Business terms and conditions

Zdeněk Rež

form: self-employed individual

registered office: Srbice 160, 415 01 Teplice

Trade Licensing Office Teplice, ref. no. 05/08098Ryš, reg. no. 350901-8805-00

identification number: 483 17 276

VAT ID: CZ721202840

for the sale of goods via the online store located at www.vratovypohon.cz

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as the „Terms and Conditions“) of the business operated by , with its registered office at , identification number: , registered in the Commercial Register kept by , section , insert (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 contract (hereinafter referred to as the „Purchase Agreement“) concluded between the Seller and a consumer (hereinafter referred to as the „Buyer“) through the Seller's online store. The online store is operated by the Seller on the website located at (hereinafter referred to as the „Website“), via the interface of the Website (hereinafter referred to as the „Web Interface of the Store“).

1.2. The 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 within their business activity or within the scope of their independent professional practice.

1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. The deviating provisions in the Purchase Agreement take precedence over the provisions of the 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 the Czech language.

1.5. The Seller may amend or supplement the wording 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.

2. USER ACCOUNT

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can place orders for goods (hereinafter referred to as the „User Account“). If allowed by the Web Interface of the Store, the Buyer may also order goods without registration directly through the Web Interface of the Store.

2.2. During registration on the Website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account upon any change. The information provided by the Buyer in the User Account and when ordering goods is 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 their User Account.

2.4. The Buyer is not entitled to allow third parties to use the User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used the User Account for a longer period of time, or if the Buyer breaches their obligations under the Purchase Agreement (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 the necessary maintenance of hardware and software of third parties.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. All 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 Agreement regarding such goods. The provision of Section 1732(2) of the Civil Code shall not apply.

3.2. The Web Interface of the Store contains information about goods, including the prices of individual goods. Prices are listed including value-added tax and all related charges. Prices remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller’s right to conclude a Purchase Agreement under individually agreed conditions.

3.3. The Web Interface of the Store also contains information about the costs associated with packaging and delivery of goods. The information about costs associated with packaging and delivery applies only in cases where goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains in particular information about:

• 3.4.1. the goods being ordered (the Buyer "places" the goods into the electronic shopping cart on the Web Interface of the Store),
• 3.4.2. the method of payment for the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
• 3.4.3. information on 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 modify the data entered in the Order, including the ability to detect and correct errors made when entering data. The Buyer sends the Order to the Seller by clicking on the “Order” button. The information stated in the Order is considered correct by the Seller.

3.6. Sending the Order is considered an act of the Buyer that clearly identifies the ordered goods, the purchase price, the Buyer, the payment method, and is a binding proposal to conclude a Purchase Agreement for the contracting parties. A prerequisite for the validity of the Order is the completion of all mandatory fields in the order form, acquaintance with these Terms and Conditions available on the Website, and the Buyer's confirmation that they have read and agreed to them.

3.7. The Seller shall confirm receipt of the Order to the Buyer without undue delay by email, sent to the Buyer’s email address specified in the User Interface or in the Order (hereinafter referred to as the "Buyer's Email Address").

3.8. The Seller is always entitled, depending on the nature of the Order (quantity of goods, purchase price, expected shipping costs), to ask the Buyer for additional confirmation of the Order (e.g., in writing or by phone).

3.9. The proposal to conclude the Purchase Agreement in the form of an Order is valid for fifteen days.

3.10. The contractual relationship between the Seller and the Buyer is established upon delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by email, to the Buyer's Email Address.

3.11. If the Seller is unable to fulfill any of the requirements stated in the Order, they shall send the Buyer a modified offer to the Buyer's Email Address with suggestions for alternative options and request the Buyer’s opinion.

3.12. The modified offer is considered a new proposal for a Purchase Agreement, and the Purchase Agreement is concluded only upon the Buyer's acceptance sent via email.

3.13. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Agreement (internet connection fees, telephone call charges) are borne by the Buyer, and these costs do not differ from the standard rate.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The Buyer may pay the price of the goods and any costs related to the delivery of the goods under the Purchase Agreement to the Seller using the following methods:

• 4.1.1. in cash at the Seller’s premises at: New Showroom Rež – LOMAX, Staré Srbice, 415 01 Teplice;
• 4.1.2. in cash on delivery at the location specified by the Buyer in the Order;
• 4.1.3. by bank transfer to the Seller’s CZK account No. 2112731026/2700 held at Unicredit Bank (hereinafter referred to as the "Seller’s Account");
• 4.1.4. by bank transfer to the Seller’s EUR account No. 8450986010/2700, IBAN: CZ8527000000008450986010 held at Unicredit Bank.

4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs related to packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the delivery costs.

