GENERAL TERMS AND CONDITIONS OF SALE
of the trading company
Ing. DANIEL VOLAŘÍK
registered office at Přečkovice 86, Bojkovice 68771, Czech Republic
Identification No: 15254666
for the sale of goods through the online store located on the Internet at:
- These General Terms and Conditions of Sale (hereinafter only the “Terms and Conditions of Sale”) of the company Ing. DANIEL VOLAŘÍK, registered office at Přečkovice 86, Bojkovice 68771, Czech Republic, identification number: 15254666, govern the mutual rights and obligations of the Seller and of the Buyer when goods are purchased from the online store located at houpacikun.cz/en/eshop.html (“the store Web interface”).
- It is possible to individually negotiate provisions deviating from these terms and conditions.
- The Terms and Conditions of Sale shall be governed by Czech law.
- The Buyer may access his/her user interface upon his/her registration on the store Web interface. The Buyer may order goods from his/her user interface (hereinafter referred to as the “user account”). The Buyer can also order goods without registration directly from the store Web interface.
- When registering on the website and when ordering goods, the Buyer shall be obliged to enter all information correctly and truthfully. The Buyer shall be obliged to update the information stated in the user account in the case of any change in the information. The Seller shall consider all the information stated by the Buyer in the user account and when ordering goods to be correct.
- Access to the user account is secured by a user name and password; the account is non-transferable.
- The Seller may cancel the user account, in particular in the case when the Buyer fails to use his/her user account for more than 2 years, or, in the case when the Buyer violates his/her obligations from the contract of sale (including the Terms and Conditions of Sale).
- The Buyer acknowledges that the user account may not be available at all times, particularly with respect to necessary maintenance regarding the hardware and software associated with the operation of the online store.
Concluding the purchase contract, ordering goods
- The presentation of the goods located on the Web interface of the shop is for informative purposes only. Our products are manually polished and painted. Therefore, they may show some individual differences.
- The store Web interface provides information about the goods, including their prices. The goods prices are listed including value added tax and any related charges. The goods prices shall remain in force for the period of time when they are displayed on the store Web interface.
- The store Web interface also contains information on the costs associated with packaging and shipping the goods. The information on the costs associated with packaging and shipping the goods.
- To order the goods, the Buyer shall fill in the order form on the store Web interface. The order form (“order”) contains information about:
- The ordered goods (the Buyer shall “insert” the goods being ordered into the electronic shopping cart on the store Web interface),
- The method of payment of the purchase price of the goods, the information about the preferential method of delivery of the ordered goods, and
- The information on the costs associated with shipping the goods.
- The Buyer shall send the order to the Seller by clicking on the “Order” button. The information stated in the order shall be considered accurate by the Seller. Immediately after the receipt of the order, the Seller shall confirm the receipt of such to the Buyer via electronic mail to the e-mail address specified in the user account of the Buyer or in the order (hereinafter referred to as the “e-mail address of the Buyer”).
- The Seller shall always be entitled to, depending on the nature of the order (the quantity of goods, the amount of the purchase price, estimated shipping costs) ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
- The contractual relationship between the Seller and the Buyer is established upon the delivery of the order confirmation that is sent by the Seller to the Buyer by electronic mail to the e-mail address of the Buyer.
- The Buyer agrees with the use of means of distance communication in concluding a purchase contract.
The Price of Goods and Terms of Payment
- The price of goods and the costs associated with the delivery of the goods can be paid to the Seller in the following ways:
- In cash in the outlet store of the Seller at the address Bajovec 1910, Uherský Brod 688 01;
- Cash on delivery at the place specified by the Buyer in the order;
- Non-cash transfer to the Seller’s account no. 328342661/0100, held at Komerční banka, a.s. (hereinafter referred to as the “Seller’s Account”).
- In the case of payment in cash or in the case of cash on delivery payment, the purchase price shall be payable upon the receipt of the goods. In the case of non-cash payment, the purchase price shall be payable within 10 days from the conclusion of a contract (the acceptance of the order). In the case of non-cash payments, the goods shall be shipped after the payment of the purchase price.
- In the case of non-cash payments, the Buyer shall indicate the order number as the variable symbol of the payment. In the case of non-cash payments, the Buyer’s obligation to pay the purchase price shall be met at the moment when the relevant amount is credited to the bank account of the Seller.
- Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
Withdrawal from the Contract
- The Buyer has the right to withdraw from the contract within fourteen (14) days from the receipt of the goods. The notice of withdrawal from the contract shall be sent to the Seller within this 14-day time period to the e-mail address of the Seller, firstname.lastname@example.org.
- In the case of withdrawal from the contract, the goods must be returned to the Seller within fourteen (14) days after the withdrawal from the contract by the Buyer. If the Buyer withdraws from the contract, the Buyer shall bear the costs of returning the goods to the Seller.
- In the case of withdrawal from the contract, the Seller shall return the money received from the Buyer within fourteen (14) days of the withdrawal from the contract by the Buyer in the same manner as the Seller received the money from the Buyer or in a manner mutually agreed between the parties. The Seller shall not be obliged to return the received money to the Buyer before the Buyer returns the goods to the Seller or the Buyer proves that he/she sent the goods to the Seller.
