General Terms and Conditions
I.
Basic provisions
1. These General Terms and Conditions of Business (hereinafter referred to as
"Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act
No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")
Mezinárodní překladatelský servis s.r.o.
ID: 26497549
VAT:CZ26497549
registered office: Semilská 103/16, Prague 9, 197 00
registered at the Municipal Court in Prague, Section C, Insert 85918
contact details:
E-mail: info@pytlikovna.cz
phone: 222 327 626
Website: pytlikovna.cz
(hereinafter referred to as the "Seller")
2. These Terms and Conditions govern the mutual rights and obligations of the
Seller and the natural person who concludes a purchase contract outside
his/her business activity as a consumer or within his/her business activity
(hereinafter referred to as: "Buyer") through the web interface located on the
website available at vyrobenovcesku.eu (hereinafter referred to as: "online
store").
3. The provisions of the terms and conditions are an integral part of the purchase
contract. Any deviating provisions in the Purchase Contract shall prevail over
the provisions of these Terms and Conditions.
4. These Terms and Conditions and the Purchase Contract are concluded in the
Czech language.
II.
Information about goods and prices
1. Information about the goods, including the prices of the individual goods and
their main features, is given for each item in the catalogue of the online store.
The prices of the goods are inclusive of value added tax, all related charges
.
and the cost of returning the goods if they cannot, by their nature, be returned
by normal postal means. The prices of the goods remain valid for the period of
time they are displayed in the online shop. This provision does not preclude
the negotiation of a purchase contract on individually agreed terms.
2. All offers of goods on the Seller's online shop are non-binding and the Seller is
not obliged to conclude a purchase contract regarding the presented goods.
The presentation of goods in the Seller's online shop does not constitute an
offer to conclude a purchase contract or a proposal to deliver goods within the
meaning of Section 1732 of the Civil Code.
3. Information on the costs associated with packaging and delivery is published
in the online shop. The information on the costs associated with the packaging
and delivery of goods listed in the online shop is valid only in cases where the
goods are delivered within the Czech Republic.
4. Any discounts on the purchase price of the goods cannot be combined with
each other unless the seller and the buyer agree otherwise.
III.
Order and conclusion of the purchase contract
1. Costs incurred by the buyer when using remote means of 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.
2. The buyer places an order for goods in the following ways
through his customer account if he has previously registered in the online
shop,
by filling in the order form without registration.
3. When placing an order, the buyer selects the goods, the number of items, the
method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data
he has entered in the order. The Buyer sends the order to the Seller by
clicking on the "Send Order" button. The information provided in the order is
considered correct by the Seller. The validity of the order is subject to the
completion of all mandatory data in the order form and the Buyer's
confirmation that he has read these terms and conditions.
5. The purchase contract between the seller and the buyer is concluded by
delivery of information about the acceptance of the order by the seller to the
buyer. The Seller confirms the acceptance of the Buyer's order by sending the
Buyer a document called "Confirmation of Shipment" by e-mail to the e-mail
address specified in the personal account or in the order.
6. The Buyer acknowledges that the availability of the goods presented in the
Seller's online store is subject to stock and the Seller does not guarantee the
availability of the goods. In the event that the Buyer orders goods that are not
available from the Seller, the Seller will send the Buyer an e-mail message
about the unavailability of the goods. By sending the e-mail message to the
Buyer according to the previous sentence, the order is no longer binding to the
extent of the unavailable goods; the other parts of the order remain
unaffected. All orders received by the Seller are binding. The Buyer may
cancel the order until the Buyer has received notification of acceptance of the
order by the Seller. The Buyer may cancel an order by telephone at the
telephone number or email of the Seller set out in these Terms and
Conditions.
7. If there is an obvious technical error on the part of the Seller when indicating
the price of the goods in the online store or during the ordering process, the
Seller is not obliged to deliver the goods to the Buyer for this obviously
erroneous price. The Seller informs the Buyer of the error without undue delay
and sends the Buyer an amended offer to his e-mail address. The amended
offer shall be deemed to be a new proposal of the purchase contract and the
purchase contract shall be concluded in such case by confirmation of receipt
by the Buyer to the Seller's e-mail address.
IV.
