Terms and Conditions
This online store is:
represented by Dana Tomová
with its registered office at K Vltavě 63, 143 00 Prague 4, Czech Republic
Company ID: 10153870 Tax ID: CZ6258170061
for the sale of goods through an online store located at the internet address www.czech-crystal.com
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "business conditions") self-employed Dana Tomová - SKLO PORCELÁN, with its registered office at K Vltavě 647 / 63a, 143 00, Prague 4, identification number: 10153870, entered in the trade register (hereinafter referred to as "seller") in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract between the seller and another natural person (hereinafter referred to as the "buyer") Through the seller's online store. The internet shop of the seller is operated on a website located at the internet address www.czech-crystal.com (hereinafter referred to as the "website"), through the interface of the website www.czech.crystal.com (hereinafter referred to as the "web interface of the shop") .
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
• 3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
• 3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
• 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller.
3.6. Sending the order is considered to be an act of the buyer that unequivocally identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these terms and conditions on the website and confirmation of the buyer that he has read these terms and conditions.
3.7. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.8. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9. The draft purchase contract in the form of an order is valid for fifteen days.
3.10. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.11. In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer's e-mail address stating possible variants of the order and request the buyer's opinion.
3.12. The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.
3.13. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. According to the Purchase Agreement, the price of the goods and potential costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:
in cash at any of the Seller’s business premises listed on the website of the Seller;
in cash on delivery in the place specified by the Buyer in the Order;
via a cashless wire transfer to the Seller’s bank account no., maintained by the Komerční banka, a.s. company or to another bank account of the Seller (hereinafter referred to as the ‘Seller’s bank account’);
via a cashless payment card;
4.2. Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood as also the costs associated with the delivery of the goods.
4.3. The Seller does not ask the Buyer for a deposit or other similar payments. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions on the obligation to pay the purchase price of the goods in advance, nor to the case when the Buyer has chosen a cashless wire transfer to the Seller's bank account or via a payment card as the payment method for the payment of the purchase price.
4.4. In the case of cash payment or cash on delivery, the purchase price is due upon the receipt of the goods. In the case of cashless payment, the purchase price is due within five working days of the conclusion of the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
4.6. The Seller is entitled, in particular, in the event that the Buyer does not provide an additional confirmation of the Order (Article 3.6), to request the payment of the full purchase price before the goods are dispatched to the Buyer. The provision of Section 2119 (1) of the Civil Code shall not apply. Similarly, if the Buyer has opted for a payment method for the payment of the purchase price using cashless wire transfer to the Seller's bank account or via a payment card, the goods shall be dispatched only after the purchase price has been credited to the Seller's bank account.
4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is customary in the course of trade or if stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice, to the Buyer concerning the payments made under 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 payment of the purchase price of the goods and shall be sent in electronic form to the e-mail address of the Buyer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods, which had been adjusted according to the Buyer’s wish or for his/her person.
5.2. If the situation mentioned in Article 5.1. or another situation when it is not possible to withdraw from the Purchase Agreement is not the case, the Buyer, in accordance with the provision of Section 1829 (1) of the Civil Code has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in which case the subject matter of the Purchase Agreement consists of several types of goods and the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the e-mail address: firstname.lastname@example.org
, in the text of which he/she shall state: ‘I declare that I hereby withdraw from the Purchase Agreement of these goods: ….., order number ……….’. The Buyer may also send the withdrawal from the Purchase Agreement by correspondence to the address of the Seller’s business premises or to the e-mail address of the Seller stated in the contact details in Article 12 of the Terms and Conditions (hereinafter referred to as the ‘e-mail address of the Seller’).
5.3. In the case of withdrawal from the Purchase Agreement according to Article 5.2. of the Terms and Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the date of withdrawal from the Purchase Agreement. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned through their normal postal route.
5.4. The provision for the possibility to withdraw from the Purchase Agreement under Article 5.2. of the Terms and Conditions, however, cannot be understood as the possibility of free-of-charge lending of goods. In the event of the use of this right to withdraw from the Purchase Agreement, the Buyer must issue to the Seller everything he/she has acquired under the Purchase Agreement. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the Buyer must provide a cash refund in return for what cannot be issued. If the returned goods are only partially damaged, the Seller may claim damages to the Buyer. Furthermore, the Buyer is liable for the reduction in the value of the goods, which arose from the handling of such goods other than necessary with respect to the nature and characteristics of the goods in order to become familiar with the nature and properties of the goods, including their functionality.
