TERMS AND CONDITIONS
Operator: MgA. Daniela Pešková, with registered office at Skopalíkova 29, 615 00, Brno
Operator's ID: 05383293, non-VAT payer
1. INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the online shop at https://kras.studio, operated by Daniela Pešková (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at htttps://kras.studio (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.2 The Terms and Conditions do not apply where the person intending to purchase the goods from the Seller is a legal person or a person acting in the course of ordering the goods in the course of his business or in the course of his independent exercise of his profession.
1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.
1.4 The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in Czech or English. The contract of sale may be concluded in Czech.
1.5 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.
2. CONCLUSION OF THE PURCHASE CONTRACT
2.1 All presentation of the 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. Section 1732(2) of the Civil Code shall not apply.
2.2 The web interface of the shop contains information about the goods, including the prices of the individual goods and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
2.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of goods. The information on the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the Czech Republic.
2.4 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:
2.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store (Add to Cart),
2.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
2.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
2.5 Prior to sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the order, including 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 "Complete order" button. The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").
2.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (for example, in writing by e-mail or by telephone).
2.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
2.8 The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. The costs incurred by the Buyer in the use of 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 and shall not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT TERMS
3. 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 or by credit card at the SmetanaQ office of the Seller at Smetanovo nábřeží 4, Prague 1, on a date agreed between the Seller and the Buyer by telephone or electronic mail;
- cash on delivery at the place specified by the buyer in the order;
- in cash in advance by transfer to the Seller's account number 290511625/0300, maintained at ČSOB (hereinafter referred to as the "Seller's account").
3.2 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 shall also include the costs associated with the delivery of the goods.
3.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
3.4 In case of payment in cash or cash 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 14 days of the conclusion of the purchase contract.
3.5 In case of non-cash 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 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 account.
3.6 The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 2.6), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
3.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
3.8.If it is customary in commercial relations or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer on the basis of the Purchase Agreement. The Seller is not subject to VAT (value added tax). The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form by e-mail to the Buyer's address.
4. WITHDRAWAL FROM THE PURCHASE CONTRACT
4.1.The Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days of receipt of the goods, and if the subject of the Purchase Contract is several types of goods, 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. For withdrawal from the purchase contract, the buyer may use the sample form provided by the seller, which is an annex to the terms and conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address.
4.2 In the event of withdrawal from the Purchase Contract pursuant to Article 4.1 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the contract, the Buyer shall bear the costs of returning the goods to the Seller.
4.3. In the event of withdrawal from the Purchase Agreement pursuant to Article 4.1 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 Agreement in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon 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 him or proves that he has sent the goods to the seller.
4.4 The Seller is entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.
4.5 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 to the time of acceptance of the goods by the Buyer. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.
4.6 If a gift is provided to the Buyer with the Goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the Goods to the Seller.
5. TRANSPORT AND DELIVERY OF GOODS
5.1 In the event that the method of transport is agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
5.2 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.
5.3. 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 goods, or the costs associated with a different method of delivery.
5.4 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 immediately notify the carrier. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier.
5.5 Other rights and obligations of the parties in the carriage of the goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the applicable 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) and the Consumer Protection Act.
6.2 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 over the goods:
6.2.1. the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the 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,
6.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
6.2.3. the goods correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern,
6.2.4. the goods are in the appropriate quantity, measure or weight; and
6.2.5. the goods comply with the requirements of the legislation.
6.3 The provisions referred to in Article 6.2 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 level of use or wear and tear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
6.4 The consumer is entitled to exercise the right to claim a defect that occurs in consumer goods within the statutory period, i.e. 24 months from receipt. If the period of time for which the item may be used is indicated on the item sold, on its packaging, in the instructions accompanying the item or in accordance with other legal provisions, the statutory provisions on the quality guarantee shall apply. Please remember that the warranty period and the service life of textile products are different concepts, The service life is determined by the manner and intensity of use and may not always be the same as the warranty period. This means that with intensive use, the service life of textile products may be shorter than the warranty period.
