is not migrate.
2.6. The buyer is acknowledging that the user account may not be at disposal all the time especially considering necessary maintenance of hardware and software equipment of seller, or necessary maintenance of hardware or software of third parties.
3. CONCLUSION OF PURCHASE CONTRACT
3.1. All presentation placed on eshop website is of informative character and buyer is not obliged to conclude purchase contract regarding these goods. Provision of § 1732 article 2 of civil code is not used.
3.2. Eshop interface contains information about goods, including price of individual items. Costs of goods are presented including value added tax and all connected fees. The costs are valid for the duration of presentation on eshop interface. This provision does not restrict the possibility of concluding sales contract with individually negotiated terms.
3.3. Eshop interface also contains information about costs connected with packing and shipping goods. Information about costs connected with packing and shipping can be found in eshop interface and is only valid, when goods are shipped within boundaries of Czech Republic, Slovakian Republic and other countries that are offered in eshop interface.
3.4. For ordering the goods, buyer fills order form in eshop interface. Order form contains namely information about:
3.4.1. ordered goods (ordered goods are "put in" by buyer into electronic shopping cart in eshop interface)
3.4.2. payment method and cost of goods,
3.4.3. information about requested delivery method of ordered goods and
3.4.4. information about costs connected with delivering the goods (further together only "order")
3.5. Before sending the order the buyer has a chance to review all details and change the information, that was put into order form, as well as correct any possibly incorrect data. The buyer sends the order to seller by clicking the button "Confirm order". Data stated in order are considered correct by seller.
3.6. By shipping order is considered such act, where correct goods, costs, buyer, shipping method and payment method are undeniably identified by seller, and is for contract parties binding sales contract draft. Condition of validity of order is filling of all mandatory details in order form, reading these terms and conditions on website and confirmation of buyer that he read and understands these terms and conditions.
3.7. Once order is received seller without delay confirms the order to buyer via email to address stated in user interface or order (further only "buyers email").
3.8. Seller is always entitled in connection with character of order (amount of goods, final cost or shipping fees) to ask buyer for additional confirmation (for example by phone or electronically)
3.9. Sales contract draft in form of order is valid for 30 days.
3.10. Contract relation between buyer and seller starts by delivering and receiving the order (acceptance), that is sent by buyer by electronic post to e-mail address of buyer.
3.11. In case some demands that are stated in order cannot be fulfilled by seller, he will send amended contract to email address of buyer with offered solutions and will request validation from buyer.
3.12. Amended offer is considered a new draft of sales contract and sales contract is in such case closed after acceptance of buyer through electronic mail.
3.13. Buyer agrees with using long distance communication means during sales contract conclusion. Costs that originate to buyer using long distance communication means (especially cost of internet connection, phone costs) are covered by buyer alone; these costs are no different from base tariff.
4. COST OF GOODS AND PAYMENT METHODS
4.1. Costs for goods and possible costs for delivery and shipping can be covered to seller in following methods:
a) cash on site of establishment at address: Dobronická 45/8, 142 00 Praha, Czech Republic
b) cash on delivery at location specified by buyer in order, considering this option is available due to combination of delivery method and country of delivery chosen in eshop interface.
c) cashless by transfer to account of buyer: 2900872356/2010 or 2100870547/2010, held at Fio banka, a.s. (further only "sellers account"), considering this option is available due to combination of delivery method and country of delivery chosen in eshop interface.
d) cashless by payment card
e) cashless through payment gate GoPay s.r.o.
f) online payment by accepted crypto currency (eg. bitcoin). At the end of order you will be redirected to secured payment gateway for payment. If buyer for some reason asks for return of purchase costs for goods purchased by this method, the amount can only be returned in currency stated on invoice (usually CZK or EUR) and exclusively in the amount specified on invoice. Payment return in crypto currency is not possible.
4.2. Together with purchase cost the buyer is obliged to pay the seller costs connected to packing and shipping in agreed amount. Unless stated otherwise, the shipping costs are included in purchase cost.
4.3. Seller does not require deposit or other similar payment from buyer. This leaves out Article 4.6. of terms and conditions about obligation to pay for goods in advance.
4.4. In case of cash payment or payment upon delivery the amount is payable upon taking of the goods. In case of cashless payment method, cost is payable within 7 days of concluding sales contract.
4.5. In case of cashless payment the buyer is obliged to cover the purchase cost of goods while stating the variable symbol of payment. In case of cashless payment, the obligation to pay the purchase cost if completed the moment the final cost is received by account of seller.
