GENERAL BUSINESS TERMS AND CONDITIONS
of commercial company
with the registered office at: Svatoplukova 1199 698 01, Veselí nad Moravou, Czechia
Company Identification No: 01616161,
incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 78820,
for the sale of goods by means of an online store located at the web address www.eshop.flajzar.cz
● INTRODUCTORY PROVISIONS
1. These business terms and conditions (hereinafter referred to as the “Business Terms”) of the commercial company FLAJZAR, s.r.o., with the registered office at Svatoplukova 1199 698 01, Veselí nad Moravou, Czechia, Company Identification No.: 01616161, incorporated in the Companies Register kept by the Regional Court in Brno, Section C, Insert 78820 (hereinafter referred to as the “Seller”), regulate the mutual rights and obligations of the Contracting Parties, established in connection with or based on a Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) by means of the Seller´s online store, in accordance with Section 1751(1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”). The online store is operated by the Seller on the website located at the web address www.eshop.flajzar.cz (hereinafter referred to as the “website”) by means of the website interface (hereinafter referred to as the “store web interface”).
2. The Business Terms do not apply to cases when a person intending to buy goods from the Seller is a legal entity or person acting within his/her business activity or self-employment when ordering the goods.
3. It is possible to agree on provisions different from the Business Terms in the Purchase Agreement. The different provisions in the Purchase Agreement shall prevail over the provisions hereof.
4. The provisions hereof form an integral part of the Purchase Agreement. The Purchase Agreement and the Business Terms are executed in the Czech language. The Purchase Agreement may be concluded in the Czech language.
5. The wording hereof may be amended or supplemented by the Seller. The rights and obligations established during the validity of the previous wording hereof shall not be affected hereby.
● USER ACCOUNT
1. Based on the Buyer´s registration made on the website, the Buyer may have access to his/her user interface where he/she may order the goods (hereinafter referred to as the “user account”). In a case where the store web interface allows it, the Buyer may also order the goods without any registration directly from the store web interface.
2. When registering on the website and ordering goods, the Buyer is obliged to state all the data correctly and accurately. The Buyer is obliged to update the data stated in the user account in case of any change. The data stated by the Buyer in the user account when ordering the goods is considered to be accurate by the Seller.
3. Access to the user account is secured by a user name and password. The Buyer is obliged to keep confidentiality regarding the information that is necessary for the access to his/her user account.
4. The Buyer is not entitled to allow a third party to use his/her user account.
5. The Seller may cancel a user’s account, mainly in a case whereby the Buyer hasn’t used the account for more than 365 days or in a case whereby the Buyer breaches his/her obligations arising from the Purchase Agreement (including the Business Terms).
6. The Buyer acknowledges that the user account does not have to be continuously available, mainly with respect to the necessary maintenance of the Seller´s hardware and software equipment, eventually necessary maintenance of a third party´s hardware and software equipment.
● CONCLUSION OF A PURCHASE AGREEMENT
1. All the presentations of goods located in the store web interface are of an informative nature and the Seller is not obliged to conclude any Purchase Agreement on such goods. Section 1732(2) of the Civil Code shall not be applied.
2. The store web interface contains information on goods, including the prices of individual goods and costs for returning goods if the goods cannot be returned naturally by standard postal method. The prices are stated including the Value added tax and all the related costs. The prices shall remain valid for the period for which they are displayed on the store web interface. This provision does not limit the possibility for the Seller to conclude the Purchase Agreement under individually agreed terms.
3. The store web interface also contains information on costs related to packaging and delivery of goods. The information on costs related to packaging and delivery of goods stated in the store web interface, is only valid if goods are delivered within the Czech Republic.
4. To order goods the Buyer must fill in an order form in the store web interface. The order form mainly contains information on:
1. Ordered goods (the Buyer must put the ordered goods in an electronic shopping cart in the store web interface),
2. Payment method of the purchase price, data regarding the required delivery method; and
3. Information on the costs related to the delivery of goods (hereinafter collectively referred to as the “order”).
5. Before sending the order to the Seller, the Buyer is able to check and change the data entered in the order, even with regard to the Buyer´s ability to find and correct mistakes which occurred when entering the data in the order. The Buyer should send the order to the Seller by clicking on the “ORDER CONFIRMATION” button. The Seller considers the data entered in the order to be accurate. The Seller shall confirm acceptance of the order immediately after receipt via electronic mail to the Buyer´s electronic address stated in the user account or in the order (hereinafter referred to as the “Buyer´s electronic address”).