5.5. In the case of withdrawal from the Purchase Agreement according to 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 Agreement, in the same manner as the Seller has received them from the Buyer. If the Buyer indicates his/her bank account details in the withdrawal notice, the Seller shall return the funds to the Buyer to the specified bank account.
The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or otherwise, provided that the Buyer agrees with it and no additional costs to the Buyer shall incur. If the Buyer withdraws from the Purchase Agreement, the Seller is not obligated to return the received funds to the Buyer before the Buyer has returned the goods or shows that the goods had been dispatched to the Seller.
5.6. The Seller is entitled to unilaterally count against the Buyer’s claim for a refund of the purchase price the claim for damages to the goods or other claims against the Buyer, unless the set-off is legally ruled out.
5.7. Until the receipt of the goods by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement for serious operational reasons (e.g. a sudden lack of capacities of the required goods, etc.). In such a case, the Seller shall return the purchase price to the Buyer without undue delay, via a cashless wire transfer to the Buyer’s bank account.
5.8. 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 subsequent that should the Buyer withdraw from the Purchase Agreement in accordance with Article 5.2. of the Terms and Conditions, the donation agreement shall expire and the Buyer is obligated to return the given gift together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obligated to deliver the goods to a place specified by the Buyer in the Order, according to the Purchase Agreement, the Buyer is obligated to take over the goods upon delivery.
6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obligated to pay the costs associated with the repeated delivery of the goods, or the costs associated with another delivery method.
6.4. Upon the takeover of the goods from the carrier, the Buyer is obligated to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier.
7. DEFECTIVE PERFORMANCE RIGHTS
7.1. The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by the relevant generally binding legal regulations, in particular Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., On Consumer Protection.
7.2. Other rights and obligations of the Contracting Parties related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure, which is an integral part of these Terms and Conditions.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods at the moment of receipt of the goods.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
8.3. Amicable settlement of complaints of consumers is provided by the Seller through the e-mail address of the Seller. Information on the execution of complaints shall be sent by the Seller to the Buyer to the e-mail address of the Buyer.
8.4. The Seller is entitled to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
9. PERSONAL DATA PROTECTION
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORING OF COOKIES
10.1. The Buyer agrees to the sending of information related to the Seller’s goods, services, or business to the e-mail address of the Buyer, and also agrees to the sending of commercial communications to the e-mail address of the Buyer.
10.2. The Buyer agrees to the storing of so-called cookies on his/her computer. If it is possible to carry out a purchase on the website and fulfill the Seller’s obligations under the Purchase Agreement without so-called cookies being stored on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
11.1. The delivery to the Buyer may be carried out to the e-mail address of the Buyer, or to the stated postal address.
12. FINAL PROVISIONS
12.1. Relationships not governed by the Terms and Conditions are governed by the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
12.2. If a relationship based on a purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. If you are a consumer, and the provisions of the law of your habitual residence, from which you cannot derogate by law, provide you with a higher level of protection than the Czech legal order, this higher level of protection is provided to you in legal relations.
12.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision shall be introduced instead of the invalid provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. Seller’s contact details:
Adress for delivery: Dana Tomová, K Vltavě 63, 143 00 Prague 4, Czech Republic
E-mail adress: email@example.com
Phone details: +420 721933208
12.6. Every consumer has the right to alternative dispute resolution of consumer disputes from a purchase agreement or a service agreement – ADR (alternative dispute resolution) A complete list of alternative dispute resolution bodies will be led by the Ministry of Industry and Trade: www.mpo.cz/cz/ochrana-spotrebitele/mimosoudni-reseni/. In most cases, the Czech Trade Inspection Authority is the supervisory authority: www.coi.cz.
12.7. These Terms and Conditions become effective from the date of their publication on the website and are applicable in the relevant wording to all orders made on that day and later. The Seller reserves the right to amend and supplement these Terms and Conditions. The new Terms and Conditions shall be published on the website. The date of its publication cancels the validity of the previous Terms and Conditions, but this does not affect the purchase agreements concluded under the current Terms and Conditions.