Informative translation of the Business Conditions from the Czech language.
TERMS AND CONDITIONS
of ABASCO NEW s.r.o. with its registered office at Rybná 682/14, 11000 Praha 1, identification number: 29095174, entered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 189475, for the sale of goods through an online store located at ZAVAZADLA.BIZ and DESIGN- E-SHOP.CZ
1 Introductory provisions
1.1 These business conditions (hereinafter referred to as "business conditions") of the company ABASCO NEW sro, with its registered office at Rybná 682/14, 11000 Prague 1, identification number: 29095174, entered in the Commercial Register kept at the Municipal Court in Prague, Section C, Insert 189475 ( hereinafter referred to as the “Seller”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter the “Civil Code”), regulate the mutual rights and obligations of the contracting parties arising in connection or under the purchase contract ( hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the seller's online store. The internet shop is operated by the seller on the website located at the internet addresses ZAVAZADLA.BIZ and DESIGN-E-SHOP.CZ (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4 The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5 The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2 User account
2.1 Based on the registration of the buyer 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 by third parties.
2.5 The seller may cancel the user account, especially if the buyer does not use his user account for more than 3 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 the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
3 Conclusion of the purchase contract
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 paragraph 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: the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the store's web interface), the method of payment of the purchase price, information on the required method of delivery of ordered goods and information on costs associated as an "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 "confirm order" button. The data listed in the order they are deemed correct by the seller. 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").
3.6 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated 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 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.
3.8 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, payment terms, tax document
4.1 The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash or by credit card at the seller's premises at:
ZAVAZADLA shop, Rybná 14, 11000 Prague 1,
ZAVAZADLA shop, Československé armády 17, 16000 Prague 6;
- in cash or by cash on delivery at the place specified by the buyer in the order;
- cashless transfer to the seller's account No. 2600216832/2010 / DO NOT SEND US MONEY BEFORE WE CONFIRM YOU THAT THE GOODS ARE READY! / kept at Fio Banka a.s. (hereinafter referred to as the "Seller's Account");
- cashless payment card or via PayPal account via the interface in the seller's online store.
4.2 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.8 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 working days of concluding the purchase contract.
4.5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8 The Seller is a payer of value added tax. The tax document - the receipt will be received by the buyer together with the goods. Upon request, or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
5 Withdrawal from the purchase contract
5.1 The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the Buyer's wishes or for him, from the purchase contract for the delivery of perishable goods, as well as goods which have been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recording or computer program their original packaging.
5.2 If it is not a case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within 90 (ninety) days of receipt of the goods. that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer in writing, inter alia, to the address of the seller's office, ZAVAZADLA store, Československé armády 17, 16000 Prague 6 or to the seller's e-mail address email@example.com or firstname.lastname@example.org.
5.3 In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4 In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within 14 (fourteen) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. Costs, in the amount paid by the buyer, for the transport of goods to the buyer and for the payment of the price by cash on delivery will not be refunded to the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods.
5.5 The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6 Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price paid to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return it together with the goods to the seller. and the gift provided.
6 Transport and delivery of goods
6.1 If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another 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 case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods may be regulated by special delivery conditions of the seller, if issued by the seller.
7 Rights from Defective Performance
7.1 The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods: the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used, the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the contracted sample or model, the goods in the appropriate quantity, measure or weight and the goods comply with the requirements of the legislation.
7.3 The provisions set out in Article 7.1 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear acceptance by the buyer, or if it follows from the nature of the goods.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.5 The buyer exercises the rights arising from defective performance with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
8 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
9 Other rights and obligations of the contracting parties
9.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2 In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
9.3 The out-of-court settlement of consumer complaints is provided by the seller via the electronic address email@example.com or firstname.lastname@example.org. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
9.4 The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
9.5 The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
10.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
10.2 The Buyer agrees to the processing of the following personal data: name and surname, residential address, e-mail address, telephone number and date of birth (hereinafter collectively referred to as "personal data").
10.3 The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
10.4 The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
10.5 The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
10.6 Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
10.7 The Buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
10.8 In the event that the buyer believes that the seller or processor (Article 10.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data is inaccurate with with regard to the purpose of their processing, it may: ask the seller or processor for an explanation, request that the seller or processor eliminate the situation thus created.
10.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
11 Sending business messages and storing cookies
11.1 The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer. The buyer may revoke the consent under the previous sentence at any time
11.2 The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
12.1 It may be delivered to the Buyer to the e-mail address specified in his user account or specified by the Buyer in the order.
13 Final provisions
13.1 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. This does not affect the consumer's rights arising from generally binding legal regulations.
13.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
13.3 The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
13.4 The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
13.5 Contact details of the seller:
address for delivery ZAVAZADLA, Československé armády 17, 16000 Prague 6,
e-mail address email@example.com or firstname.lastname@example.org
phone +420 730935737.
In Prague on August 7, 2021
Ing. Karel Martinek
Annex to the business conditions of ABASCO NEW s.r.o., with its registered office at Rybná 682/14, 11000 Prague 1, identification number: 29095174 for the sale of goods through an online store located at the Internet addresses WWW.ZAVAZADLA.BIZ and DESIGN-E-SHOP.CZ.
Sample form for withdrawal from the purchase contract
ABASCO NEW s.r.o., with its registered office at Rybná 682/14, 11000 Praha 1, identification number: 29095174
Correspondence address for delivery of this form and address for return of goods:
Československé armády 17
16000 Prague 6
phone +420 730935737
You can also send the form to this e-mail address: email@example.com or firstname.lastname@example.org
I declare that I hereby withdraw from the purchase contract for the purchase of these goods / provision of these services
Date of order :
Sales invocie number:
Order items that are subject to withdrawal from the purchase contract for the purchase of goods:
Name and surname:
Method of returning goods *: in person / by sending
In date signature
* select one option, delete the others