Obchodní podmínky podnikatele
Filip Tomáš – Akropolis
with registered offices at Na Plzeňce 2/1235, 150 00 Prague 5;
Company Registration No.: 86603850;
business premises and contact address: Horní náměstí 170/24, 746 01 Opava;
for the sale of goods via the online shop under the internet address https://eshop.czechstepbystep.cz/
1.1. These Commercial Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of entrepreneur Filip Tomáš – Akropolis, with registered offices at Na Plzeňce 2/1235, 150 00 Prague 5, Company Registration No.: 86603850 (hereinafter referred to as the "Seller") regulate, in compliance with Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, the mutual rights and obligations of the Parties arising in relation to or on the basis of a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and a third party (hereinafter referred to as the "Buyer") via the online shop of the Seller. The online shop is operated by the Seller under the internet address https://eshop.czechstepbystep.cz/ (hereinafter referred to as the "Website") by the means of the website interface (hereinafter referred to as the "Store Web Interface").
1.2. These Terms and Conditions do not apply to cases where the entity intending to purchase goods from the Seller is a legal entity or a person acting within their business activity or within their self-employment when ordering the goods.
1.3. Provisions that diverge from these Terms and Conditions may be negotiated in a Purchase Agreement. Diverging provisions in a Purchase Agreement take precedence over the provisions in these Terms and Conditions.
1.4. The provisions in these Terms and Conditions form an integral part of a Purchase Agreement. The Purchase Agreement and Terms and Conditions are prepared in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.5. The Seller reserves the right to change or amend these Terms and Conditions. This provision is without prejudice to the rights and obligations that arise during the period the previous version of the Terms and Conditions was in effect.
2. USER ACCOUNT
2.1. The Buyer, upon registration through the Website, may access their user interface (hereinafter referred to as the "User Account"). The Buyer may order goods through their User Account. If the web interface allows it, the Buyer may also order goods without registration directly through the Store Web Interface.
2.2. When registering on the Website and ordering goods, the Buyer is obliged to state correctly and truthfully all required data. The Buyer is obliged to update the data held in the User Account on a regular basis with regards to any changes thereto. The data stated by the Buyer in the User Account and when ordering goods are deemed by the Seller to be correct.
2.3. Access to the User Account is secured by a user login and password. The Buyer is obliged to keep the information for accessing their User Account confidential.
2.4. The Buyer is not entitled to allow third parties to make use of their User Account.
2.5. The Seller may cancel a User Account, especially in cases where the Buyer does not use the User Account for more than 12 months or when the Buyer breaches their obligations arising from a Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account does not have to be continuously accessible, especially with regards to the necessary maintenance of the hardware and/or software of the Seller, or, for example, the necessary maintenance of the hardware and/or software of third parties.
3. CONCLUDING A PURCHASE AGREEMENT
3.1. All presentations of goods on the Store Web Interface are only informative. The Seller is not obliged to enter into any Purchase Agreement regarding these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The Store Web Interface contains information on goods, including the prices of individual goods and the costs for returning goods, if the nature of the goods precludes returning them by standard postal services. The prices of goods are listed including VAT and all associated fees. The prices of goods remain in effect for the time they are displayed on the Store Web Interface. This provision is without prejudice to the possibility of the Seller entering into a Purchase Agreement under individually negotiated terms.
3.3. The Store Web Interface also contains information on the costs associated with the packing and shipment of the goods. The information on the costs associated with the packing and shipment of goods stated on the Store Web Interface only applies to goods that are to be delivered within the territory of the Czech Republic.
3.4. To order the goods, the Buyer must fill out the Order Form on the Store Web Interface. The Order Form contains in particular information on the:
3.4.1. ordered goods (the Buyer "puts" the goods into the electronic shopping cart on the Store Web Interface);
3.4.2. method of payment of the purchase price of the goods, and the method of shipment thereof; and the
3.4.3. costs associated with the shipment of the goods (hereinafter jointly referred to as the "Order").