Customer account
1. Based on the buyer's registration made in the online shop, the buyer can
access his customer account. From his/her customer account, the buyer can
order goods. The Buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer
is obliged to provide correct and truthful information. The buyer is obliged to
update the information provided in the user account in case of any change.
The information provided by the Buyer in the customer account and when
ordering goods is considered correct by the Seller.
3. Access to the customer account is secured with a username and password.
The buyer is obliged to maintain confidentiality regarding the information
necessary to access his customer account. The Seller is not responsible for
any misuse of the customer account by third parties.
4. The buyer is not entitled to allow third parties to use the customer account.
5. The Seller may cancel the user account, especially if the Buyer no longer uses
his/her user account or if the Buyer violates his/her obligations under the
Purchase Agreement or these Terms and Conditions.
6. The Buyer acknowledges that the user account may not be available
continuously, especially with regard to the necessary maintenance of the
Seller's hardware and software equipment, or the necessary maintenance of
hardware and software equipment of third parties.
V.
Payment terms and delivery of goods
1. The buyer may pay the price of the goods and any costs associated with the
delivery of the goods under the purchase contract in the following ways:
by wire transfer to the seller's bank account No. 17459686 0/0300, maintained
at ČSOB, a.s.
cashless by credit card,
by wire transfer to the seller's account via the payment gateway Gopay,
cash on delivery,
in cash or by credit card upon personal collection in the parcel office.
2. Together with the purchase price, the buyer is obliged to pay the seller the
costs associated with the delivery of the goods in the agreed amount. Unless
expressly stated otherwise below, the purchase price shall also include the
costs associated with the delivery of the goods.
3. In case of cash payment, the purchase price is payable upon receipt of the
goods. In the case of non-cash payment, the purchase price is due within
seven days of the conclusion of the purchase contract.
4. In the case of payment through a payment gateway, the buyer shall follow the
instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase
price is fulfilled at the moment of crediting the relevant amount to the seller's
bank account.
6. The Seller does not require any deposit or other similar payment from the
Buyer in advance. Payment of the purchase price before shipment of the
goods is not a deposit.
7. According to the Sales Records Act, the seller is obliged to issue a receipt to
the buyer. At the same time, he is obliged to register the received sales with
the tax administrator online, in case of a technical failure within 48 hours at the
latest. The buyer agrees to issue the receipt in electronic form.
8. The goods are delivered to the buyer:
to the address specified by the buyer in the order
via the dispatch office to the address of the dispatch office designated by the
buyer,
9. The choice of delivery method is made during the ordering process.
10. The cost of delivery of the goods depending on the method of shipment and
receipt of the goods is specified in the buyer's order and in the confirmation of
the order by the seller. In the event that the method of delivery is agreed upon
at the Buyer's specific request, the Buyer shall bear the risk and any additional
costs associated with this method of delivery.
11. If the Seller is obliged under the Purchase Contract to deliver the goods to the
place specified by the Buyer in the order, the Buyer is obliged to take delivery
of the goods upon delivery. In the event that for reasons on the part of the
Buyer it is necessary to deliver the goods repeatedly or in a different way than
specified in the order, the Buyer is obliged to pay the costs associated with the
repeated delivery of the goods, or the costs associated with a different method
of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the
integrity of the packaging of the goods and in the event of any defects
immediately notify the carrier. In the event of a breach of packaging indicating
unauthorized intrusion into the shipment, the buyer may not accept the
shipment from the carrier.
13. The Seller shall issue a tax document - invoice to the Buyer. The tax
document is sent to the buyer's e-mail address.
14. The buyer acquires ownership of the goods by paying the full purchase price
for the goods including delivery costs, but not before taking delivery of the
goods.
15. Liability for accidental destruction, damage or loss of the goods passes to the
buyer at the moment of acceptance of the goods or at the moment when the
buyer was obliged to accept the goods but failed to do so in violation of the
purchase contract.
VI.
Withdrawal from the contract
1. A buyer who has entered into a purchase contract outside of his/her business
activity as a consumer has the right to withdraw from the purchase contract (or
part of it relating to part of the goods) without giving any reason.
2. The withdrawal period is 14 days
from the date of receipt of the goods,
from the date of acceptance of the last delivery of the goods if the subject of
the contract is several types of goods or the delivery of several parts,
from the date of acceptance of the first delivery of goods, if the subject of the
contract is a regular recurring delivery of goods.
