Obchodní podmínky

Entrepreneur: Jitka Hršelová
address: Gočárova tř.516 / 18, 50002 Hradec Králové 2, Czech Republic
business address: Gočárova tř.516 / 18, 50002 Hradec Králové 2, Czech Republic
Id number: 49311816
Tax identification number: CZ7552113690
for the sale of goods in the online store www.latkyrudolf.cz

 

1. Introductory provisions

These business conditions of the entrepreneur Jitka Hršelová (hereinafter referred to as the "seller") regulate in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code") mutual rights and obligations of the parties context or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) through the seller's online store. The internet shop is operated by the seller at the web address www.latkyrudolf.cz (hereinafter referred to as the "website"), through the interface of the website. The business conditions do not apply to cases where the buyer is a legal entity or a person who acts when ordering goods in the course of its business activities. The provisions of the business conditions are an integral part of the purchase contract. 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 period of validity of the previous version of the terms and conditions.

 

2. User account

2.a. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the web interface of the store.

2.b. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account when they change. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller.

2.c. Access to the user account is secured by a username and password. The buyer is obliged to maintain the confidentiality of access information to his user account.

2.d. The buyer is not entitled to allow the use of the user account to third parties.

2.e. The seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).

2.f. The Buyer acknowledges that the user account may not be available around the clock, especially due to the necessary maintenance of the hardware and software equipment of the Seller.

 

3. Purchase contract

3.a.1. The presentation of goods in the web interface of the store is of an informative nature. The seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.a.2. The seller is entitled to set the maximum quantity of goods that he sends in the 1st order / for 1 postage.

3.b. The web interface of the store contains information about the goods, including prices. Prices of goods are listed including value added tax. The prices of the goods remain valid as long as they are displayed in the web interface of the store. The seller is entitled to conclude a purchase contract even under individually agreed conditions.

3.c. The web interface of the store also contains information on the amount of costs for packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods provided in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.d. In order to order goods, the buyer fills in the order form in the web interface of the store. The order form contains information about:

3.d.1. Ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart),

3.d.2. The method of payment of the purchase price of the goods,

3.d.3. Data on the required method of delivery of the ordered goods,

3.d.4. Information on costs associated with the delivery of goods (hereinafter collectively referred to as "order")

3.e. Before sending the order to the seller, the buyer is allowed to check and change the order data. The buyer sends the order to the seller by clicking on the "send order" button. The seller considers the data stated in the order to be correct. 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.f. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.g. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.h. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract shall be borne by the buyer.

 

4. Price of goods and Payment terms

4.a. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order
- cashless transfer to the seller's account No. 2700114905/2010
- cashless payment card
- or if so expressly agreed between the seller and the buyer by special arrangement, in cash at the seller's premises.

4.b. Along with the purchase price, the buyer is obliged to pay the seller the cost of packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.c. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable by the date stated on the invoice.

4.d. In the case of non-cash payment, the buyer is obliged to state the variable payment symbol (order number) when paying the purchase price of the goods. 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.e. The seller is entitled to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.

4.f. In the case of the payment condition Payment in advance to the account or payment by card, it is:
-the goods are reserved for the buyer only after the relevant amount has been credited to the seller's account,
-The period for crediting the relevant amount to the seller's account 7 days from the date of sending the order to the buyer, if no funds are credited within this period, the order is automatically canceled.

 

5. Withdrawal from the purchase contract

5.a. The buyer acknowledges that according to § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the buyer's wishes - ie individually cut footage - from the purchase contract for the supply of goods in closed packaging removed from the packaging and for hygienic reasons it is not possible to return it.

5.b. If this is not the case referred to in Article 5.a. or in another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract within 14 days of receipt of the goods in accordance with the provisions of § 1829 paragraph 1 of the Civil Code. In the case of gradual delivery of goods, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller in the appendix. Withdrawal from the purchase contract must be sent by the buyer to the address of the seller's office.

5.c. In the event of withdrawal from the purchase agreement, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within 14 days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller. The Seller shall return to the Buyer all funds, including delivery costs, which he has received from him on the basis of the purchase contract.

5.d. In the event of withdrawal from the contract, the seller will return the funds received from the buyer within 14 days of withdrawal from the purchase contract by the buyer. In the event of withdrawal from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.

5.e. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.

5.f. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In this case, the seller will return the purchase price to the buyer without undue delay.

5.g. An untying condition applies to the possible provision of a gift to the buyer. If the buyer withdraws from the purchase contract, the buyer is obliged to return the gift to the seller together with the goods.

Sample withdrawal form

 

6. Transport and delivery of goods

6.a. The seller will deliver the goods to the place specified by the buyer in the order. The buyer is obliged to take over the goods upon delivery.

6.b. In the event that the goods for reasons on the part of the buyer must be delivered repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery, or. costs associated with another method of delivery.

6.c. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods before taking over the shipment. In the event of a breach of the packaging of the goods without breaking the goods, the buyer will take over the goods and write a record of the breach of the packaging of the consignment with the carrier with the signature of the carrier and the buyer. In the event of a breach of packaging and damage to the goods, the buyer and the carrier shall draw up a record of the breach of packaging and damage to the goods and may not take over the consignment from the carrier. The buyer shall immediately provide the seller with information about the damage and the shipment and send him, upon request, a record of the damage to the shipment drawn up with the carrier.

