Pecháčkova 1244/7, Smíchov, Postcode 150 00 Prague 5
Company ID No.: 075 45 894
Tax ID No.: CZ 075 45 894
for the sale of goods via e-shop located at www.nejbarevnejsikucharka.cz
1. INTRODUCTORY PROVISIONS
In compliance with the provision of Section 1751 (1) of Act No. 89/2012 Sb., the Civil Code (hereinafter referred to as the “Civil Code”), these Terms & Conditions (hereinafter referred to as the “Terms”) of the Seller, Kamila Rundusová, with her registered seat at Ukrajinská 558, Černošice, Postcode 252 28, Company ID No.: 03474593
1.1. , (hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the Parties arising in association with or based on a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) by means of the Seller’s e-shop. The e-shop is operated by the Seller at the website “www.nejbarevnejsikucharka.cz” (hereinafter referred to as the “Website”) via the website interface (hereinafter referred to as the “Interface”).
1.2. These Terms do not apply in the event that the person purchasing the goods from the Seller is a legal entity purchasing the goods within the scope of its business activities or within the scope of its independent job performance.
1.3. Provisions in deviation from the Terms may be arranged in the Purchase Agreement. The deviating provisions of the Purchase Agreement take precedence over the provisions hereof.
1.4. The provisions hereof constitute an integral part of the Purchase Agreement. The Purchase Agreement and the Terms are concluded in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The wording of the Terms may be modified or amended by the Seller. This provision does not affect the rights and obligations arising during the effective term of wording of the preceding Terms.
2. USER ACCOUNT
2.1. Based on the Buyer’s registration at the Website, the Buyer may access its user interface. Using the user interface, the Buyer may order the goods (hereinafter referred to as the “User Account”). Provided that the Interface allows it, the Buyer may order the goods even without being registered, i.e. directly from the Interface.
2.2. When registering to the Website and ordering the goods, the Buyer is obliged to provide solely the accurate and true data. In the event of a change in the data entered in the User Account, the Buyer is obliged to perform an update on the data. When ordering the goods, the data entered in the User Account is considered as accurate and it is used solely for the one-time order of the book(s).
2.3. The access to the User Account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality with respect to the information necessary for the access to its User Account.
2.4. The Buyer may not enable the access to its User Account to third parties.
2.5. The Seller may cancel a User Account especially in the event that the Buyer does not use its account for more than one 3 months or that the Buyer breaches its obligations arising from the Purchase Agreement (including the Terms).
2.6. The Buyer acknowledges that the User Account may be unavailable from time to time due to reasons which include but are not limited to the necessary maintenance of the Seller’s hardware of software or the necessary maintenance of the hardware or software of third parties.
3. CONCLUSION OF PURCHASE AGREEMENT
3.1. The entire presentation of the goods located at the Interface serves for information only and the Seller is not obliged to conclude a Purchase Agreement with respect to such goods. The provision of Section 1732 (2) of the Civil Code does not apply. The Seller is restricted by the book printing process which the Buyer acknowledges when submitting the order and it is also familiarised with the fact that its order will be settled out of the first possible supply of the book from the printing house upon receiving the order.
3.2. The Interface contains information related to the goods, including the price of the individual goods and the costs for returning the goods in the event that the goods may not be returned by the standard postal means due to their nature. The prices of the goods include the VAT and all related fees. The prices of the goods remain valid for the entire term of their display at the Interface. This provision does not restrict the Seller’s option to conclude the Purchase Agreement under terms arranged individually.
3.3. The Interface also includes information on the packaging and delivery costs. Information on the packaging and delivery costs set forth at the Interface applies solely for deliveries in the territory of the Czech Republic.
3.4. To order the goods, the Buyer is to fill in an order form at the Interface. The information provided in the order form includes but is not limited to:
3.4.1. Goods ordered (ordered goods will be "placed" by the Buyer in the electronic shopping basket at the Interface),
3.4.2. Method of payment of the purchase price, data concerning the required delivery method of the ordered goods, and
3.4.3. Information on the delivery costs (hereinafter collectively referred to as the “Order”).
3.5. Immediately upon receiving the Order, the Seller will confirm this fact to the Buyer electronically to the email address provided by the Buyer in the User Account or in the Order (hereinafter referred to as the “Buyer’s Email Address”).
3.6. Depending on the nature of the Order (amount of goods, amount of purchase price, expected delivery costs), at all times, the Seller may request an additional confirmation of the Order by the Buyer (e.g. in writing or by telephone).
3.7. The contractual relation between the Seller and the Buyer is formed by the delivery of the Order confirmation sent by the Seller to the Buyer electronically to the Buyer’s Email Address.
3.8. The Buyer agrees with the use of remote communication methods when concluding the Purchase Agreement. Costs arising to the Buyer when using the remote communication methods in connection with concluding the Purchase Agreement (such as internet connection charges, telephone charges) are paid solely by the Buyer; 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 related to the goods delivery under the Purchase Agreement may be paid by the Buyer by means of the following methods:
cash on delivery at the address specified by the Buyer in the Order;
bank transfer via PayPal;
online payment by card;
4.2. Along with the Purchase Price, the Buyer is obliged to pay to the Seller also the agreed amount of costs associated with the packaging and delivery of the goods. Unless explicitly otherwise provided, the Purchase Price hereinafter includes the costs related to the goods delivery.
