Seller Patrik Kvapil, Bohdíkovská 2212/100, Šumperk 787 01, Czech Republic, ID: 09930337, VAT number: CZ9406206139, registered with the Šumperk Municipal Office, for the sale of goods through an online store located at the internet address patrikkvapil.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of entrepreneur Patrik Kvapil, Bohdíkovská 2212/100, Šumperk 787 01, ID number: 09930337, VAT number: CZ9406206139, registered with the Šumperk Municipal Office (hereinafter referred to as the "seller") are regulated in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another by a natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on a website located at the internet address patrikkvapil.com (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
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, when ordering goods, acts as part of his business activity or as part of his independent profession.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and 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 effective period of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (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 enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case 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 authorized to allow the use of the user account by third parties.
2.5. The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract (including the terms and conditions).
2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 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 the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store and are displayed after rounding to whole numbers. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store only applies in cases where the goods are delivered within the territory of the Czech Republic and other countries to which it is possible to order by entering the address in the shopping basket of the web interface of the store.
3.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
3.4.1. ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),
3.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Confirm order and pay" 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 account 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, amount of the purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order.
3.7. 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 e-mail, to the e-mail address of the buyer.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
3.9. The offers that are displayed to the buyer as part of the search results in the e-shop are displayed mainly on the basis of the match parameter of the phrase entered into the search engine with the name of the product in the e-shop offer. Compared to others, this parameter allows the buyer to be presented with search results that more accurately match his shopping preferences.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract 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 in CZK currency No. 6381946349/0800, maintained at Česká spořitelna a.s. (hereinafter referred to as "seller's account");
cashless through the ComGate payment system;
In case of problems with the payment gateway or payment, write to us or contact the payment gateway support: ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové
E-mail: email@example.com, Tel: +420 228 224 267
4.2. Along 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 also includes the costs associated with the delivery of the 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 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of 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 5 calendar days from the conclusion of 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 indication of 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 if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph 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. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods in closed packaging that the consumer removed from the packaging and for hygienic reasons it cannot be returned.
5.2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another 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 § 1829, paragraph 1 of the Civil Code, within fourteen (14 ) days from the acceptance of the goods, while in the case 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 acceptance 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. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the business 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 to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
5.4. In the event of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way in which he received the funds from the consumer. Money will be refunded in another way only if the consumer agrees and if it does not incur additional costs. 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.
5.5. In the event that the buyer withdraws from the purchase contract only in part (i.e. the case where the buyer purchased more goods but returned only part of the goods), such buyer is entitled to a refund of the costs of the delivery of the goods in the following cases: (i) if the costs of deliveries were the same, regardless of the quantity of goods purchased, so in case of partial withdrawal, the consumer is not entitled to a refund of the costs of delivering the goods, (ii) if the costs of delivering the goods would increase due to the addition of the returned goods to the order, the buyer is entitled to such the corresponding part of the cost of delivery of the goods (by which the amount of the cost of delivery in respect of the returned goods has been increased).
5.6. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.7. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
5.8. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with provided gift, or to pay for it additionally.
5.9. In case of withdrawal from the purchase contract, RETURN OR EXCHANGE OF GOODS, the buyer is obliged to send the goods by registered mail through the holder of the postal license to the address Patrik Kvapil, Bohdíkovská 2212/100, 787 01 Šumperk, Czech Republic, and to attach a copy of the document and the bank account number to the goods for a refund of the amount for the returned goods, unless the purchase price of the goods is to be returned in another way. The seller will return the money for the returned goods to the consumer no later than 14 days after withdrawal from the contract, in the same way in which he received the money from the consumer. Money will be refunded in another way only if the consumer agrees and if it does not incur additional costs. For a new size or new product, you need to create a new order, which will be sent to the buyer again.
6. CARRIAGE AND DELIVERY OF GOODS
6.1. In the event that 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. The delivery time is governed by the time specified for the goods in the e-shop.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
6.4. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The seller is obliged to deliver the goods to the buyer without defects. The buyer's right from defective performance is based on a defect that the goods have when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer's right is also based on a defect that arose later, which the seller caused by breaching his obligation. The buyer has no rights from defective performance, if it is a defect that he had to have known with the usual care when concluding the contract.
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 the goods
a) corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed features,
b) is suitable for the purpose for which the buyer requires it and to which the seller has agreed, and
c) is delivered with the agreed accessories and instructions for use, including any assembly or installation instructions.
