TERMS AND CONDITIONS - choppers-shop.cz
INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “Terms and Conditions”) of the business entity Pavel
Dinčák, with its registered office at Lidická 477, 252 63 Roztoky, identification number: 66006074, competent authority
pursuant to Section 71(2) of the Trade Licensing Act: Černošice Municipal Office (hereinafter referred to as the “Seller”)
govern, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code
(hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising
in connection with or on the basis of a purchase agreement (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 online store is operated by the seller on a website
located at the Internet address choppers-shop.cz (hereinafter referred to as the “website”), specifically
through the website interface (hereinafter referred to as the “store’s web interface”).
Online store hours: 24 hours a day, 7 days a week
1.2. These Terms and Conditions do not apply to cases where the person intending to purchase goods
from the Seller is a legal entity or a person acting when ordering goods within
the scope of
their
business activities or in the independent practice of their profession.
1.3. Provisions deviating from these Terms and Conditions may be agreed upon in the purchase agreement. Deviating
provisions in the purchase agreement take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the purchase agreement. The purchase agreement
and the Terms and Conditions are drafted in the Czech language. The purchase agreement may be concluded in Czech,
English, Slovak, and Polish.
1.5. The Seller may amend or supplement the text 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.
USER ACCOUNT
1.6. Upon registering on the website, the buyer may
access their user interface. From their user interface, the buyer may place
orders for goods (hereinafter referred to as the “user account”). If the store’s web interface
allows
it
, the buyer may also place orders for goods without registration, directly from
the store’s
web
interface.
1.7. When registering on the website and when ordering goods, the buyer is required to provide accurate
and truthful information. The buyer is
required to update
the information in the user account whenever any
changes
occur
. The information provided by the buyer in the user account and when ordering
goods is considered accurate by the seller.
1.8. Access to the user account is secured by a username and password. The Buyer
is obligated to maintain confidentiality regarding the information necessary to access their
user account.
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1.9. The Buyer is not authorized to allow third parties to use their user account.
1.10. The Seller may cancel a user account, particularly if the Buyer
has not used
their user
account for more than one year, or if the Buyer breaches their obligations under the purchase agreement
(including the Terms and Conditions).
1.11. The Buyer acknowledges that the user account may not be available continuously, particularly
in light of necessary maintenance of the Seller’s hardware and software equipment, or
necessary maintenance of the hardware and softwarethird-party equipment.
CONCLUSION OF THE PURCHASE AGREEMENT
1.12. All presentations of goods displayed on the store’s website are
for
informational
purposes only, and the seller is under no obligation to enter into a purchase agreement regarding such goods.
The provisions of Section 1732(2) of the Civil Code do not apply.
1.13. The online store interface contains information about the goods, including the prices of individual
items. The prices of the goods are listed inclusive of value-added tax and all related
fees. The prices of the goods remain valid for as long as they are displayed on
the
online
store interface. This provision does not limit the seller’s ability to enter into
a
sales
contract under individually negotiated terms.
1.14. The store’s web interface also contains information about the costs associated with packaging
and delivery of the goods. Information regarding the costs associated with packaging and delivery of goods listed
on the online store applies only in cases where the goods are delivered within
the territory of the Czech Republic.
1.15. To order goods, the buyer shall fill out the order form on the online store.
The order form contains, in particular, information regarding:
1.15.1. the goods being ordered (the buyer “adds” the ordered goods to
the
electronic
shopping cart on the store’s website),
1.15.2. the method of payment for the purchase price of the goods, details regarding the requested delivery method
for the ordered goods, and
1.15.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as
the “order”).
1.16. Before submitting the order to the seller
, the
buyer is given the opportunity to review and modify
the information entered into the order, including the ability to identify
and correct errors made while entering data into the order. The buyer submits the order
to the seller by clicking the “CONFIRM ORDER” button. The information provided in the order
is deemed correct by the seller.