3. The buyer cannot, among other things, withdraw from the purchase contract
the provision of services, if they have been performed with the prior express
consent of the buyer before the expiry of the withdrawal period and the seller
has informed the buyer before the conclusion of the contract that in such a
case he has no right to withdraw from the contract,
the supply of goods or services whose price depends on financial market
fluctuations independent of the seller's will and which may occur during the
withdrawal period,
for the delivery of alcoholic beverages that can only be delivered after thirty
days and whose price depends on financial market fluctuations independent of
the seller's will,
for the delivery of goods that have been modified according to the wishes of
the buyer or for his person,
the delivery of perishable goods and goods which have been irretrievably
mixed with other goods after delivery,
delivery of goods in closed packaging, which the buyer has removed from the
packaging and cannot be returned for hygienic reasons,
the delivery of an audio or visual recording or computer program if it has
damaged its original packaging,
delivery of newspapers, periodicals or magazines,
the delivery of digital content, unless it was delivered on a tangible medium
and was delivered with the prior express consent of the buyer before the
expiry of the withdrawal period and the seller has informed the buyer prior to
the conclusion of the contract that in such a case he has no right to withdraw
from the contract,
in other cases specified in § 1837 of the Civil Code.
4. In order to meet the withdrawal deadline, the buyer must send a withdrawal
statement within the withdrawal period.
5. To withdraw from the purchase contract, the buyer can use the sample
withdrawal form provided by the seller. The Buyer shall send the withdrawal
from the Purchase Contract to the email or delivery address of the Seller
specified in these Terms and Conditions. The Seller shall promptly
acknowledge receipt of the form to the Buyer.
6. The buyer who has withdrawn from the contract is obliged to return the goods
to the seller within 14 days of withdrawal from the contract. The Buyer shall
bear the costs of returning the goods to the Seller, even if the goods cannot be
returned by normal postal means due to their nature.
7. If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer
immediately, but no later than within 14 days of withdrawal, all monies,
including delivery costs, received from the Buyer in the same manner. The
seller shall only return the funds received to the buyer in another way if the
buyer agrees to this and if no additional costs are incurred.
8. If the Buyer has chosen a delivery method other than the cheapest delivery
method offered by the Seller, the Seller shall refund the Buyer the cost of
delivery of the goods in the amount corresponding to the cheapest delivery
method offered.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to
return the received funds to the buyer before the buyer delivers the goods to
him or proves that he has sent the goods to the seller.
10. The Buyer must return the goods to the Seller undamaged, unworn and
unpolluted and, if possible, in their original packaging. The Seller is entitled to
unilaterally offset the claim for compensation for damage to the goods against
the Buyer's claim for reimbursement of the purchase price.
11. The Seller is entitled to withdraw from the Purchase Contract due to the sale
of stock, unavailability of the goods, or when the manufacturer, importer or
supplier of the goods has discontinued production or import of the goods. The
Seller shall promptly inform the Buyer via the e-mail address specified in the
order and return all monies, including delivery costs, received from the Buyer
under the contract within 14 days of notification of withdrawal from the
contract, in the same manner or in the manner specified by the Buyer.
VII.
Rights from defective performance
1. The Seller shall be liable to the Buyer that the goods are free from defects
upon receipt. In particular, the seller is liable to the buyer that at the time the
buyer took delivery of the goods
the goods have the characteristics agreed between the parties and, in the
absence of agreement, have the characteristics described by the seller or
manufacturer or expected by the buyer in view of the nature of the goods and
on the basis of the advertising carried out by them,
the goods are fit for the purpose stated by the seller for their use or for which
goods of that kind are usually used,
the goods correspond in quality or workmanship to the agreed sample or
specimen, if the quality or workmanship was determined according to the
agreed sample or specimen,
the goods are in the appropriate quantity, measure or weight; and
the goods meet the requirements of the legislation.
2. The seller has obligations from defective performance at least to the extent
that the manufacturer's obligations from defective performance continue. The
buyer is otherwise entitled to exercise the right to claim for defects that occur
in consumer goods within twenty-four months of receipt. That period shall
apply unless the purchaser is also a businessman and it is clear from the
circumstances at the time of conclusion of the contract that the purchase also
concerns his business.