4.3. The Seller does not require any advance payment or another similar kind of payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms with respect to the obligation to pay the Purchase Price in advance.
4.4. As regards the payment in cash or if using the cash on delivery service, the Purchase Price is payable upon receipt of the goods; as regards the PayPal service, the Purchase Price is to be paid when submitting the Order.
4.5. Provided that it is common for the commercial relations or that it is stipulated by general legally-binding regulations, the Seller will issue an invoice to the Buyer with respect to payments realised based on the Purchase Agreement. The Seller is a VAT payer. Upon the payment of the Purchase Price, the invoice will be issued by the Seller to the Buyer and sent electronically to the Buyer’s Email Address.
5. WITHDRAWAL FROM PURCHASE AGREEMENT
5.1. The Buyer acknowledges that in compliance with the provisions of Section 1837 of the Civil Code, it may not withdraw from a purchase agreement on the supply of goods which were customised or personalised to the wishes of the Buyer or for the Buyer personally, from a purchase agreement on the supply of goods subject to rapid decay, as well as the goods which were mixed irreversibly with other goods after supply, from a purchase agreement on the supply of goods which were sealed by the Seller and unsealed by the Buyer upon supply and which may not be returned due to hygiene reasons, from a purchase agreement on the supply of audio or video recordings or computer software whose original seal was unsealed upon supply.
5.2. Unless the case in question is the case set forth in Article 5.1 or another case where the withdrawal from the Purchase Agreement is not possible, in compliance with the provisions of Section 1829 (1) of the Civil Code, the Buyer may withdraw from the Purchase Agreement within fourteen (14) days of acceptance of the goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the time limit set forth in the previous sentence.
5.3. In the event of withdrawal from the Purchase Agreement in compliance with Article 5.2 hereof, the Purchase Agreement will be terminated ex tunc. Within fourteen (14) days of withdrawal from the Purchase Agreement, the goods must be returned to the Seller. Provided that the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs related to returning the goods to the Seller; this also applies to the case when the goods cannot be returned by the standard postal means due to their nature.
5.4. In the event of withdrawal from the Purchase Agreement in compliance with Article 5.2 hereof, the Seller will return the funds received from the Buyer within fourteen (14) days of the Buyer’s withdrawal from the Purchase Agreement; the refund will be performed in the same way that the Buyer used for making the payment for the goods. The Seller may also refund the payment provided by the Buyer already upon returning the goods by the Buyer or by other means if agreed upon with the Buyer and if no further costs incur to the Buyer thereby. Provided that the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to refund the payment to the Buyer before the Buyer returns the goods or proves the dispatching of the goods to the Seller.
5.5. The damages may be set-off unilaterally by the Seller against the Buyer’s right to the Purchase Price refund.
5.6. Provided that the Buyer may withdraw from the Purchase Agreement in compliance with Section 1829 (1) of the Civil Code, the Seller may also withdraw from the Purchase Agreement until the goods are received by the Buyer. In such case, the Purchase Price will be refunded by the Seller to the Buyer without undue delay by bank transfer to a bank account provided by the Seller; if no such bank account is available, the Purchase Price will be refunded to the address set forth in the Order.
5.7. In the event that a gift is provided along with the goods to the Buyer, a contract of donation between the Seller and the Buyer is concluded with a condition subsequent that in the event of withdrawal from the Purchase Agreement by the Buyer, the contract of donation becomes ineffective with respect to such a gift, and the Buyer is obliged to return the gift to the Seller along with the goods provided.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In the event that the means of transport agreed upon and based on the Buyer’s special request, the Buyer bears the risk and any additional costs related to such a means of transport.
6.2. In the event that the Seller is obliged to deliver the goods under the Purchase Agreement to an address specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. In the event that it is necessary to deliver the goods repeatedly or by other means than as set forth in the Order due to reasons on the Buyer’s side, the Buyer is obliged to pay the costs related to the repeated delivery of the goods, or the costs related to the other means of delivery.
6.4. Upon takeover of the goods from the carrier, the Buyer is obliged to verify that the packaging is intact and to notify the carrier of any defects without delay. Provided that the packaging is not intact, proving any unauthorised penetration into the consignment, the Buyer is not obliged to take over the consignment from the carrier.
6.5. If applicable, other rights and obligations of the Parties related to the shipment of the goods may be regulated by special delivery terms of the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the Parties associated with the rights arising from a defective performance are regulated by the general legally-binding regulations (including but not limited to the provisions of Section 1914 to 1925, Section 2099 to 2117, and Section 2161 to 2174 of the Civil Code and the Act No. 634/1992 Sb., on Consumer Protection, as amended).