1.17. Submission of the order is considered an act by the buyer that unambiguously
identifies the goods being ordered, the purchase price, the buyer’s identity, and the method of payment for the purchase price, and constitutes
a binding offer of a sales contract for the contracting parties. A condition for the validity of the order is
the completion of all required information in the order form, familiarization with these
terms and conditions on the website, and the buyer’s confirmation that they
have familiarized
themselves with these
terms and conditions.
1.18. Immediately upon receipt of the order
,
the Seller shall confirm such receipt to the Buyer
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via email, specifically to the Buyer’s email address specified in
the
user
interface or in the order (hereinafter referred to as the “Buyer’s email address”).
1.19. Depending on the nature of the order (quantity of goods, amount
of the purchase price, estimated shipping costs)
, the Seller is always entitled
to request additional confirmation
of the order
from the Buyer
(for example, in writing or by telephone).
1.20. The draft purchase agreement in the form of an order is valid for fifteen days.
1.21. The contractual relationship between the Seller and the Buyer is established upon delivery of the order acceptance
(acceptance), which the Seller sends to the Buyer via email to the
Buyer’s email
address
.
1.22. If the seller is unable to meet any of the requirements specified in the order, the seller will send
the buyer an amended offer to the buyer’s email address, specifying possible
options for the order, and will request the buyer’s response.
1.23. An amended offer is considered a new proposal for a purchase agreement, and in such
a case
,the purchase agreement is
not concluded until the buyer accepts it via email.
1.24. The buyer agrees to the use of means of distance communication when concluding the purchase agreement.
Any costs incurred by the buyer when using means of distance communication in connection
with the conclusion of the purchase agreement (costs of internet connection, costs of telephone calls)
shall be borne by each buyer individually, provided that such costs do not exceed the standard rate.
PRICE OF GOODS AND PAYMENT TERMS
The buyer may
pay the seller
the price of the goods and any costs associated with the delivery of the goods under the sales contract
in the following ways:
- in cash at the address Lidická 477, 252 63 Roztoky or Terronská 5, 160 00 Prague 6
(Solar Studio Top Sun), by prior arrangement only.
- in cash upon delivery at the location specified by the buyer in the order
- by bank transfer to the seller’s account no.2901265902/2010
, held
at Fio banka (hereinafter referred to as the “Seller’s account”);
- by bank transfer via the PayPal payment system
- by credit card
1.25. In addition to the purchase price, the buyer is obligated to pay the seller the costs associated
with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise,
the purchase price
is deemed
to include the costs associated with the delivery of the goods.
1.26. The seller does not require the buyer to make a down payment or any other similar payment. This does not affect
the provision of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
1.27. In the case of cash payment or cash-on-delivery, the purchase price is due upon
receipt of the goods. In the case of a non-cash payment, the purchase price is due within 7 days of the conclusion of
the purchase agreement.
1.28. In the case of a non-cash payment, the buyer is obligated to pay the purchase price of the goods along
with the payment reference number. In the case of a non-cash payment, the
buyer’s
obligation
to pay the purchase price
is
fulfilled at the moment the relevant amount is credited to the
seller’s
account
.
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1.29. The seller is entitled, particularly if the buyer fails to provide subsequent
confirmation of the order, to demand payment of the full purchase price prior to shipping the goods
to the buyer. The provisions of Section 2119(1) of the Civil Code shall not apply.
1.30. Any discounts on the price of the goods granted by the seller to the buyer may not be combined.
1.31. If it is customary in business dealings or if so required by generally binding legal
regulations, the seller shall issue
a tax document—an invoice—to the buyer
for payments made under the purchase agreement
. The seller is not a value-added tax payer.