4.6. The buyer is entitled, especially in cases where buyer does not further confirm order (article 3.6.) to ask for coverage of entire purchase cost before shipping the goods to buyer. Provision § 2119 article 1 of civil code is not utilized.
4.7. Possible discounts offered for goods by seller cannot be combined.
4.8. If it is customary for business relations or if its established by generally binding legislation, the seller will issue tax document - invoice, based on payments done in relation to sales contract. The seller pays added value tx. The tax document - invoice, is issued to buyer after paying the cost and is sent to buyers email, or is shipped together with goods.
5. WITHDRAWL FROM SALES CONTRACT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from the Purchase Contract:
5.1.1. about delivery of goods, the price of which depends on financial market disparities, irrespective of sellers will and which may occur during withdrawal period.
5.1.2. about delivery of goods, that was adjusted or modified to specific requests of the buyer or his person
5.1.3. about delivery of goods, that are subjected to rapid deterioration and goods, that were irreversibly mixed with other goods after delivery
5.1.4. about delivery of goods placed in enclosed container, that was taken out by buyer and cannot be returned from reasons of hygiene
5.1.5. about delivery of sound or image recording or computer program, if original packaging was broken.
5.1.6. about delivery of newspaper, periodic or magazines
5.1.7. about delivery of digital content unless it has been delivered on a physical carrier and has been delivered with the prior express consent of the buyer prior to the expiration of the withdrawal period and the seller has communicated to the buyer, before the conclusion of the contract, that he has no right to withdraw from the contract in such a case.
5.2. Unless its not stated in article 5.1. or other possibility, when its not possible to withdraw from contract, the buyer is entitled in accordance to provision § 1829 article 1 of civil code to withdraw from purchase contract within fourteen (14) days since receiving the goods, in case that subject of purchase contract is several types of goods or separate deliveries of multiple parts, this period starts on day of receiving last shipment. Withdrawal from sales contract must be sent to seller within the period specified in previous sentence.
5.3. In order to withdraw from the purchase contract, the buyer may use the model form provided by the seller. The link for downloading this form is provided in the electronic mail confirming the order of the goods and is also available on the seller's website in the section "Return of Goods and Claims". Withdrawal from the sales contract may be sent by the buyer to the address of the seller's office or place of business. However, it is always necessary to send the goods to the business address, which is included on the tax invoice and also on the website of the seller. The premise is also a shop and it is possible to return the goods personally during opening hours of the enterprise. Same conditions as mentioned in article 11 of these terms and conditions are effective for delivery of sales contract withdrawal.
5.4. In case of withdrawal from the purchase contract according to Art. 5.2. of the terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen 14 days of withdrawal from the contract by the buyer. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by normal postal route.
5.5. In case of withdrawal under 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 contract by buyer, by cashless transfer to the account designated by the buyer or by refunding the payment paid by the payment card or cash at seller's premises. The seller is also entitled to return the purchases provided by the buyer upon return of the goods to the buyer or otherwise, provided the buyer agrees and does not incur additional costs to 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 shows that the goods have been dispatched to the seller.
5.6. The seller is entitled one sided to claim for damages on goods against the sellers claim to return the cost for goods.
5.7. Until the goods are taken by buyer, the seller is entitled to withdraw from contract at any time. In this case the cost is returned to buyer without further delay by cashless form to bank account of buyer or refund payment already made by payment card.
5.8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
6. SHIPPING AND DELIVERY OF GOODS
6.1. In case shipping method is agreed based on non-standard request of buyer, the buyer is taking in all risks and possible cost increase of such delivery
6.2. If the buyer is obliged by sales contract to deliver the goods to location specified by buyer in contract, the buyer is obliged to take the goods upon delivery
6.3. In case the goods need to be delivered repeatedly from reasons originating on buyers side, or if buyer requests shipping method other than specified in order, the buyer is obliged to cover all costs connected with repeated delivery, respectively to bear the cost of non-standard delivery
6.4. During takeover of goods, the buyer is obliged to check integrity of packaging and in case of any defect immediately notify the transporter. In case of packaging damage corresponding with unlawful opening of packet, the buyer is not obliged to take over the delivery from transporter.
7. RIGHTS OF FAULT FULFILLMENT
7.1. The rights and obligations of the contract parties regarding rights of defective performance are governed by the relevant generally binding provisions (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code of the Czech Republic).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. goods comply with legal requirements.
