IN: 03769933, VAT IN: CZ03769933
Registered office in Na Chmelnici 119, Týnec nad Sázavou, ZIP code: 257 41
Registered in the Companies Register managed by the Municipal Court in Prague, section C, file 233177
(hereinafter referred to as „seller“)
herewith issues these business terms for sale of goods by means of an online shop located on websites www.satkomanie.cz, in compliance with provision § 1751, section 1, the Act no. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”).
The purpose of these business terms is an arrangement of mutual rights and duties established in connection with concluded contracts between the seller and another person (hereinafter referred to as “purchaser”) when purchasing goods presented in an online shop located on websites satkomanie.cz. Only the seller as an operator is entitled to execute all property rights in relation to these websites, in compliance with the Act no. 121/2000 Coll., on Copyright. Any keeping, modification and distribution of these websites is possible only with seller´s consent.
Provisions of business terms are an integral part of purchase agreements concluded based on seller´s acceptance of an order in the way mentioned below.
If the purchaser who wants to purchase goods from the seller is a corporate entity or person who acts within own business activity or self-employed activity when ordering goods, provisions of consumer protection aren´t applied to legal relations between the seller and such a purchaser.
Based on a free registration of the purchaser, made on websites, the purchaser can have access to his user interface in an online shop. The purchaser can order goods from his user interface (hereinafter referred to as “user account”).
When registering on websites and ordering goods, the purchaser is obligated to provide all data correctly and truly. In case of any change, the purchaser is obligated to update data mentioned in a user account. Data mentioned by the purchaser in his user account and when ordering goods is considered by the seller as correct.
The access to a user account is secured with a user name and password. The purchaser is obligated to keep confidentiality about information necessary for the access to his user account.
The purchaser isn´t entitled to enable using his user account by the third party.
The seller can cancel purchaser´s user account, mainly in case that the purchaser hasn´t used his user account for more than 1 year or in case that the purchaser infringes his obligations under a purchase agreement (including business terms).
The purchaser acknowledges that a user account doesn´t have to be available constantly, mainly with regards to necessary maintenance of hardware and software equipment of the seller or to necessary maintenance of hardware and software equipment of the third party.
Web interface of a shop includes information about goods including prices of individual goods. Prices of goods are mentioned in Czech crowns including the value added tax and all related charges. Except for prices of goods, there is mentioned also information about costs related to packaging and delivery of goods. This information is valid only in case that goods are delivered within the Czech Republic.
The purchaser acknowledges that all presentations of goods located in the web interface of a shop are of informative nature and the seller isn´t obligated to enter into a purchase agreement concerning these goods. This provision doesn´t limit seller´s possibility to enter into a purchase agreement under individually agreed terms.
To order goods, the purchaser shall fill in an order form in the web interface of a shop. The order form contains mainly information about:
(hereinafter referred together as “order”).
Before sending an order to the seller, the purchaser is enabled to check and change data which he entered in the order also with regards to purchaser´s possibility to find out and correct mistakes incurred when entering data in the order.
The purchaser sends an order to the seller by clicking on the button “send order”.
Data mentioned in the sent order is considered by the seller as correct.
The sent order is a binding proposal of a purchase agreement for the contracting parties. The condition of its validity is filling of all mandatory data in an order form, getting acquainted with these business terms on websites and purchaser´s confirmation that he got acquainted with these business terms.
A purchase agreement is concluded when the acceptance of an order is delivered. The acceptance is sent to the purchaser by the seller via electronic mail to purchaser´s address mentioned in the web interface or in the order (hereinafter referred to as “purchaser´s electronic address”). If the seller doesn´t accept an order, a contractual relation between the purchaser and seller isn´t established. Conclusion of a purchase agreement without the agreement on all its terms set by the Civil Code is excluded in terms of provision § 1726, Civil Code. In compliance with provision § 1740, section 3, Civil Code, the seller excludes also acceptance of an offer with an amendment or deviation.
Purchase agreement is concluded exclusively in the Czech language.
The seller is always entitled to ask the purchaser to confirm an order additionally (e.g. in writing or per phone) depending on the type of an order (quantity of goods, purchase price, assumed transport costs).
In case that some of requirements mentioned in an order can´t be met by the seller, the seller sends the purchaser to his email address a changed offer with possible versions of an order and asks the purchaser for his statement. The changed offer is considered as a new proposal of a purchase agreement and the purchase agreement is concluded in this case when it is accepted by the purchaser via electronic mail.
The acceptance of an order by the seller or the acceptance of a changed order by the purchaser establishes seller´s obligation to deliver goods mentioned in the order to the purchaser in term according to business terms and to a delivery place mentioned in the order and the Purchaser undertakes to take over goods from the seller or from a forwarder chosen by the seller and to pay the seller the purchase price of goods, mentioned in the order.
In case there was an obvious technical error on the side of the seller when mentioning goods´ price, the seller isn´t obligated to deliver goods to the purchaser for an obviously wrong price though the acceptance of an order was sent to the purchaser or the purchaser accepted a changed order.