The seller will issue a tax document—an invoice—to the buyer after the price of the goods has been paid and will send it
in electronic form to the buyer’s email address.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
1.32. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things
,to withdraw from the purchase agreement:
1.32.1. a contract for the delivery of goods whose price depends on fluctuations in the financial market beyond
the seller’s control and which may occur during the withdrawal period,
1.32.2. for the delivery of alcoholic beverages, which may be delivered only after thirty
days
have elapsed
and whose price depends on fluctuations in the financial market beyond the control of
the seller,
1.32.3. regarding the delivery of goods that have been customized according to the buyer’s wishes or for the buyer’s
personal use
1.32.4. the delivery of goods that are perishable, as well as goods that, after
delivery,
have been
irrevocably mixed with other goods,
1.32.5. the delivery of goods in sealed packaging that the buyer has removed from the packaging and
that cannot be returned
for
hygienic reasons,
1.32.6. the delivery of audio or video recordings or computer programs,
provided the buyer has broken the original packaging,
1.32.7. the delivery of newspapers, periodicals, or magazines,
1.32.8. the delivery of digital content, provided it was not delivered on a tangible medium and was
delivered with the buyer’s prior express consent before the expiration of the period for
withdrawal from the contract and the seller informed the buyer prior to the conclusion of the contract that
in such a case the buyer has no right to withdraw from the contract.
1.33. Unless it is a case specified in these Terms and Conditions where
the
purchase
contract
cannot
be rescinded, the buyer has, in accordance with Section 1829(1) of the Civil Code,
the right to withdraw from the purchase contract within fourteen (14) days of receiving the goods; however
, if the purchase contract covers multiple types of goods or the delivery of multiple parts,
this period begins on the date of receipt of the last delivery of goods. Notice of withdrawal from the purchase agreement must
be sent to the seller within the period specified in the preceding sentence.
1.34. To withdraw from the purchase agreement, the buyer may use the sample form provided
by the seller (attached to these Terms and Conditions), which constitutes an appendix to
the Terms and Conditions. The buyer may send the notice of withdrawal from the purchase contract to the address of
the seller’s
place of business
or registered office. The provisions of these
8
Terms and Conditions
apply to the delivery of the notice of withdrawal
. The seller shall confirm
receipt
to the consumer without undue delay in
writing
.
1.35. In the event of withdrawal from the purchase agreement in accordance with these Terms and Conditions, the purchase agreement
is void ab initio. The goods must be returned
to the seller
within fourteen (14) days of the withdrawal from
the agreement. The goods must be sent by certified mail to the seller’s specified address;
we recommend that they be insured. Returned goods sent cash on delivery will not be accepted. If
the buyer
withdraws
from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller,
even if the goods cannot be returned
by
regular mail due to their nature
.
1.36. In the event of withdrawal from the contract in accordance with the Terms and Conditions, the seller shall refund
the funds received from the buyer within fourteen (14) days of
the buyer’s
withdrawal from the purchase contract
,
using the same method by which the seller received them from the buyer. The seller is
also entitled to refund the payment made by the buyer upon the buyer’s return of the goods or
by
other
means, provided the buyer agrees and no additional costs are incurred by the buyer as a result.
If the buyer withdraws from the purchase agreement, the seller is not obligated to refund
the
received
funds to the buyer until the buyer returns the goods to the seller or proves that the goods
have been shipped to the seller.
1.37. The seller is entitled to unilaterally set off a claim for compensation for damage to the goods against
the buyer’s claim for a refund of the purchase price.
1.38. Until the buyer takes possession of the goods, the seller is entitled
to withdraw
from the sales contract at any time
. In such a case, the seller shall refund the purchase price to the buyer without undue
oin writing, via bank transfer to the account specified by the buyer.
1.39. If a gift is provided to the buyer along with the goods, the gift agreement between the seller
and the buyer
is
concluded subject to the condition subsequent that, if the buyer withdraws from the purchase agreement
by the buyer, the gift agreement regarding such a gift shall cease to be effective, and the buyer is obligated
to return the gift provided to the seller along with the goods.
SHIPPING AND DELIVERY OF GOODS, DELIVERY TERMS
1.40. If the method of shipping is agreed upon based on a specific request by the buyer,
the buyer
bears
the risk and any additional costs associated with that method of shipping.
1.41. If
,
under the purchase agreement
,
the seller is obligated to deliver the goods to the location specified by the buyer
in the order, the buyer is obligated to accept the goods upon delivery.
1.42. If, for reasons attributable to the buyer
,
the goods must be delivered repeatedly or
by a method
other
than that specified in the order, the seller is entitled to require the buyer to pay
a contractual penalty of 120 CZK or reimbursement of the costs associated with repeated delivery
of the goods, or the costs associated with an alternative delivery method.