6.d. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller.

 

7. Rights from Defective Performance

7.a. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant binding legal regulations, in particular the provisions of  § 1914 to 1925,  § 2099 to 2117 and  § 2161 to 2174 of the Civil Code.

7.b. The seller is responsible for ensuring that the goods are free of defects when taken over by the buyer. In particular, the seller responds that the goods:
- has the characteristics agreed upon by the parties, or has the characteristics described by the seller or manufacturer,
- is fit for the purpose stated by the seller for its use or for which goods of this kind are normally used,
- corresponds to the quality of the contracted sample, if the quality has been determined on the basis of the contracted sample,
is in an appropriate quantity, measure or weight, and
- complies with the requirements of legal regulations.

7.c. In the case of goods sold at a lower price, Article 7.b. does not apply to the defect for which the lower price was agreed.

7.d. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt. The buyer is entitled to exercise the right to a defect in consumer goods within 2 years of receipt of the goods.

7.e. The rights arising from defective performance are exercised by the buyer at the seller's address. If this is not possible, then at the registered office or place of business. The moment of the complaint is considered to be the moment when the Buyer blamed the Seller for the defect.

7.f. If the complaint is assessed as justified, we will send you new goods at our expense. If it is no longer in stock and it is not possible to secure it, the purchase price will be refunded. If the complaint is assessed as unjustified, the goods will be sent back to you at the expense of the recipient.

7.g. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.

 

8. Out-of-court settlement of consumer disputes - ADR

In the event that a consumer dispute arises between the Seller and the Buyer (Consumer) from the purchase contract or the contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may file a proposal for out-of-court settlement of such a dispute Yippee:

the Czech trade inspection
Central Inspectorate - ADR Department
Štěpánská 15
12000 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz

The online dispute resolution platform was launched by the European Commission at http://ec.europa.eu/consumers/odr/

 

9. Other rights and obligations of the contracting parties

9.a. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

9.b. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.

9.c. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.

9.d. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.

 

10. Protection of personal data

10.a. The protection of personal data of a buyer who is a natural person is regulated by Act No. 101/2000 Coll. on the protection of personal data.

10.b. The buyer expressly agrees to the processing of his personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number, or date of birth, if provided. (hereinafter referred to as "personal data").

10.c. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.

10.d. The Buyer acknowledges that he is obliged to state his personal data correctly and truthfully when registering in his user account and / or when ordering from the web interface of the store and that he is obliged to inform the Seller without undue delay of any change in his personal data.

10.e. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties without the prior consent of the buyer.

10.f. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner. Personal data will be processed indefinitely.

10.g. The buyer confirms that the personal data provided is accurate and that he has been informed that the provision of personal data is voluntary.

10.h. In case of suspicion that the seller or processor performs the processing of his personal data in violation of the protection of the buyer's private and personal life or in violation of the law, or if the personal data are inaccurate with regard to the purpose of their processing,
- ask the seller or processor for an explanation,
- require the seller or processor to remedy the situation thus created.

10.i. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand reasonable payment for providing this information.

10.j. The operator is entitled to pass on personal data of customers in the range of e-mail addresses used in purchases on the website of the online store, the operator of the portal Heureka.cz for generating and sending satisfaction questionnaires with purchases . The operator of the Heureka.cz portal is in the position of a processor of personal data in the sense of § 6 of Act no. No. 101/2000 Coll. on the protection of personal data. Sending e-mail addresses applies to all customers who have not expressed their disagreement with the sending of commercial communications in the sense of § 7 paragraph 3 of Act no. No. 480/2004 Coll. about some information society services, and is done after each purchase on the online store. The operator of the Heureka.cz portal is entitled to use the submitted e-mail address exclusively for the purpose of generating and sending the satisfaction questionnaire, in the sense of the Terms and Conditions of the Verified by Customers program available at https://sluzby.heureka.cz/napoveda/podminky-a-dulezite-dokumenty / The operator of the Heureka.cz portal retains the transmitted e-mail addresses for the period during which our company is included in the program verified by customers, or for the period during which the customer expresses his disagreement with sending business messages to our company or directly to the operator of the Heureka.cz portal. for which he is given the opportunity in each individual questionnaire.

 

11. Storing cookies

The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.

 

12. Delivery

It can be delivered to the buyer to the buyer's email address.

 

13. Ordering with delivery abroad

Customers with a place of delivery in Poland are obliged to place an order in the Polish version of the e-shop.
Customers with a place of delivery in Slovakia are obliged to place an order in the Slovak version of the e-shop.
Customers from other countries place an order by prior agreement with the seller. In this case, the postage will be agreed individually, according to the scope of the shipment.

 

14. Copyright

All photos and texts on www.latkyrudolf.cz are protected by copyright according to Act 121/2000 Coll. and copying is prohibited.

 

15. Final Provisions

15.a. All rights and obligations of the contracting parties are governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.

15.b. In the event of the invalidity or ineffectiveness of any provision of the Terms and Conditions, the invalid provision shall be replaced by a provision which, as far as possible, is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

15.c. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.

15.d.Contact details of the seller: Jitka Hršelová, shop of fabrics and haberdashery, Gočárova třída 516/18, 50002 Hradec Králové 2.

According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, the seller is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.

These Business conditions applies to natural persons non-entrepreneur.