The seller responds to the buyer that in addition to the agreed properties
a) is the thing suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,
d) the quantity, quality and other properties of the thing, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, also with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or marking,
e) the thing is delivered with accessories, including packaging, any assembly instructions and other instructions for use that the buyer can reasonably expect, and
f) the item corresponds to the quality or execution of the sample or template that the seller provided to the buyer before the conclusion of the contract.
If a defect in the goods purchased by the buyer becomes apparent within one year of receipt, it is considered that the goods were already defective upon receipt, unless the nature of the goods or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect.
The buyer can point out a defect that appears on the goods within two years of receipt.
7.2. The seller is responsible to the buyer for defects in the goods according to the legal conditions, especially in § 2099 and the following Act No. 89/2012 Coll., Civil Code.
If defective performance is a material breach of contract, the buyer has the right to:
a) to remove a defect by delivering a new item without a defect or by supplying a missing item,
b) to remove the defect by repairing the item,
c) for a reasonable discount from the purchase price, or
d) withdraw from the contract.
If defective performance is a minor breach of contract, the buyer has the right to:
a) removal of the defect, or
b) for a reasonable discount from the purchase price.
7.3. The buyer can report a complaint in any way that sufficiently expresses his will.
7.4. In an effort to facilitate the process of reporting a complaint, the seller recommends that the complaint report should include the following information in particular: name, surname, e-mail address, bank account number, address (street, house / apartment number, zip code, city (post office)), telephone, method compensation, order number, information on which goods and for what reason they are being complained about.
7.5. The seller is obliged to issue a written confirmation to the buyer when making a claim, in which he will state the date when the buyer made the claim, what it contains, what method of handling the claim the buyer requires and the buyer's contact details for the purpose of providing information on handling the claim.
7.6. The buyer will be informed about the method of resolving the complaint in the manner indicated during the complaint report. The complaint, including the removal of the defect, must be processed and the buyer must be informed about it no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The seller is obliged to issue to the buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
7.7. If the goods have a defect, the buyer can request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the importance of the defect, the value that the goods would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer.
The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the goods would have without the defect.
7.8. The buyer may request a reasonable discount or withdraw from the contract if
a) the seller refused to remove the defect or did not remove it in accordance with the previous paragraph,
b) the defect manifests itself repeatedly,
c) the defect is a substantial breach of contract, or
d) it is obvious from the seller's statement or from the circumstances that the defect will not be removed within a reasonable time or without significant difficulties for the buyer.
A reasonable discount is determined as the difference between the value of the goods without a defect and the defective item received by the buyer.
The buyer cannot withdraw from the contract if the defect in the goods is insignificant.
7.9. In the event of any deficiencies in the submitted claim, the seller will ask the buyer to supplement them in accordance with the buyer's contact details stated in the given claim.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
8.3. The seller handles consumer complaints via an electronic address email@example.com. The seller will send information about handling the buyer's complaint to the buyer's email address.
8.4. Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
8.5. The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropskyspotrebitel.cz is the contact point according to the Regulation of the European Parliament and of the Council (EU) No. 524/2013 of 21 of May 2013 on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
8.6. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection and conditions of the processing of the personal data of the buyer by the seller as administrator according to Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data ("GDPR") are governed by these Terms of processing of personal data.
9.2. The granting of express consent by the buyer to the processing of personal data in its entirety is not a condition that would in itself make it impossible to conclude a purchase contract.
9.3. The buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when ordering from the store's web interface) correctly, truthfully and accurately, and that he is obliged to inform the seller without undue delay of a change in his personal data.
9.4. The buyer provides his personal data to the seller voluntarily.
9.5. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller's obligations from the purchase contract without so-called cookies being stored on the buyer's computer, the buyer can refuse consent according to the previous sentence.
10.1. It can be delivered to the buyer's email address.
10.2. The buyer agrees to send the proof of purchase of the goods (invoice) in electronic form to the buyer's e-mail address.
11. FINAL PROVISIONS
11.1. 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 consumer rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will 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.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. Contact details of the seller:
address for delivery: Patrik Kvapil, Bohdíkovská 2212/100, 787 01 Šumperk, Czech Republic.
e-mail address firstname.lastname@example.org, telephone +420 608 760 065.
the address for RETURNING GOODS is: Patrik Kvapil, Bohdíkovská 2212/100, 787 01 Šumperk, Czech Republic.
In Šumperk on 29 May 2023