1.43. Upon receipt of the goods from the carrier, the buyer is required to check that the packaging is intact and, in
the event of any defects, to report this immediately to the carrier. If
the packaging
is found
to be
damaged
in a manner indicating unauthorized access to the shipment, the buyer is not required to
accept
the shipment from the carrier
.
1.44. Additional rights and obligations of the parties regarding the shipment of goods may be governed by
the Seller’s
special delivery terms
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, if issued by the Seller.
INFORMATION ON PRICE AND DELIVERY METHOD:
SHIPPING METHOD PRICE DELIVERY TIME
PICKUP (by arrangement) free of charge Immediately
CZECH POST (prepayment) shipping 70 CZK 48 hours
CZECH POST (cash on delivery) shipping 90 CZK + cash on delivery fee
50 CZK = total 150 CZK
48 hours
SHIPPING COMPANY
PPL (prepayment)
Shipping: 90 CZK; 24 hours
SHIPPING COMPANY
PPL (cash on delivery)
Shipping: 90 CZK + cash on delivery fee
60 CZK = total 150 CZK
24 hours
Delivery time is calculated from the time the package is shipped. Free shipping is available for orders of 2,000 CZK or more via Zásilkovna
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
1.45. The rights and obligations of the contracting parties regarding claims arising from defective performance are governed by
the
relevant generally
binding regulations (in particular the provisions of Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174
of the Civil Code).
1.46. The seller is liable to the buyer to ensure that the goods are free from defects at the time of acceptance. In particular
,
the seller
is liable to the buyer to ensure that, at the time the buyer accepted the goods:
1.46.1. the goods possess the characteristics agreed upon by the parties, and in the absence of such an agreement
,
possess
the characteristics described by the seller or manufacturer or those expected by the buyer with
regard to the nature of the goods and based on the seller’s or manufacturer’s advertising,
1.46.2. the goods are fit for the purpose stated by the seller or for
which goods of this type are customarily used,
1.46.3. the goods correspond in quality or workmanship to the agreed sample or model,
if the quality or workmanship was determined based on an agreed sample or model,
1.46.4. the goods are in the appropriate quantity, measure, or weight, and
1.46.5. the goods comply with the requirements of legal regulations.
1.47. The provisions set forth in these Terms and Conditions shall not apply to goods sold at
alower
price due to a defect for which the lower price was agreed upon, or to wear and tear of the goods caused by their
normal use; for used goods, a defect corresponding to the degree of use or wear and tear
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that the goods had at the time of acceptance by the buyer, or if it results from the nature of the goods.
1.48. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of
receipt.
1.49. The buyer shall assert rights arising from defective performance with the seller at the address of the seller’s place of business where
the complaint can be accepted in light of the range of goods sold, or, if applicable, at the seller’s registered office
or place of business. The moment the complaint is filed is deemed to be the moment when the seller
received the goods subject to the complaint from the buyer.
1.50. Additional rights and obligations of the parties related to the seller’s liability for defects may be governed by
the seller’s complaint policy.
ADDITIONAL RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
1.51. The buyer acquires ownership of the goods upon payment of the full purchase price of the goods
1.52. 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.
1.53.
The
Czech Trade
Inspectorate, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, website:
www.coi.cz
1.54. The Seller is authorized to sell goods based on a trade license. Trade
inspections are conducted by the competent trade licensing office within its jurisdiction. Supervision of the area of
personal data protection is carried out by the Office for Personal Data Protection.
The
Czech Trade
Inspectorate exercises, within a defined scope, supervision over compliance with, among other things, Act
No. 634/1992 Coll., on Consumer Protection, as amended.
1.55. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2)
of the Civil Code.
PROTECTION OF PERSONAL DATA
1.56. The protection of the 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.
1.57. The Buyer consents to the processing of the following personal data: first and last name,
residential
address
, identification number, tax identification number, email address, and telephone
number (hereinafter collectively referred to as “personal data”).