7.3. The provisions of Article 7.2 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 of the goods due to its normal use, buyer, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
7.5. Rights of defective performance are exercised by the buyer at the seller's address at his premises, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8. OTHER RIGHTS AND OBLIGATIONS OF CONTRACT PARTIES
8.1. The buyer is entitled to ownership to goods by paying the entire cost
8.2. The seller is not bound by any behavioral codex in relation to buyer in relation to provision § 1826, article 1. letter e) of civil code
8.3. Settlement of complaints is handled through email address: firstname.lastname@example.org. Information about settlement is sent to buyers email address.
8.4. For outside of court settlements of consumer grievance regarding sales contract is incident to Česká Obchodní Inspekce with address at: Štěpánská 567/15, 120 00 Praha 2, Czech Republic, ID: 000 20 869, internet address http://ec.europa.eu/consumers/odr is possible to use for grievance settlement regarding sales contract between seller and buyer.
8.5. Evropské Spotřebitelské Centrum Česká Republika, with address at Štěpánská 567/15, 120 00 Praha 2, Czech Republic, internet address: http://www.evropskyspotrebitel.cz is a contact place according to regulation of European parliament and Council (EU) no: 524/2013 from 21.May 2013 about settlement of consumer grievances online and about change of regulation (ES) no: 2006/2004 and regulation 2009/22/ES (directive about settlement of cosnumer grievances on-line).
8.6. Seller is entitled to sell the goods based on trade certificate. Trade inspection is performed by trade bureau within the frame of action. Supervision for protection of personal detail is performed by Bureau for Protection of Personal Details. Czech trade inspection performs within specified boundaries also supervision of complying to law 634/1992 collection, about consumer protection in accordance to later regulations.
8.57 The buyer take on himself the danger of change of circumstance of changes according to § 1765 article 2 of civil code of Czech Republic.
9. PROTECTION OF PERSONAL DETAILS
His obligation towards the buyer in relation to Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) ("GDPR Regulation") relating to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating this contract and for fulfilling the public obligations of the seller, is fulfilled by the seller through a special document.
10. SENDING OF COMERCIAL INFORMATION AND COOKIES
10.1. Buyer agrees with sending of information related to goods, services or enterprise of seller to electronic address of buyer and further agrees with sending of marketing announcement to buyer’s electronic address. Seller fulfills his duty towards buyer in the sense of article 13 directive GDPR connected to processing of personal details of buyer for the purpose of sending marketing announcements in special document.
10.2. Buyer agrees with saving so called cookies to his computer. In case the purchase from website is possible to realize and to fulfill obligation from side of seller without having to save so called cookies to computer of buyer, the buyer may revoke agreement from previous sentence whenever.
11.1. Notices relating to the relationship between the seller and the buyer, particularly regarding the withdrawal from the sales contract, must be delivered by post in the form of a registered letter unless otherwise specified in the sales contract. The notifications are delivered to the respective contact address of the other party and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the buyer when the withdrawal is effective if the notice is sent to the buyer within the withdrawal period.
11.2. Notice is deemed delivered also in case when addressee refused to take the letter, or the letter was not picked up during deposit time and was returned as undeliverable.
11.3. For regular correspondence, the contract parties may use email that was specified in user account of buyer or was stated in order by buyer, resp. to address stated on website of seller.
11.4. Goods claimed or returned upon withdrawal from a purchase contract in accordance with Article 5 of these Terms and Conditions must be sent to the address of the facility listed on the seller's website and also given on the tax document provided with the goods. The premise is also a shop and it is possible to personally deliver the goods during the shop opening hours.
12. FINAL PROVISIONS
12.1. If the relation established by sales contract contains international party, both parties agree that the relation is regulated by Czech legislation. This has no effect for rights of consumer emerging from general binding legislation.
12.2. If any of the provision of terms and conditions is invalid or ineffective, or it becomes such, new provisions that are as close as possible take effect instead of invalid ones.
12.3. Sales contract is archived by seller in electronic form as not accessible.
12.4. Sample form for withdrawing from sales contract is part of sales contract.
12.5. Contact details of seller for delivery: Dobronická 45/8, 142 00 Praha, Czech Republic, sellers email: email@example.com, phone: 00420 702 062 342.
These terms and conditions and their parts are valid and effective from 6.8.2018 and they invalidate any previous versions including their parts, while being at disposal at website of seller.