3.5. Prior to sending the Order to the Seller, the Buyer is given the option to check and change the information in the Order, namely with regards to the possibility of the Buyer to identify and correct any mistakes made when entering data in the Order. The Buyer sends the Order to the Seller by clicking the button "Finish order!" . The data stated in the Order are always deemed to be correct by the Seller. The Seller confirms receipt of the Order to the Buyer by electronic mail to the Buyer's electronic address (hereinafter referred to as "Buyer's Electronic Address"), as stated in the User Account or Order, immediately after receiving the Order.
3.6. The Seller is always entitled, based on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for subsequent confirmation of the Order (e.g. in writing or by telephone).
3.7. The contractual relationship between the Buyer and the Seller is established upon delivery of the Order confirmation, which is sent by the Seller to the Buyer by electronic mail to the Buyer's Electronic Address.
3.8. The Buyer consents to the use of remote means of communication when entering into a Purchase Agreement. The costs incurred by the Buyer in relation to the use of remote means of communication in relation to entering into a Purchase Agreement (cost of internet connection, phone call costs) will be borne by the Buyer, insofar as these costs do not differ from the basic rates.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The Buyer can pay the purchase price of the goods and any eventual costs associated with the delivery of the goods according to the Purchase Agreement in one of the following ways:
by bank transfer into the Seller's bank account no., at (hereinafter referred to as "Seller's Account");
non-cash transfer through a payment system GoPay or PayPal;
by payment card.
4.2. In addition to the purchase price, the Buyer is also obliged to pay the Seller the agreed costs associated with the packing and shipment of the goods. Unless expressly stipulated otherwise, the purchase price will be deemed to include the costs associated with the shipment of the goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to Art. 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods by bank transfer.
4.4. For cash payments or cash on delivery, the purchase price is payable at the moment of handover of the goods. For cashless payments, the purchase price is payable within 5 days after the Purchase Agreement is concluded.
4.5. For cashless payments, the Buyer is obliged to pay the purchase price of the goods using the specified payment reference (variable symbol). For cashless payments, the obligation of the Buyer to pay the purchase price is fulfilled at the moment the respective amount is credited to the Seller's Account.
4.6. The Seller is entitled, especially when the Buyer fails to subsequently confirm the Order (Art. 3.6), to require payment of the whole purchase price prior to sending the goods to the Buyer. Section 2119 (1) of the Civil Code does 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 it is common practice in business relations, or if it is stipulated under applicable legislation, the Seller will issue the Buyer a tax document – invoice regarding the payments made on the basis of a Purchase Agreement. The tax document – invoice will be issued by the Seller to the Buyer after the purchase price of the goods is paid and will be sent to the Buyer's Electronic Address.
5. WITHDRAWAL FROM A PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to Section 1837 of the Civil Code, they may not, among other things, withdraw from a Purchase Agreement for the delivery of goods which were customised according to the Buyer's instructions or for the Buyer personally, from a Purchase Agreement for the delivery of perishable products, as well as of goods that were irreversibly mixed with other goods, from a Purchase Agreement for the delivery of goods in a sealed package which the Buyer unpacked and for hygiene reasons it is not possible to re-pack, and from a Purchase Agreement for the supply of audio or visual recordings or a computer programme, if the original packaging was breached.
5.2. In cases other than those referred to in Art. 5.1, or where withdrawal from a Purchase Agreement is not possible, the Buyer is entitled to withdraw from a Purchase Agreement pursuant to Section 1829 (1) of the Civil Code within fourteen (14) days after delivery of the goods, whereby the time limit for a Purchase Agreement that involves several types of goods or the delivery of several parts starts on the day the last part of the goods was delivered. The notice of withdrawal from a Purchase Agreement must be sent to the Seller within the period stated in the previous sentence. The Buyer can use the sample form attached to these Terms and Conditions to withdraw from a Purchase Agreement. The Buyer can send the notice of withdrawal from a Purchase Agreement to either the business premises of the Seller or to the electronic address of the Seller.
5.3. In cases of withdrawal from a Purchase Agreement according to Art. 5.2 of these Terms and Conditions, the Purchase Agreement is nullified ex tunc (from the beginning). The goods must be returned to the Seller within fourteen (14) days from the date of withdrawal from the Purchase Agreement. If the Buyer withdraws from a Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by standard postal services due to the nature of the goods.