6.5 The Buyer may assert the rights from defective performance with the Seller via electronic mail. The moment of claim is considered the moment when the Seller received the claimed goods from the Buyer.
6. 6. When exercising the right of defective performance, the buyer is obliged to prove the conclusion of the purchase contract. For this purpose, the operator recommends in particular the presentation of the purchase receipt.
6.7 The Buyer is obliged to reproach the Seller for the defect, i.e. to receive a description of the defect of the goods for which he complains.
6.8 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.
6.9. The Seller shall decide on the complaint by the Consumer within 3 working days. This time limit does not include the time reasonable according to the type of goods or services required for a professional assessment of the defect. The complaint by the consumer, including the removal of the defect, shall be settled by the seller without undue delay, no later than 30 days from the date of the complaint, unless the seller and the consumer agree on a longer period.
6.10. If the Operator does not reject the claim, the Operator shall issue the Buyer with a confirmation of receipt of the claim, which shall include, among other things, the identification of the Operator and the Buyer, what the Buyer believes is the content of the claim, what method of handling the claim the Buyer requires, the date and place of receipt of the claim and the signature of the Operator's employee.
6.11. The consumer has the right to reimbursement of the costs reasonably incurred in exercising his/her right from defective performance.
6.12. The operator is obliged to inform the buyer that the complaint has been settled and in what way, either to the e-mail address provided by the buyer when making the complaint or via other contact information that will allow the buyer to be notified of the settlement of the complaint. In this notification, the operator shall indicate the deadline for collecting the goods complained of.
6.13. In the event that the Buyer fails to collect the claimed goods within the time limit set by the Operator, the Operator shall be entitled to charge a reasonable storage fee or to sell the goods on its own account to the Buyer. The operator must notify the buyer of this procedure in advance and give the buyer a reasonable additional period of time to collect the goods.
6.14. The Operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the Operator.
7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
7.2 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.
7.3 Consumer complaints are handled by the Seller via the electronic address email@example.com. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.
7.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 00020869, internet address https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/cinsumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.
7.5 The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://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).
7.6 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 authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8. DATA PROTECTION
8. 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.
8. 2 The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, e-mail address, telephone number and, if applicable, delivery address, if different from the billing address (hereinafter referred to as "personal data").
8. 3. The Buyer agrees to the processing of personal data by the Seller for the purposes of performance and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also agrees to the processing of personal data by the Seller for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
8.4 The Buyer acknowledges that he/she is obliged to provide his/her personal data (when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
8.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be transferred to third parties by the Seller without the prior consent of the Buyer.
8.6 Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in hard copy in a non-automated manner.
8.7 The Buyer confirms that the information provided is accurate and that he/she has been advised that this is a voluntary provision of personal data.
8.8 Should the Buyer believe that the Seller or the Processor (Article 8.5) is processing his personal data in a way that is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he may:
8.8.1. ask the seller or processor for an explanation,
8.8.2. require the seller or processor to remedy the condition so caused.
8.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
9. SENDING COMMERCIAL COMMUNICATIONS
9.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.1 Notifications concerning the relationship between the Seller and the Buyer, in particular concerning the withdrawal from the Purchase Contract, must be delivered by post in the form of a registered letter, unless otherwise stipulated in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Buyer, in which case the withdrawal shall be effective if the notice is sent by the Buyer within the withdrawal period.
10.2 A notice which has been refused by the addressee, which has not been collected within the storage period or which has been returned as undeliverable shall be deemed to have been delivered.
10.3 The Parties may deliver ordinary correspondence to each other by electronic mail to the electronic mail address specified in the order or to the address specified on the Seller's website.
11. FINAL PROVISIONS
11.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
11.2 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. Amendments to the contract of sale or the terms and conditions shall be in writing.
11.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4 The sample form for withdrawal from the Purchase Contract is an annex to the Terms and Conditions.
11.5 Contact details of the Seller: delivery address Na Březince 9, 150 00, Prague, e-mail address firstname.lastname@example.org, telephone number +420 604 912 356.
Prague, 15 September 2021