- The Seller shall be entitled to unilaterally set off the claim for reimbursement of any damage to the goods against the Buyer’s claim to the return of the purchase price.
- The Seller shall be entitled to withdraw from the contract at any time up to the point of the Buyer taking delivery of the goods. In this case, the Seller shall return to the Buyer the purchase price without undue delay, specifically by non-cash transfer into the account specified by the Buyer.
Transport and Delivery of Goods
- In the case that the method of transport is agreed on the basis of a specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
- If, in accordance with the purchase contract, the Seller is obliged to deliver the goods to the place designated in the order by the Buyer, the Buyer shall be obliged to accept the goods upon their delivery.
- In the event that, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or by any other method than that stated in the order, the Buyer shall be obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
- When taking the goods from the carrier, the Buyer shall be obliged to check the integrity of the packaging, and in the event of any defects, notify the carrier about such without delay. Should the packaging be found to be damaged as a result of unauthorized tampering, the Buyer is not obliged to take delivery of such consignment from the carrier.
Rights Arising from Defective Performance
- The rights and obligations of the Parties concerning the rights arising from defective performance shall be governed by generally binding legal regulations (in particular, the provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code).
- The Seller guarantees to the Buyer that the goods do not have defects upon receipt. In particular, the Seller guarantees the Buyer that, at the time when the Buyer takes delivery of the goods :
- The goods have the properties that the Parties agreed on, or that the Seller described in the online store or that the Buyer expected with regard to the nature of the goods,
- The goods are fit for the particular purpose as stated by the Seller or for which goods of the same type are normally used;
- The quality or workmanship of the goods correspond to the agreed master sample or model if the quality or workmanship was determined according to the agreed master sample or model,
- The goods are in the appropriate quantity, and
- The goods comply with the requirements of the legislation.
- In the case of goods sold at a lower price, the provisions referred to in article 2 of the Terms and Conditions of Sale shall not apply to a defect due to which the lower price was agreed.
- If a defect occurs within six months from the receipt of the goods, it shall be deemed that the goods were already defective when received. The Buyer shall be entitled to exercise the right arising from defects that occur to the goods within the period of twenty-four months after taking delivery of the goods. This provision does not apply to the normal wear and tear of the products.
- The Buyer shall claim his/her rights arising from defective performance regarding the Seller at the address of the manufacturing shop of the Seller. The moment, when the Seller received the goods under complaint from the Buyer, shall be considered to be the moment of lodging the claim. In recognition of the claim the item shall be repaired or replaced with a corresponding product without defects.
Other Rights and Obligations of the Contractual Parties
- The Buyer shall acquire ownership of the goods upon the payment of the full purchase price of the goods.
- The handling of consumer complaints shall be ensured by the Seller through the e-mail address email@example.com. Information on the processing of the Buyer’s complaint shall be sent by the Seller to the e-mail address of the Buyer.
- The Seller is entitled to sell the goods on the basis of a business licence. Trade inspections are carried out by the Trade Licensing Office within the scope of its competence. Supervision over the area of the protection of personal data shall be exercised by the Office for Personal Data Protection. The Czech Trade Inspection performs, inter alia, supervision of compliance with Act No. 634/1992 Coll. on consumer protection, as amended, at the defined scope.
Protection of Personal Data
- The Buyer agrees to the processing of his/her personal data: name and surname, permanent address, identification number, tax identification number, e-mail address, and phone number (hereinafter collectively referred to as “personal information”). These data are used for the implementation of the order and, where appropriate, for the keeping of the user account of the Buyer.
- The Buyer acknowledges that he/she is obliged to state his/her personal information (upon registration, in his/her user account, when placing an order from the store Web interface) truthfully and correctly and that he/she is obliged to inform the Seller of a change in his/her personal data without delay.
- Personal data necessary for the delivery of the goods shall be transferred to the carrier. Apart from the persons delivering the goods, the Seller shall not hand over the personal information to third parties without the prior consent of the Buyer.
- Personal data shall be processed for an indefinite period. Personal data shall be processed in electronic form.
- The Buyer confirms that the provided personal data are accurate and that he/she was advised that this was a voluntary provision of personal data.
- If the Buyer asks for information about the processing of his/her personal data, the Seller shall be obliged to provide this information to the Buyer. The Seller has the right to require appropriate remuneration for the provision of the information referred to in the previous sentence not exceeding the costs necessary for the provision of the information.
- The Buyer agrees to the storing of the so-called cookies on his/her computer. Cookies are used to facilitate a purchase in the online store.
- The Buyer may be sent notifications via the e-mail address of the Buyer.
- The purchase agreement, including the Terms and Conditions of Sale shall be archived by the Seller in its electronic form and shall not be publicly accessible.
- The Seller’s contact information: the address for delivery of notifications at Pecháčkova 318, 688 01 Uherský Brod, Czech Republic, e-mail address firstname.lastname@example.org, phone (+ 420) 572 630 111.
Uherský Brod, September 25, 2015
Ing. Daniel Volařík