4.3. The Seller does not require the Buyer to pay a deposit or any similar payment in advance. This does not affect the provisions of Article 4.6 of these Terms and Conditions concerning the obligation to pay the purchase price in advance.

4.4. In the case of cash payment 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 3 days of the conclusion of the Purchase Agreement.

4.5. In the case of non-cash payment, the Buyer is obliged to include the variable symbol when making the 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 fails to confirm the Order additionally (Article 3.6), to demand full payment of the purchase price before shipping the goods to the Buyer. The provision of Section 2119(1) of the Civil Code shall not apply.

4.7. Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.

4.8. If customary in commercial practice or required by generally binding legal regulations, the Seller shall issue the Buyer a tax document – invoice – regarding payments made under the Purchase Agreement. The Seller is a VAT payer. The tax document – invoice – shall be issued by the Seller to the Buyer after payment of the purchase price and sent in electronic form to the Buyer's Email Address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

sample-withdrawal-form

5.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract in particular in the following cases:

• 5.1.1. for the supply of goods whose price depends on fluctuations of the financial market independent of the seller’s will and which may occur during the withdrawal period,
• 5.1.2. for the delivery of alcoholic beverages which can only be delivered after thirty days and whose price depends on fluctuations of the financial market independent of the seller’s will,
• 5.1.3. for the supply of goods that were customized according to the buyer’s wishes or for the buyer personally,
• 5.1.4. for the supply of goods that are perishable or goods that were irreversibly mixed with other goods after delivery,
• 5.1.5. for the supply of sealed goods which were unsealed by the buyer and cannot be returned for hygienic reasons,
• 5.1.6. for the supply of audio or video recordings or computer software, if the original seal was broken, hardware
• 5.1.7. for the supply of newspapers, periodicals, or magazines,
• 5.1.8. for the supply of digital content not delivered on a tangible medium, if delivery began with the buyer’s prior express consent before the expiry of the withdrawal period and the seller informed the buyer that he thereby loses the right to withdraw from the contract,
• 5.1.9. and also if the goods are used or damaged to an extent that prevents their resale as “new goods.”

5.2. If none of the cases in Article 5.1 apply, and unless otherwise stipulated, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code within fourteen (14) days of receiving the goods. If the contract concerns several types of goods or parts delivered separately, the withdrawal period begins on the day of receipt of the last delivery. The withdrawal must be sent to the seller within this time period.

5.3. To withdraw from the contract, the buyer may use the sample form provided by the seller, which is an annex to these terms and conditions. Withdrawal may be sent to the seller’s registered office or place of business. Article 11 of these terms and conditions applies to the delivery of the withdrawal notice.

5.4. In the event of withdrawal under Article 5.2, the purchase contract is void from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal. The buyer bears the costs of returning the goods, even if the goods cannot be returned by standard postal means due to their nature.

5.5. If the buyer withdraws from the purchase contract under Article 5.2, the seller shall return all received payments to the buyer within fourteen (14) days of withdrawal, using the same method by which the payment was received. The seller may also return the payment upon receiving the goods or in another manner agreed with the buyer, provided it incurs no additional costs for the buyer. The seller is not obliged to return the payment before the buyer returns the goods or proves that they have been sent back.

5.6. The seller is entitled to unilaterally set off any claim for damage caused to the goods against the buyer’s claim for a refund of the purchase price.

5.7. Until the buyer receives the goods, the seller may withdraw from the purchase contract at any time. In such a case, the seller shall refund the purchase price without undue delay, via bank transfer to an account designated by the buyer.

5.8. If the buyer receives a gift along with the goods, the gift agreement is concluded with a condition subsequent. This means that if the buyer withdraws from the purchase contract, the gift agreement ceases to be effective and the buyer is obliged to return the gift together with the goods.

5.9. A fee of CZK 200 per item is charged for returns due to the necessary visual inspection and repackaging of the returned goods.

6. Transport and Delivery of Goods

6.1. If the delivery method was arranged at the buyer’s specific request, the buyer bears the risk and any additional costs associated with that delivery method.

6.2. If, under the purchase contract, the seller is obliged to deliver goods to a location specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. If, due to reasons on the buyer’s side, the goods must be delivered repeatedly or in a manner different from that specified in the order, the buyer shall bear the costs associated with such repeated or alternative delivery.

6.4. Upon receiving the goods from the carrier, the buyer must check the integrity of the packaging and report any defects to the carrier immediately. If the buyer notices damage to the packaging indicating unauthorized entry into the shipment, they are not required to accept it.

7. Rights Arising from Defective Performance

7.1. The rights and obligations of the parties regarding defective performance are governed by applicable legislation (particularly Sections 1914–1925, 2099–2117, and 2161–2174 of the Civil Code).

