TERMS AND CONDITIONS of the company Sklep pod farou s.r.o. with its registered office at Ivaň 333; 69123, identification number: 05710502, represented by Ing. Hynek Holánek, Ivaň 234, 691 23, for the sale of goods through the online shop located at the internet address www.holanek.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter the "terms and conditions") of the company Sklep pod farou s.r.o., with its registered office at Ivaň 333, identification number: 05710502 (hereinafter the "seller") govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter the "purchase contract") concluded between the seller and another natural person (hereinafter the "buyer") through the seller's online shop. The online shop is operated by the seller on a website located at the internet address www.holanek.com (hereinafter the "website"), namely through the interface of the website (hereinafter the "web interface of the shop").
1.2. The terms and conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or in the course of their independent exercise of a profession when ordering goods.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of effectiveness of the previous wording of the terms and conditions.
2. USER ACCOUNT
2.1. On the basis of the buyer's registration carried out on the website, the buyer may access their user interface. From their user interface, the buyer may order goods (hereinafter the "user account"). Where the web interface of the shop allows it, the buyer may also order goods without registration directly from the web interface of the shop.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account upon any change thereof. 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 a password. The buyer is obliged to maintain confidentiality regarding the information necessary to access their user account.
2.4. The buyer is not entitled to allow third parties to use the user account.
2.5. The seller may cancel the user account, in particular where the buyer has not used their user account for more than 3 years, or where the buyer breaches their obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the seller's hardware and software equipment, or the necessary maintenance of third parties' hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the shop is of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732(2) of the Civil Code do not apply.
3.2. The web interface of the shop contains information about the goods, including the prices of individual goods and the costs of returning the goods, where such goods cannot, by their nature, be returned by the usual postal route. The prices of the goods are stated including value added tax and all related fees. The prices of the goods remain valid for the period during which they are displayed in the web interface of the shop. This provision does not limit the seller's possibility to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods stated in the web interface of the shop applies 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 shop. The order form contains in particular information about:
3.4.1. the goods ordered (the buyer "places" the goods ordered into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of the goods ordered, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter jointly the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data which the buyer has entered into the order, including with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking the "Order" button. The data stated in the order are considered correct by the seller. The seller shall, immediately upon receipt of the order, confirm this receipt to the buyer by electronic mail, namely to the buyer's electronic mail address stated in the user account or in the order (hereinafter the "buyer's electronic address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, anticipated shipping costs), to ask the buyer for additional confirmation of the order (for example in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail, namely to the buyer's electronic mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using 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, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways: in cash on delivery at the place specified by the buyer in the order; by cashless transfer to the seller's account No. 2802178053/2010, held with Fio banka, a.s. (hereinafter the "seller's account");
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price hereinafter also includes the costs associated with the delivery of the goods.
4.3. The seller does not require any deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The seller is entitled, in particular where the buyer fails to provide additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before the goods are dispatched to the buyer. The provisions of Section 2119(1) of the Civil Code do not apply.
4.7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined with one another.
4.8. Where it is customary in business dealings or where so stipulated by generally binding legal regulations, the seller shall issue to the buyer a tax document – invoice – regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and shall send it in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been adjusted according to the buyer's wishes or for the buyer's person, from a purchase contract for the supply of goods that are perishable, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging that the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if the consumer has breached its original packaging.
5.2. Where the case referred to in Article 5.1 of the terms and conditions or another case in which it is not possible to withdraw from the purchase contract does not apply, the buyer has the right, in accordance with the provisions of Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, whereby in the event that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the period stated in the preceding sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract, among other places, to the address of the seller's business premises or to the seller's electronic mail address fara@holanek.com.
5.3. In the case of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by the usual postal route due to their nature.
5.4. In the case of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another manner, provided that the buyer agrees and no additional costs are incurred by 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 to the seller or proves that the goods have been dispatched to the seller.
5.5. The seller is entitled to unilaterally set off its claim for compensation for damage caused to the goods against the buyer's claim for the return of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the buyer takes receipt of the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, namely by cashless transfer to an account designated by the buyer.
5.7. Where a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded subject to the resolutory condition that, if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed on the basis of a special request by the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. Where the seller is obliged under the purchase contract to deliver the goods to a place specified by the buyer in the order, the buyer is obliged to take receipt of the goods upon delivery.
6.3. In the event that, 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 obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the other method of delivery.
6.4. 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, to notify the carrier of this immediately. In the event of finding a breach of the packaging indicating unauthorized entry into the consignment, the buyer need not take receipt of the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the seller's special delivery terms, if issued by the seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller is 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 receipt of the goods:
7.2.1. the goods have the properties agreed by the parties and, in the absence of an agreement, have such properties as the seller or the manufacturer described or as the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
7.2.4. the goods are in the corresponding quantity, measure, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price in respect of a defect for which the lower price was agreed, to wear of the goods caused by their usual use, to used goods in respect of a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective already upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. The buyer exercises rights arising from defective performance with the seller at the address of its business premises where the acceptance of the complaint is possible with regard to the range of goods sold, or also at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be governed by the seller's complaints procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of the provisions of Section 1826(1)(e) of the Civil Code.
8.3. The seller handles consumer complaints through the electronic address fara@holanek.com. The seller shall send information about the handling of the buyer's complaint to the buyer's electronic address.
8.4. The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Praha 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase contract.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz, is a 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).
8.6. The seller is authorized to sell goods on the basis of a trade licence. Trade licensing inspection is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection (Úřad pro ochranu osobních údajů). The Czech Trade Inspection Authority (Česká obchodní inspekce) exercises, within a defined scope, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller fulfils its information obligation towards the buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the "GDPR Regulation"), relating to the processing of the buyer's personal data for the purposes of performing the purchase contract, for the purposes of negotiating this contract, and for the purposes of fulfilling the seller's public-law obligations, by means of a separate document.
10. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer's electronic address and further agrees to the sending of commercial communications by the seller to the buyer's electronic address. The seller fulfils its information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of the buyer's personal data for the purposes of sending commercial communications by means of a separate document.
10.2. The buyer agrees to the storage of so-called cookies on their computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract performed without so-called cookies being stored on the buyer's computer, the buyer may revoke the consent under the preceding sentence at any time.
11. DELIVERY
11.1. The buyer may be served at the buyer's electronic address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By the choice of law under the preceding sentence, the buyer who is a consumer is not deprived of the protection afforded to them by the provisions of the legal order from which it is not possible to deviate by agreement and which, in the absence of a choice of law, would otherwise apply pursuant to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. An annex to the terms and conditions is the sample form for withdrawal from the purchase contract.
12.5. The seller's contact details: address for service Sklep pod farou s.r.o., address Ivaň 333; 69123, represented by Ing. Hynek Holánek, hynek@holanek.com, telephone 602732246.
In Ivaň on 27 April 2020