5.4. In cases of withdrawal from a Purchase Agreement according to Art. 5.2 of these Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the date of withdrawal from the Purchase Agreement by the Buyer in the same manner in which they accepted the payment from the Buyer. The Seller is also entitled to return the payment provided by the Buyer at the moment the Buyer returns the goods or in another manner, if the Buyer consents thereto and if no additional costs arise to the Buyer. If the Buyer withdraws from a Purchase Agreement, the Seller is not obliged to return the money accepted from the Buyer before the Buyer returns the goods or proves they have sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally set off their claim for compensation for damage caused to the goods against the claim of the Buyer for the return of the purchase price.
5.6. Until the Buyer takes over the goods, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such cases, the Seller will return the purchase price to the Buyer without undue delay by wire transfer to the bank account number designated by the Buyer.
5.7. In cases where the Buyer receives a free gift with the goods, the deed of gift between the Seller and the Buyer is concluded on the condition that if the Buyer withdraws from the Purchase Agreement, the deed of gift regarding the free gift is nullified and the Buyer is obliged to return the free gift along with the goods to the Seller.
6. SHIPMENT AND DELIVERY OF GOODS
6.1. If the agreed mode of shipment is based on the special requirements of the Buyer, the Buyer bears the risk and possible additional costs associated with this mode of shipment.
6.2. If, under the Purchase Agreement, the Seller is obliged to deliver the goods to a place designated by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, the goods need to be delivered repeatedly or in another manner than stated in the Order, the Buyer will be obliged to pay the costs associated with the repeated delivery, or as the case may be, another manner of delivery.
6.4. Upon receipt of the goods from the freight carrier, the Buyer is obliged to check the integrity of the packaging and in case of any defects, is obliged to notify the freight carrier immediately. If the packaging is found to be breached, which is evidence of unauthorised tampering with the shipment, the Buyer does not have to accept the shipment from the freight carrier.
6.5. Other rights and obligations of the parties associated with the shipment of goods may be regulated in special shipping terms and conditions of the Seller, if issued by the Seller.
7. RIGHTS ARISING FROM DEFECTIVE PRODUCT LIABILITY
7.1. The rights and obligations of the Parties regarding the rights arising from defective performance will be governed by the applicable legislation (in particular Section 1914 to 1915, Section 2099 to 2161 and Section 2174 of the Civil Code).
7.2. The Seller is liable towards the Buyer for the goods to be free of defects at the moment of takeover. The Seller is in particular liable for the following towards the Buyer at the time of takeover of the goods by the Buyer:
7.2.1. the goods have the properties agreed by the Parties, and if no such properties were agreed, that the goods have the properties described by the Seller or the manufacturer or expected by the Buyer with regards to the nature of the goods and based on the advertising of the Seller and the manufacturer;
7.2.2. the goods are fit for the purpose stated by the Seller or the purpose this type of goods are usually used for;
7.2.3. the goods correspond in quality or execution with an agreed sample or model, if the quality or execution was determined according to an agreed sample or model;
7.2.4. the goods are in the appropriate quantity, metrics or weight; and
7.2.5. the goods comply with the requirements of applicable legislation.
7.3. The provisions stated in Art. 7.2 of these Terms and Conditions do not apply to goods sold for a lower price because of a defect, for which the lower price was agreed, to the wear and tear of goods caused by regular use, and in the case of used goods, to defects corresponding to the amount of use or to the wear and tear the goods had at the time of takeover by the Buyer, or if it is implied by the nature of the goods.
7.4. If the defect appears within six months after the takeover of the goods, the goods are deemed to have already been defective at the time of handover. The Buyer is entitled to assert their rights arising from a defect in consumer goods within twenty-four months of their takeover.
7.5. The Buyer asserts their rights arising from defective performance at the address of the Seller's business premises, where the claim may be accepted with regards to the category of goods sold, or as the case may be, at the Seller's registered offices or place of business. The assertion of the claim is deemed to have taken place at the moment the Seller received the goods from the Buyer.
7.6. Other rights and obligations of the Parties associated with the liability of the Seller for defects may be stipulated in the Warranty and Returns Policy of the Seller.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer assumes ownership of the goods upon full payment of the purchase price of the goods.