1.58. The Buyer consents to the processing of personal data by the Seller for the purposes of exercising the rights
and fulfilling the obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the Buyer selects
a
different
option, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending
information and commercial communications to the Buyer. Consent to the processing of personal data in
its entirety pursuant to this section is not a condition that would, in and of itself, prevent the conclusion
of the purchase agreement.
1.59. The Buyer acknowledges that they are obligated to provide their personal data (upon registration, in their user
account,
and
when placing an order via the store’s web interface)
and that they are obligated to inform the seller without undue delay of any changes to their
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personal data.
1.60. The seller may entrust the processing of the buyer’s personal data to a third party acting as
a processor. Except for persons transporting the goods, the seller will not
transfer
personal data
to third parties
without
the buyer’s prior consent.
1.61. Personal data will be processed for an indefinite period. Personal data will be processed
in electronic feither automatically or in printed form
or manually.
1.62. The Buyer confirms that the personal data provided is accurate and that he or she has been informed
that the provision of personal data is voluntary.
1.63. In the event that the buyer believes that the seller or processor is processing
the buyer’s personal data in a manner that violates the buyer’s right to privacy and personal life
or is contrary to the law—particularly if the personal data is inaccurate with respect to the purpose of its
processing, the buyer may:
1.63.1. request an explanation from the seller or the processor,
1.63.2. demand that the seller or the processor remedy the resulting situation.
1.64. If the buyer requests information regarding the processing of their personal data, the seller is obligated
to provide such information. The seller has the right, in exchange for providing the information referred to in the preceding sentence
,to request reasonable compensation not exceeding the costs necessary to provide the information.
SENDING MARKETING COMMUNICATIONS AND STORING COOKIES
1.65. The buyer agrees to receive information related to
the seller’s
goods, services, or business
at the buyer’s email address and further agrees to receive commercial
communications from the seller at the buyer’s email address.
1.66. The Buyer consents to the storage of so-called cookies on their computer. If it is
possible to make
a purchase on
the website and for the Seller to fulfill its obligations under the purchase agreement without
storing so-called cookies on the Buyer’s computer, the Buyer may
revoke
the consent given in the preceding sentence
at any time.
DELIVERY
1.67. Notices concerning the relationship between the Seller and the Buyer, particularly those regarding withdrawal from
the
purchase
agreement, must be delivered by mail in the form of a registered letter, unless
otherwise specified
in the purchase agreement
. Notices shall be delivered to the other party’s applicable contact address and
shall be deemed delivered and effective upon their delivery by mail, with the exception of
a notice of withdrawal from the contract issued by the buyer, in which case the withdrawal is effective if the
the notice is sent by the buyer within the withdrawal period.
1.68. A notice is also deemed to have been delivered if the addressee refused to accept it, if it was not
claimed within the holding period, or if it was returned as undeliverable.
1.69. The contracting parties may deliver routine correspondence to each other via
email, specifically to the email address specified in the
buyer’s
user account
or provided by the buyer in the order, or to the address listed on the seller’s
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website.
FINAL PROVISIONS
1.70. If the relationship established by the sales contract contains an international (foreign) element, the parties
agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights
arising from generally binding legal regulations.
1.71. If any provision of these Terms and Conditions is invalid or unenforceable, or
becomes
so
,
it shall be replaced by a provision whose meaning
most closely approximates
that of
the
invalid
provision. The invalidity or ineffectiveness of a single provision shall not
affect the validity of the remaining provisions. Amendments and additions to the purchase agreement or the
terms
and
conditions must be made in writing.
1.72. The sales contract, including the Terms and Conditions, is archived by the seller in electronic
form and is not accessible.
1.73. A sample form for the return of goods is attached to the Terms and Conditions.Withdrawal from the Purchase Agreement.
1.74. Seller’s contact information: mailing address Lidická 477, 252 63 Roztoky,
Address for exchanges and returns:
Pavel Dinčák, Solar Studio Top Sun, Terronská 5, 160 00 Prague 6
Email address: info@choppers-shop.cz, phone +420 737 275 827.
In Prague on July 7, 2016