The purchaser agrees with utilization of remote communication means for conclusion of a purchase agreement. Costs incurred to the purchaser when using remote communication means in connection with conclusion of a purchase agreement (costs for internet connection, costs for phone calls) are paid by the purchaser.
The purchaser can pay the seller the price of goods and costs related to delivery of goods in the following ways provided that he is obligated to use a way of payment mentioned in an order:
The seller asks for payment of a purchase price before the purchaser takes over goods.
In case of a cash on delivery payment, the purchase price is payable when taking over the goods.
In case of a credit transfer, the purchase price is payable within 5 days after conclusion of a purchase agreement. The purchaser is obligated to pay the purchase price of goods and mention a variable symbol of a payment. In case of a credit transfer, purchaser´s obligation to pay the purchase price is met at the moment of crediting seller´s account with the appropriate amount.
The seller can ask the purchaser to pay an advance payment or another similar payment, mainly in cases there is information about goods that it can be delivered “only per order” or if the order exceeds CZK 3.000.
Possible discounts from a price, provided to the purchaser by the seller, can´t be mutually combined.
If it is common in a business contact or if it is stipulated by legislation, the seller shall issue for the purchaser a tax certificate – invoice – concerning payments made based on a purchase agreement. The seller isn´t a payer of the value added tax. The seller issues a tax certificate – invoice – for the purchaser after payment of a purchase price of goods and sends it in an electronic form to purchaser´s email address.
If the seller is obligated to deliver goods to a place defined by the purchaser in an order, according to a purchase agreement, the purchaser is obligated to take over goods when it is delivered.
The seller shall deliver goods in the supposed term mentioned for individual goods. The seller isn´t responsible for a delay caused by his suppliers.
In case that it is necessary to deliver goods repeatedly or in another way than mentioned in an order because of the purchaser, the purchaser is obligated to pay costs related to repeated delivery of goods or costs related to another way of delivery.
When taking over goods from the forwarder, the purchaser is obligated to check integrity of goods´ packages and in case of any defects he is obligated to announce it immediately to the forwarder. In case of failure of a packaging, indicative of unauthorized intrusion into a consignment, the purchaser doesn´t have to take over the consignment from the forwarder.
In case that the way of transport is agreed based on a special requirement of the purchaser, the purchaser bears a risk and possible additional costs related to this way of transport.
The sold goods are provided with a quality warranty for 24 months after takeover of goods. The warranty isn´t applied to goods where a claim was lodged after the set warranty period and also to wear and tear of goods caused by their usage. The warranty isn´t applied to defects caused by incorrect usage, unsuitable maintenance of goods or incorrect storage.
The seller is responsible to the purchaser for the fact that goods don´t have any defects when being taken over. The seller is mainly responsible to the purchaser for the fact that at the moment when the purchaser takes over the goods:
This provision isn´t applied for sale of goods sold for a lower price because of a defect for which a lower price was agreed; in case of used goods it is a defect corresponding to the level of usage or wear and tear which the goods had when being taken over by the purchaser or if it is implied by the nature of goods.
The purchaser enforces his rights arising from seller´s responsibility for defects, including a quality warranty, by a claim sent in writing or per email to the seller. The purchaser is obligated to mention in a claim how a defect shows itself and to suggest a way of claim settlement. The purchaser is also obligated to add a copy of an invoice or delivery note as an attachment. The purchaser has to also deliver claimed goods to the address of seller´s registered office to make the claim valid. Claimed goods have to be secured properly not to cause their damage or destruction during transport.
The seller has a right to reject acceptance of goods as a claim in case that claimed goods and/or their parts are polluted or don´t meet basic expectations for hygienically safe takeover of goods into a claim procedure unless it is common pollution.
The day of lodging a claim is a day when goods were delivered to seller´s address. The seller decides on justice of a claim within three working days after the claim was lodged.
A possible way of claim settlement:
In case that the purchaser is a physical entity as a consumer, delivered claims are settled without undue delay within 30 days after the day of their lodgement at the latest if the Seller and Purchaser don´t agree otherwise.
If it isn´t a case according to provision § 1837, Civil Code, when it isn´t possible to withdraw from a purchase agreement, the purchaser who is a consumer has a right to withdraw from a purchase agreement in compliance with provision § 1829, section 1, Civil Code, within fourteen days after takeover of goods whereas in case that the subject of a purchase agreement is several types of goods or delivery of several parts, this period starts on the day of takeover of the last goods´ delivery. Withdrawal from an agreement has to be sent to the seller within the period mentioned in the previous sentence.
For withdrawal from a purchase agreement, the purchaser can use a sample form provided by the seller and building an attachment of business terms. The purchaser can send the withdrawal from an agreement to seller´s registered office. The provision of article 11 of these business terms is applied to delivery of withdrawal from an agreement.
In case of withdrawal from a purchase agreement, the purchase agreement is cancelled completely from its beginning. Goods have to be returned to the seller within fourteen days after withdrawal from an agreement. If the purchaser withdraws from a purchase agreement, he bears costs related to return of goods to the seller also in case that goods can´t be returned per common mail because of their nature.