3. If the goods sold, their packaging, the instructions accompanying the goods or
the advertisement state the period of time for which the goods may be used in
accordance with other legislation, the provisions on the guarantee of quality
shall apply. By guaranteeing the quality, the seller undertakes that the goods
will be fit for their usual purpose or retain their usual characteristics for a
certain period of time. If the buyer has rightly accused the seller of a defect in
the goods, the time limit for exercising rights under the defective performance
and the warranty period shall not run for the period during which the buyer
cannot use the defective goods.
4. The provisions referred to in the preceding paragraph of the terms and
conditions shall not apply to goods sold at a lower price to the defect for which
the lower price was agreed, to the wear and tear of the goods caused by their
normal use, in the case of second-hand goods to the defect corresponding to
the degree of use or wear and tear that the goods had when taken over by the
buyer, or if this results from the nature of the goods. The buyer is not entitled
to the right of defective performance if he knew before taking over the goods
that they were defective or if the buyer himself caused the defect.
5. In the event of a defect, the buyer may submit a claim to the seller and
demand
exchange for new goods,
repair of goods,
a reasonable discount on the purchase price,
withdrawal from the contract.
6. The buyer has the right to withdraw from the contract,
if the goods have a material defect,
if he cannot use the item properly due to the recurrence of the defect or
defects after repair,
in the event of a large number of defects in the goods.
7. A material breach of contract is one which the party breaching the contract
already knew or must have known at the time of entering into the contract that
the other party would not have entered into the contract if it had foreseen the
breach.
8. In the case of a defect that constitutes an insignificant breach of contract
(regardless of whether the defect is removable or irremovable), the buyer is
entitled to have the defect removed or a reasonable discount on the purchase
price.
9. If a repairable defect has occurred repeatedly after repair (usually the third
claim for the same defect or the fourth for different defects) or the goods have
a greater number of defects (usually at least three defects at the same time),
the buyer has the right to claim a discount on the purchase price, exchange
the goods or withdraw from the contract.
10. When making a claim, the buyer is obliged to tell the seller what right he has
chosen. A change of choice without the seller's consent is only possible if the
buyer has requested the repair of a defect that proves to be irremediable. If
the buyer does not choose his right from a material breach of contract in time,
he has the same rights as in the case of a non-material breach of contract.
11. If repair or replacement of the goods is not possible, the buyer may demand a
full refund of the purchase price upon withdrawal from the contract.
12. If the seller proves that the buyer knew about the defect of the goods before
acceptance or caused it himself, the seller is not obliged to satisfy the buyer's
claim.
13. The buyer cannot claim discounted goods for the reason for which the goods
are discounted.
14. The Seller is obliged to accept the complaint at any establishment where the
complaint can be accepted, or even at the registered office or place of
business. The Seller is obliged to issue the Buyer with a written confirmation of
when the Buyer exercised the right, what is the content of the complaint and
what method of handling the complaint the Buyer requires, as well as
confirmation of the date and method of handling the complaint, including
confirmation of the repair and the duration of the repair, or a written
justification of the rejection of the complaint. The complaint may also be made
at the Seller's contractual partner at a place designated by the Seller for this
purpose, as instructed by the Seller.
15. The Seller or an employee authorised by the Seller shall decide on the
complaint immediately, in complex cases within three working days. This time
limit does not include the time appropriate to the type of product or service
required for a professional assessment of the defect. The complaint, including
the removal of the defect, must be settled without delay, at the latest within 30
days from the date of the complaint, unless the seller and the buyer agree on
a longer period. The expiry of this period in vain shall be considered a material
breach of contract and the buyer shall have the right to withdraw from the
purchase contract. The moment when the Buyer's expression of will (exercise
of the right from defective performance) reaches the Seller shall be considered
as the moment when the claim is made.
16. The Seller shall inform the Buyer in writing of the outcome of the complaint.
17. The right of defective performance does not belong to the buyer if the buyer
knew before taking over the thing that the thing has a defect or if the buyer
himself caused the defect.