6. The Seller is always entitled to ask the Buyer for an additional order confirmation (e.g. in writing or by phone) depending on the nature of an order (quantity of goods, purchase price amount and assumed transport costs).
7. The contractual relationship between the Seller and the Buyer is established when acceptance of the order is delivered to the Buyer´s electronic address.
8. The Buyer agrees with the use of remote communication means when concluding the Purchase Agreement. The costs incurred to the Buyer in connection with the use of remote communication means in order to conclude the Purchase Agreement (costs for Internet connection, phone calls) shall be paid by the Buyer where these costs do not differ from the standard rate.
● PRICE OF GOODS AND PAYMENT TERMS
● The Buyer may pay the price of goods and any possible costs related to the delivery of goods in accordance with the Purchase Agreement in the following ways:
● In cash at the Seller´s business premises at the following address: FLAJZAR, s.r.o. Svatoplukova 1199 698 01, Veselí nad Moravou, Czechia;
● Cash on delivery at a location stated in the order by the Buyer;
● Via a credit transfer to the Seller´s account No. 2109818382 / 2700, kept by the UniCredit Bank Czech Republic, for payments made within the Czech Republic (hereinafter referred to as the “Seller´s account”);
● With a payment card;
1. The Buyer is obliged to pay the purchase price and the costs related to packaging and delivery of goods in the agreed amount. If not stated otherwise, the purchase price also includes the costs related to the delivery of goods.
2. The Seller does not require any advance or similar payment from the Buyer. This does not affect the provisions of Article 4.6 hereof concerning the obligation to pay the purchase price in advance.
3. In the case of a cash payment or cash on delivery the purchase price is payable when the Buyer receives the goods. In the case of a credit transfer the purchase price is due within 10 days after the Purchase Agreement is concluded.
4. In the case of a credit transfer the Buyer is obliged to pay the purchase price and state a variable symbol. In the case of a credit transfer the Buyer´s obligation to pay the purchase price is met when the relevant amount is credited to the Seller´s account.
5. The Seller is entitled to ask for payment of the entire purchase price before the goods are sent to the Buyer, especially in the event that the Buyer does not subsequently confirm the order (Article 3.6). The provision of Section 2119 para. (1) of the Civil Code shall not be applied.
6. The eventual discounts from the price, provided by the Seller, may not be combined.
7. If it is usual in the course of business or if stipulated by the applicable legislation, the Seller shall issue a tax document – invoice – for the payment made based on the Purchase Agreement. The Seller is a value added tax payer. The tax document – invoice – shall be issued by the Seller to the Buyer after the price is paid and shall be sent in electronic form to the Buyer´s email address or in paper form to the Buyer´s postal address.
● WITHDRAWAL FROM A PURCHASE AGREEMENT
1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code it is not possible to withdraw from the Purchase Agreement on the supply of goods that were adjusted according to the Buyer´s wish or for the Buyer, on the supply of perishable goods or goods that were irretrievably mixed with other goods after being delivered. It is not possible to withdraw from the Purchase Agreement on the supply of goods in closed packaging which the consumer removed from the packaging, and it is not possible to return the goods for reasons of hygiene. It is not possible to withdraw from the Purchase Agreement for the supply of an audio or visual recording or computer program if the original packaging has been disturbed.
2. If it is not a case set forth in Article 5.1 hereof or another case when it is not possible to withdraw from the Purchase Agreement, the Buyer is entitled to withdraw from the Purchase Agreement within fourteen (14) days after the Buyer received the goods, in accordance with Section 1829(1) of the Civil Code, whereby the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period shall start on the day when the last supply is received by the Buyer. Notification of the withdrawal shall be sent to the Seller within the period stipulated in the previous sentence. To withdraw from the Purchase Agreement, the Buyer may use a sample form provided by the Seller and forming an Annex hereto. The Buyer may also send the withdrawal to the Seller´s business premises address or to the following electronic address: Flajzar@flajzar.cz.
3. In the case of a withdrawal from the Purchase Agreement pursuant to Article 5.2 hereof, the Purchase Agreement shall be cancelled ex tunc. The goods shall be returned to the Seller within fourteen (14) days after withdrawal. If the Buyer withdraws from the Purchase Agreement, they shall bear the costs related to returning the goods to the Seller, even in a case where the goods cannot be returned by a standard postal method due to their nature.