8.2. The Seller is not bound to the Buyer by any codes of conduct within the sense of Section 1826 (1) e) of the Civil Code.
8.3. The out-of-court settlement of consumer complaints is conducted by the Seller through their electronic address. Information on the execution of complaints of the Buyer will be sent by the Seller to the Buyer's Electronic Address.
8.4. The Seller is entitled to sell the goods by virtue of their trade license. Trade inspections are conducted by the relevant Trade Licensing Office. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection is responsible, to the stipulated extent, for supervision of, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer hereby assumes the risk of change of circumstances within the sense of Section 1765 (2) of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. Protection of the personal data of the Buyer, who is a natural person, is secured by Act No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The Buyer agrees with the processing of the following personal data: name and surname; place of residence; identification number; tax identification number; electronic address; phone number (hereinafter jointly referred to as "Personal Data").
9.3. The Buyer agrees with the processing of their Personal Data by the Seller for the purpose of realising the rights and obligations arising from a Purchase Agreement and for the purpose of managing the User Account. Unless the Buyer selects another option, they consent with the processing of their Personal Data by the Seller also for the purpose of sending information and business notifications to the Buyer. Consent to the processing of Personal Data to the extent stated in this article is not a condition that would in itself preclude entering into a Purchase Agreement.
9.4. The Buyer acknowledges that they are obliged to state their Personal Data (upon registration, when placing an order through the Store Web Interface) correctly and truthfully, and that they are obliged to notify the Seller without undue delay about any changes in their Personal Data.
9.5. The Seller may authorise a third party to process the Buyer's Personal Data as the Processor. With the exception of persons delivering the goods, the Buyer's Personal Data will not be transferred to any third parties without the consent of the Buyer.
9.6. Personal Data will be processed for an indefinite time period. Personal Data will be processed in electronic form by automated means or in printed form by non-automated means.
9.7. The Buyer confirms that the provided Personal Data is accurate and that the Buyer was advised that they provide the Personal Data voluntarily.
9.8. If the Buyer believes that the Seller or Processor (Art. 9.5) processes the Buyer's Personal Data contrary to the rules on the protection of the personal and private life of the Buyer, or contrary to the law, in particular if the Personal Data is inaccurate with regards to the purpose of its processing, the Buyer may:
9.8.1. ask the Seller or Processor for clarification;
9.8.2. require the Seller or Processor to rectify the situation.
9.9. If the Buyer requests information on the processing of their Personal Data, the Seller is obliged to provide this information. The Seller is entitled to ask for reasonable compensation for the provision of the information requested, whereby the amount shall not exceed the costs necessary to provide the information.
9.10. The terms and conditions with regards to personal data protection are stipulated in a separate document (Personal Data Protection Policy).
10. SENDING BUSINESS NOTIFICATIONS AND SAVING COOKIES
10.1. The Buyer agrees with the sending of information associated with goods, services or the business of the Seller to the Buyer's Electronic Address, as well as consents to the sending of business notifications of the Seller to the Buyer's Electronic Address.
10.2. The Buyer consents to the saving of cookies on their computer. If the purchase through the website can be realised and the obligations of the Seller arising from the Purchase Agreement can be fulfilled without saving cookies on the Buyer's computer, the Buyer may withdraw the consent according to the previous sentence at any time.
11. DELIVERY OF NOTIFICATIONS
11.1. Notifications may be delivered to the Buyer's Electronic Address.
12. FINAL PROVISIONS
12.1. If the relationship established by a Purchase Agreement includes an international (cross-border) element, the Parties agree that the relationship will be governed by Czech law. This does not affect the rights of the consumer arising from applicable legislation.
12.2. If any provision in these Terms and Conditions is or becomes invalid or unenforceable, such an invalid provision will be replaced by a new provision, the meaning of which is as close as possible to the invalid provision. The invalidity or unenforceability of any single provision does not affect the validity of the remaining provisions.
12.3. A Purchase Agreement including these Terms and Conditions is archived by the Seller in electronic form and is not accessible.
12.4. A sample form for withdrawing from a Purchase Agreement is attached to these Terms and Conditions.
12.5. Contact information of the Seller: delivery address, electronic address, telephone.
Opava, 1. 5. 2018.