7.2. The Seller is liable for providing solely defect-free goods to the Buyer. At the time of takeover of the goods by the Buyer, the Seller’s liabilities to the Buyer include but are not limited to the following:
7.2.1 The properties of the goods correspond to the properties agreed upon by the Parties; provided that no such agreement has been made, the properties must correspond to the ones described by the Seller or the manufacturer or the ones expected by the Buyer with respect to the nature of the goods and based on the advertising of the Seller or the manufacturer.
7.3. Provided that such a defect occurs within six months of receiving the goods, it is deemed that the goods had already been defective at the time of the takeover. The Buyer may exercise its rights arising from a defective performance with respect to the consumer goods within twenty-four months of taking over the goods.
7.4. Rights arising from a defective performance may be exercised by the Buyer with the Seller at the Seller’s business premises where the claim may be received while taking into consideration the range of the sold goods or at the Seller’s company seat.
7.5. Other rights and obligations associated with the Seller’s liability for defects may be regulated by the Seller’s claim management policy.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires the ownership of the goods by paying the full Purchase Price of the goods.
8.2. With respect to the Buyer, the Seller is not bound by any codes of conduct within the meaning of the provisions of Section 1826 (1) (e) of the Civil Code.
8.3. The Seller is authorised to sell the goods based on her Trade Certificate. Trade inspections are performed by the relevant Trade Licence Office within the scope of its authority. The supervision over personal data protection is performed by the Office for Personal Data Protection. Czech Trade Inspection Authority performs, among other things, the supervision over adherence to the Act No. 634/1992 Sb., on Consumer Protection, as amended, within the defined scope.
8.4. The Buyer hereby accepts the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The protection of personal data of the Buyer - a natural person - is provided by Act No. 101/2000 Sb., on Personal Data Protection, as amended.
9.2. For the purpose of placing a one-time order of the book “Nejbarevnější kuchařka”, the Buyer agrees with the processing of its personal data: first name and surname, address of residence, Company ID number, Tax ID number, email address, telephone number (hereinafter jointly referred to as the “Personal Data”).
9.3. The Buyer agrees that its Personal Data will be processed by the Seller for the purposes of realisation of the rights and obligations arising from the Purchase Agreement and for the purposes of the Buyer's User Account management. The Personal Data will not be used for any other purpose and it will be deleted from the system upon the Order settlement.
9.4. The Buyer acknowledges its obligation to provide accurate and true Personal Data (during its registration, in its User Account, in the Order performed via the Interface) and to inform the Seller of any change to its Personal Data without undue delay.
9.5. The Seller may authorise a third party to be the processor of the Buyer’s Personal Data. Besides the persons delivering the goods to the Buyer, without the prior written consent of the Buyer, its Personal Data will neither be transferred to third parties, nor used for other purposes than the purposes mentioned above.
9.6. The Personal Data will be processed for an indefinite period of time. The Personal Data will be processed electronically by an automatised means or in a printed form by a non-automatised means.
9.7. The Buyer confirms that the provided Personal Data is accurate and that it has been informed of the voluntary provision of this Personal Data.
9.8. Provided that the Buyer assumes that the Seller or the processor processes its Personal Data in contradiction to the protection of the Buyer’s private and personal life or in contradiction to the law, including but not limited to the assumption that the Personal Data is inaccurate with respect to the purpose of its processing, the Buyer may:
9.8.1. request explanation from the Seller or the processor;
9.8.2. request that the Seller or processor eliminate the condition arisen.
9.9. Provided that the Buyer requests information concerning the processing of its Personal Data, the Seller is obliged to provide such information to the Buyer. With respect to provision of the information under the previous sentence, the Seller has the right to request reasonable compensation not exceeding the costs necessary for the information provision.
10. RECEIVING COMMERCIAL COMMUNICATIONS AND COOKIES
10.1. The Buyer agrees with receiving email information related to the goods, services or the Seller's business activities, and agrees with receiving commercial communications by the Seller to the Buyer's Email Address.
10.2. The Buyer agrees with storing files, so called cookies, at its computer. Provided that performing the purchase via the Website is possible while the Seller’s obligations arising from the Purchase Agreement are fulfilled without storing the cookies at the Buyer’s computer, the Buyer may withdraw its consent under the previous sentence at any time.
11.1. Notices may be delivered to the Buyer to the Buyer’s Email Address.
12. FINAL PROVISIONS
12.1. Provided that the relation under the Purchase Agreement contains an international (foreign) element, the Parties agree that the relation is governed by the laws of the Czech Republic. This does not affect the consumer rights arising from general legally-binding regulations.
12.2. Provided that any provision hereof is found invalid or ineffective, or will become invalid or ineffective, another provision will be arranged to replace such invalid provisions, the meaning of which will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions hereof.
12.3. The Purchase Agreement, including the Terms, is archived by the Seller electronically and is not accessible for the entire term in compliance with applicable legal regulations.
12.4. A template form for the withdrawal from the Purchase Agreement constitutes the Annex hereto.
12.5. The Seller’s contact details: address for delivering notices, email address, telephone.
In Prague, on 18 November 2017