7.2. The seller is responsible to the buyer for ensuring that the goods are free from defects upon receipt. Specifically, the seller guarantees that at the time of delivery the goods:

• 7.2.1. have the characteristics agreed between the parties, or, in the absence of such agreement, the characteristics described by the seller or manufacturer or expected by the buyer given the nature of the goods and advertising,
• 7.2.2. are suitable for the purpose specified by the seller or for the usual purpose of such goods,
• 7.2.3. match the quality or design of the agreed sample or template, if the quality or design was determined by such sample or template,
• 7.2.4. are in the appropriate quantity, size, or weight, and
• 7.2.5. comply with the requirements of legal regulations.

7.3. The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to wear and tear of the goods caused by normal use, to defects in used goods corresponding to the level of use or wear and tear that the goods had when received by the buyer, or where it follows from the nature of the goods.

7.4. If a defect appears within six months of receipt, the goods shall be deemed to have been defective upon receipt.

7.5. The buyer shall exercise rights arising from defective performance with the seller at the address of the seller's premises, where acceptance of the complaint is possible with regard to the range of goods sold, or possibly also at the registered office or place of business. The moment of lodging the complaint shall be considered the moment the seller receives the returned goods from the buyer.

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

8. Other Rights and Obligations of the Contracting Parties

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

8.2. 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.

8.3. The seller ensures out-of-court settlement of consumer complaints via the email address . Information about the handling of the buyer's complaint will be sent by the seller to the buyer's email address.

8.4. The seller is entitled to sell goods based on a trade license. Trade licensing control is carried out within its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.5. The buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal Data Protection

9.1. The protection of the personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.

9.2. The buyer agrees to the processing of the following personal data: name and surname, home address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as “personal data”).

9.3. The buyer agrees to the processing of personal data by the seller for the purposes of exercising rights and obligations under the purchase contract and for the purposes of maintaining a user account. Unless the buyer chooses otherwise, the buyer also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications. Consent to the processing of personal data to the full extent under this article is not a condition that would in itself make it impossible to conclude a purchase contract.

9.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully (during registration, in their user account, when ordering from the web interface of the store) and that they are obliged to update their personal data without undue delay if it changes.

9.5. The seller may entrust the processing of personal data of the buyer to a third party as a processor. Apart from persons delivering the goods, the personal data will not be disclosed to third parties without the prior consent of the buyer.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7. The buyer confirms that the provided personal data is accurate and that they have been informed that the provision of personal data is voluntary.

9.8. If the buyer believes that the seller or processor (Article 9.5) is processing their personal data in a way that is contrary to the protection of the buyer's private and personal life or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of its processing, the buyer may:

• 9.8.1. request an explanation from the seller or processor,
• 9.8.2. request that the seller or processor remedy the situation.

9.9. If the buyer requests information about the processing of their personal data, the seller is obliged to provide such information. The seller is entitled to demand a reasonable fee not exceeding the costs necessary to provide the information.

10. Sending Commercial Messages and Storing Cookies

10.1. The buyer agrees to receive information related to the seller's goods, services, or business at the buyer's email address, and also agrees to receive commercial messages from the seller at the buyer's email address.

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

11. Delivery

11.1. Notices regarding the relationship between the seller and the buyer, particularly notices of withdrawal from the purchase contract, must be delivered by post in the form of a registered letter, unless otherwise specified in the purchase contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed delivered and effective at the moment of their delivery by post, except in the case of withdrawal from the contract by the buyer, where the withdrawal is effective if the notice is sent by the buyer within the withdrawal period.

11.2. A notice shall also be deemed delivered if its receipt was refused by the addressee, if it was not collected during the storage period, or if it was returned as undeliverable.

11.3. The parties may deliver routine correspondence to each other via email, to the email address specified in the buyer’s user account or given by the buyer in the order, or to the address provided on the seller’s website.

12. Final Provisions

12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the rights of consumers arising from generally binding legal regulations.

12.2. If any provision of the terms and conditions is invalid or ineffective, or becomes such, the invalid provision shall be replaced by a provision whose meaning 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. Amendments and supplements to the purchase contract or the terms and conditions require written form.

12.3. The purchase contract including the terms and conditions is archived by the seller in electronic form and is not accessible.

12.4. An annex to the terms and conditions consists of a sample form for withdrawal from the purchase contract.

12.5. Seller's contact details: delivery address , email address , telephone.

13. Explanation of Product Availability

13.1. If a product is marked as "in stock", it means it is in an external warehouse.

13.2. If a product is marked as "on request", it means we must inquire with the supplier about its availability.