In case of withdrawal from an agreement according to article 7.1, business terms, the seller shall refund pecuniary means received from the purchaser within fourteen days after purchaser´s withdrawal from a purchase agreement in the same way in which the seller received them from the purchaser. The seller is also entitled to refund reimbursement provided by the purchaser already when returning goods or in another way if the purchaser agrees with it and no other costs incur to the purchaser. If the purchaser withdraws from a purchase agreement, the seller isn´t obligated to refund accepted pecuniary means to the purchaser before the purchaser returns him goods or proves that he has already sent the goods to the seller.
The seller is entitled to set off unilaterally a claim on compensation of damage of goods against purchaser´s claim on refund of a purchase price.
In the case that the returned goods has been washed or used, the seller is entitled to return only 70% of the purchase price.
To be able for the seller to accept goods back in case of withdrawal from an agreement, goods mustn´t be damaged anyhow or show evidences of usage or wear and tear.
The consumer acknowledges that in terms of provision § 1837, Civil Code, it isn´t possible, among others, to withdraw from a purchase agreement on delivery of goods which were adjusted according to consumer´s wish or exactly for him.
Until the time of goods´ takeover by the purchaser, the seller is entitled to withdraw anytime from a purchase agreement. In such a case the seller refunds the purchaser the purchase price without undue delay via a credit transfer to an account defined by the purchaser.
If a gift is provided to the purchaser together with goods, a deed of gift is concluded between the seller and purchaser with a subsequent condition that if the purchaser withdraws from a purchase agreement, the deed of gift becomes ineffective as regards such a gift and the purchaser is obligated to return the seller also the provided gift, together with goods.
The purchaser acquires ownership of goods by paying the seller the entire purchase price of goods.
In relation to the purchaser, the seller isn´t bound by any rules of conduct in terms of provision § 1826, section 1 e), Civil Code.
In terms of provision § 1820, section 1 j), Civil Code, the seller declares that the purchaser in the position of a consumer can appeal with an out-of-court complaint to an auditing body which is the Czech Trade Inspection Authority. The Czech Trade Inspection Authority settles out-of-court complaints of consumers in a way and under conditions set by appropriate legislation.
Herewith the purchaser assumes the risk of a change of circumstances in terms of § 1765, section 2, Civil Code.
The seller declares that he has a valid trade licence for sale of goods on websites www.satkomanie.cz. The appropriate Trades Licensing Office checks keeping of the Trades Licensing Act. The Office for Personal Data Protection checks keeping of protection of personal data. The Czech Trade Inspection Authority checks keeping of the Consumer Protection Act within the limited extent.
By concluding a purchase agreement, the purchaser expresses his consent with elaboration and collection of his personal data (mentioned in a purchase agreement) in seller´s customer database after fulfilment of a purchase agreement (for purpose of marketing, offers of new goods, next possible business cooperation or other contractual relations) up to the period when he delivers his disagreement with such elaboration to the seller in writing.
The seller keeps information about the purchaser in compliance with valid legislation of the Czech Republic, mainly in compliance with the Act no. 101/2000 Coll., on the Protection of Personal Data, subsequently amended. Purchaser´s personal data is secured against misuse. The seller won´t hand over this data to any third party, except for a possible legal obligation to announce such information and except for forwarders and mail carriers entrusted by the seller to deliver goods; only such data which is necessary for delivery of goods will be announced to forwarders and mail carriers.
The purchaser has a right to access to his personal data, right to its correction including other legal rights to this data. It is possible to delete personal data from the database, based on a written appeal of the purchaser delivered to the seller.
Purchase agreements are archived by the seller since their conclusion and they are archived also after their fulfilment. Purchase agreements are archived in a form in which they were concluded. The seller, or a subject entrusted by the seller to archiving, has the exclusive access to archived purchase agreements. These persons aren´t entitled to make agreements available to the third party, except for a possible legal obligation of such access.
The purchaser agrees with sending of information related to goods, services or the company of the seller to purchaser´s electronic address and agrees also with sending of business messages by the seller to purchaser´s electronic address.
The purchaser agrees with saving of so-called cookies in his computer. In case it is possible to purchase on websites and to meet seller´s obligations under a purchase agreement without saving of so-called cookies in purchaser´s computer, the purchaser can anytime cancel his consent according to the previous sentence.
All contractual relations between the seller and purchaser, not regulated by these business terms, follow the legal order of the Czech Republic, mainly the Civil Code.
The seller can change or complete the text of business terms. This provision doesn´t affect rights and duties established during operation of the previous text of business terms.
An attachment of business terms is a sample form for withdrawal from a purchase agreement.
Seller's contact information: postal address Na Chmelnici 119, Týnec nad Sázavou, ZIP: 257 41, Czech republic, e-mail address firstname.lastname@example.org, phone +420 731 211 544.
In Týnec nad Sázavou on 21.10.2016