4. In the case of a withdrawal from the Purchase Agreement pursuant to Article 5.2 hereof, the Seller shall refund the financial means received from the Buyer to the Buyer within fourteen (14) days after the withdrawal in the same manner as the Seller received them from the Buyer. The Seller is also entitled to refund the settlement provided by the Buyer upon returning the goods or in another manner if the Buyer agrees with it and no additional costs will be incurred to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the received financial means before the Buyer returns the goods or proves that the goods have already been sent to the Seller.
5. The Seller is entitled to unilaterally set off the claim on damage compensation on the goods against the Buyer´s claim on the refund of the purchase price.
6. In the case that the Buyer is entitled to withdraw from the Purchase Agreement in accordance with Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement anytime until the goods are received by the Buyer. In such case that the Seller shall refund the purchase price to the Buyer without undue delay via a credit transfer to the account determined by the Buyer.
7. If a gift is provided to the Buyer together with the goods, the Donation Agreement between the Seller and the Buyer is concluded with a condition subsequently stating that if the Buyer withdraws from the Purchase Agreement, the Donation Agreement on such gift becomes ineffective and the Buyer is obliged to return the goods and the provided gift to the Seller.
● TRANSPORT AND DELIVERY OF GOODS
1. In the case that the transport method is agreed based on a special requirement on the Buyer´s side, the Buyer then bears the risk and any possible additional costs related to such methods of transport.
2. If the Seller is obliged to deliver the goods to a place determined by the Buyer in accordance with the Purchase Agreement, the Buyer is obliged to take-over the goods upon delivery.
3. In case it is necessary to repeatedly deliver the goods or in a manner other than the one specified in the order, then the Buyer is obliged to pay the costs related to the repeated delivery, respectively the costs related to a different delivery method.
4. When taking-over the goods from the carrier, the Buyer is obliged to inspect the integrity of packaging and in the case of any defects they should inform the carrier without undue delay. In the case of damaged packaging, which shows evidence of unauthorised entry into the consignment, the Buyer is not obliged to take-over the consignment from the carrier.
5. Other rights and obligations of the Parties, related to the transport of goods, may be regulated by special delivery terms and conditions of the Seller if they are issued.
● RIGHTS FROM DEFECTIVE PERFORMANCE
1. The rights and obligations of the Parties concerning the rights from defective performance shall be governed by the applicable legislation (mainly by Section 1914 to 1925, Section 2099 to 2117, and Section 2161 to 2174, Civil Code) any by Act No. 634/1992 Coll., on Consumer Protection, subsequently amended.
2. The Seller has a responsibility to the Buyer in regard that goods do not have defects when being taken-over. The Seller is particularly responsible regarding the time when the Buyer takes-over the goods:
1. The goods have such parameters that were agreed by the Parties; if the parameters are not agreed on, the goods shall have such parameters that the Seller or the producer described or that the Buyer expected with respect to the nature of goods and based on the advertisement made by the Seller or by the manufacturer;
2. The goods are appropriate for the purpose determined by the Seller or for which the goods of such type are usually used;
3. The goods have the same quality or design as the agreed sample or template if the quality or design was determined according to the agreed sample or template;
4. The goods are supplied in the corresponding quantity, with the right dimensions or weight; and
5. The goods meet the requirements of legal regulations.
3. The provisions set forth in Article 7.2 hereof shall not be applied to goods that are sold for a lower price due to a defect for which the lower price was agreed, to worn goods if their wear and tear was caused by normal use, to a defect corresponding to the level of wear and tear that the goods had when being taken-over by the Buyer in the case of used goods, or if implied from the nature of goods.
4. If the defect shows itself within six months after receipt of the goods, it shall be deemed that the goods were already defective upon receipt. The Buyer is entitled to exercise a right to a defect that occurs on consumer goods within twenty-four months after receipt.
5. The Buyer can exercise their rights from defective performance at the Seller´s business premises address where it is possible to accept the claim with respect to the assortment of goods sold and also eventually at the Seller´s registered office or place of business.
6. The Parties other rights and obligations, related to the Seller´s defect liability, may be regulated by the Seller´s Warranty Claim Code.
● OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1. The Buyer acquires ownership of the goods upon payment of the entire purchase price for the goods.
2. The Seller is not bound by any codes of conduct in relation to the Buyer, in terms of Section 1826 para.(1) point (e) of the Civil Code.
3. The Czech Trade Inspection Authority, with the registered office at Štěpánská 567/15, 120 00 Prague 2, Company Identification No.: 000 20 869, website: http://www.coi.cz, is appropriate for the extrajudicial resolution of consumer disputes arising from the Purchase Agreement.
4. The Seller is entitled to sell goods based on a trade licence. The relevant Trade Licencing Office performs the trade inspection in terms of its competence. The Office for Personal Data Protection supervises the protection of personal data. The Czech Trade Inspection Authority supervises among others the observance of Act No. 634/1992 Coll. on Consumer Protection, subsequently amended, within the limited scope.
5. Herewith, the Buyer takes-on the risk of changing the circumstance in terms of Section 1765 para. (2) of the Civil Code.
● PERSONAL DATA PROTECTION
1. Protection of the Buyer´s personal data, who is a natural person, is provided by Act No. 101/2000 Coll., on Personal Data Protection, subsequently amended.
2. The Buyer agrees with the processing of the following personal data: name and surname, residence, Company Identification No., Tax Identification No., email address, phone No., and bank connection (hereinafter referred to as “personal data”).
3. The Buyer agrees with the processing of the personal data by the Seller in order to realise the rights and obligations arising from the Purchase Agreement and keeping the user account. If the Buyer does not choose another option, he/she also agrees with the processing of personal data by the Seller for the purpose of sending information and business messages to the Buyer. The consent with the processing of personal data in its entirety pursuant to this Article is not a condition that in itself would make it impossible to conclude the Purchase Agreement.
4. The Buyer acknowledges their obligation to state the personal data (in case of registration, in his/her user account, when ordering goods from the store web interface) correctly and accurately and also the obligation to notify the Seller of any changes regarding his/her personal data without undue delay.
5. The Seller may entrust a third party, as a processer, with the processing of the Buyer´s personal data. Except for persons transporting the goods, the personal data shall not be provided by the Seller to any third party without prior consent from the Buyer.
6. The personal data shall be processed for an indefinite period. The personal data shall be processed in electronic form and also in an automated manner or in paper form and unautomated manner.
7. The Buyer confirms that the provided personal data is accurate and he/she was advised that this is voluntary provision of personal data.
8. In case the Buyer assumes that the Seller or the processer (cf. Article 9.5) processes the personal data in conflict with the protection of personal and private life of the Buyer or in conflict with law, mainly if the personal data is inaccurate with respect to the purpose of its processing, the Buyer may:
1. Ask the Seller or the processer for an explanation,
2. Ask the Seller or the processer to correct the situation.
9. If the Buyer asks for information on the processing of his/her personal data, the Seller is obliged to provide the Buyer with such information. The Seller is entitled to require a reasonable remuneration for the provision of information according to the previous sentence; the remuneration shall not exceed the necessary costs for the provision of information.
● SENDING BUSINESS MESSAGES AND SAVING OF COOKIES
1. The Buyer agrees with sending information related to the goods, services or company of the Seller to the Buyer´s email address, and with sending business messages by the Seller to the Buyer´s email address.
2. The Buyer agrees with saving so-called Cookies in his/her computer. In case the purchase on the website may be made and the Seller´s obligations arising from the Purchase Agreement may be met without saving the Cookies in the Buyer´s computer, the Buyer may revoke his/her consent anytime according to the previous sentence.
1. Any documents for the Buyer may be delivered to the Buyer´s email address.
● FINAL PROVISIONS
1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the Parties agree to follow Czech law. This does not affect the consumer rights arising from the applicable legislation.
2. If any provision hereof is invalid or ineffective, it shall be replaced by a provision which meaning is most similar to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
3. The Purchase Agreement including the Business Terms shall be archived by the Seller in electronic form and shall be unavailable.
4. The Annex hereto is a sample form for the withdrawal from the Purchase Agreement.
5. The Seller´s contact data: postal address: FLAJZAR, s.r.o., Svatoplukova 1199 698 01, Veselí nad Moravou, Czechia, email address email@example.com, phone +420 511 191 202.
In Veselí nad Moravou, Czechia, on the 3rd of January 2017