18. In the event of a legitimate claim, the buyer is entitled to compensation for
reasonable costs incurred in connection with the claim. The buyer may claim
this right from the seller within one month after the expiry of the warranty
period, otherwise the court may not grant it.
19. The buyer has the choice of how to make a claim.
20. The rights and obligations of the contracting parties with respect to rights
arising from defective performance are governed by Sections 1914 to 1925,
2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll.,
on Consumer Protection.
21. If the buyer is an entrepreneur and it is clear from the circumstances at the
conclusion of the contract that the purchase also concerns his business
activity, the above regulation shall not apply to the extent that it corresponds to
the special provisions for consumer protection and pursuant to Sections 2161
to 2174 of the Civil Code.
VIII.
Delivery
1. The Parties may deliver all written correspondence to each other by electronic
mail.
2. The Buyer shall deliver correspondence to the Seller at the e-mail address
specified in these Terms and Conditions. The Seller shall deliver
correspondence to the Buyer at the email address specified in the Buyer's
customer account or order.
IX.
Personal data
1. All information provided by the Buyer in working with the Seller is confidential
and will be treated as such. Unless the Buyer gives the Seller written
permission, the Seller will not use the Buyer's information other than for the
purpose of performing the contract, except for the email address to which
commercial communications may be sent, as this practice is permitted by law,
unless expressly refused. These communications may only relate to similar or
related goods and may be opted out of at any time by simple means (by
sending a letter, email or by clicking on a link in the commercial
communication). The e-mail address will be kept for this purpose for 3 years
after the last contract between the parties has been concluded.
2. For more detailed information on data protection, please refer to the Privacy
Policy HERE.
IX.
Out-of-court dispute resolution
1. The Czech Trade Inspection Authority (Czech Trade Inspection Authority,
Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, Internet address:
https://adr.coi.cz/cs) is competent for out-of-court settlement of consumer
disputes arising from a purchase contract. The online dispute resolution
platform located at https://ec.europa.eu/consumers/odr can be used to resolve
disputes between the seller and the buyer under the purchase contract.
2. The European Consumer Centre Czech Republic with its registered office at
Štěpánská 567/15, 120 00 Prague 2, internet address:
https://www.evropskyspotrebitel.cz is the contact point under Regulation (EU)
No 524/2013 of the European Parliament and of the Council of 21 May 2013
on online dispute resolution for consumer disputes and amending Regulation
(EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute
resolution for consumer disputes).
3. The Seller is entitled to sell goods on the basis of a trade licence. Trade
control is carried out within the scope of its competence by the competent
trade office. The Czech Trade Inspection Authority carries out, among other
things, supervision of compliance with Act No. 634/1992 Coll., on Consumer
Protection, within a defined scope.
X.
Final provisions
1. All agreements between the seller and the buyer are governed by the law of
the Czech Republic. If the relationship established by the Purchase
Agreement contains an international element, the parties agree that the
relationship shall be governed by the law of the Czech Republic. This is
without prejudice to the consumer's rights under generally binding legislation.
2. The Seller is not bound by any codes of conduct in relation to the Buyer within
the meaning of Section 1826(1)(e) of the Civil Code.
3. All rights to the Seller's website, in particular the copyright to the content,
including page layout, photos, films, graphics, trademarks, logos and other
content and elements, belong to the Seller. It is prohibited to copy, modify or
otherwise use the website or any part thereof without the consent of the Seller.
4. The Seller shall not be liable for errors resulting from third party interference
with the online shop or its use contrary to its intended use. The Buyer must not
use any procedures that could have a negative impact on the operation of the
online shop and must not perform any activity that could allow him or third
parties to interfere with or make unauthorised use of the software or other
components that make up the online shop and use the online shop or its parts
or software in a way that would be contrary to its purpose or intent.
5. The purchaser hereby assumes the risk of a change of circumstances within
the meaning of Section 1765(2) of the Civil Code.
6. The Purchase Contract, including the Terms and Conditions, is archived by
the Seller in electronic form and is not accessible.
7. The Seller may change or supplement the wording of the Terms and
Conditions. This provision does not affect the rights and obligations arising
during the period of validity of the previous version of the Terms and
Conditions.
8. A sample withdrawal form is attached to the Terms and Conditions.
These terms and conditions shall take effect on 1.9.2023