Terms and Conditions
TERMS AND CONDITIONS
Artistic blacksmithing Tomáš Popela
with registered office at Bohdalov 134, 592 13
identification number: 01881451
entered in the trade register kept in Žďár nad Sázavou,
for the sale of goods through an online store located at the Internet address www.popelablacksmith.cz
1. Introductory provisions
1.1. These business conditions (hereinafter referred to as "business conditions") Tomáš Popela, with its registered office at Bohdalov 134,, identification number: 01881451, entered in the trade register kept in Žďár nad Sázavou (hereinafter referred to as "seller"), regulate in accordance with § 1751 par. 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another person (the "Buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.popelablacksmith.cz (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The buyer can be a consumer, entrepreneur or other person.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract is concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. Conclusion of the purchase contract
2.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
2.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills in the order form in the web interface of the store. The order is as follows:
2.4.1. the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface,
2.4.2. subsequently, the buyer fills in his data necessary for the delivery and correct invoicing of the order;
2.4.3. the buyer further chooses the method of transport of goods;
2.4.4. then the buyer chooses the method of payment;
2.4.5. by pressing the "Complete order" button, the buyer sends a binding order to the seller (hereinafter collectively referred to as "order").
2.5. Before sending the order, the buyer is allowed to check and change the data he entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
2.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.7. 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.
2.8. 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 (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
3. Price of goods and payment terms
3.1. 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:
- by cashless transfer to the seller's account No 3408164002/5500, kept with Raiffeisen bank (hereinafter referred to as the "seller's account");
- for foreign lawsuits - cashless transfer to the seller's account No. CZ53 5500 0000 003408164002, kept at Raiffeisen bank, (hereinafter referred to as the "seller's account");
3.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of non-cash payment, the purchase price is payable within 7 days of concluding the purchase contract.
3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
3.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 2.6), 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.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
4. Withdrawal from the purchase contract
4.1. The buyer, who is a consumer, is entitled to withdraw from the purchase contract within fourteen (14) days of receipt of the goods. In the event that the subject of the purchase contract is several types of goods or the delivery of several parts, 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 of this paragraph. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
4.2. The buyer - the consumer - acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw, among other things:
from the purchase contract for the delivery of goods that have been modified according to the wishes of the buyer or for his person,
from the purchase contract for the supply of perishable goods,
from the purchase contract for the delivery of goods which, after delivery, have been irretrievably mixed with other goods.
4.3. In the event of withdrawal from the purchase contract pursuant to Article 5.1. terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
4.4. In the event of withdrawal from the purchase contract pursuant to Article 5.1 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws 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.
4.5. 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.
4.6. In cases where the buyer - consumer - has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract (for any reason, even if the buyer is a person other than the consumer), a gift contract regarding such a gift of effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
5. Transport and delivery of goods
5.1. Where this paragraph refers to the consumer, the provisions shall apply only to the consumer. If the customer is another person, his rights from defective performance are governed by the relevant provisions of the Civil Code.
5.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
5.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
5.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
5.2.3. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
5.2.4. the goods are in the appropriate quantity, measure or weight; and
5.2.5. the goods comply with the requirements of legal regulations.
5.3. The seller is not responsible for defects:
5.3.1. resulting from normal wear and tear, non-compliance with the information for use or failure to respect the purpose for which the goods are normally used;
5.3.2. for which a lower price of goods has been agreed;
5.3.3. in the case of used goods, the seller is not liable for defects corresponding to the degree of wear or use that the goods have already been taken over by the buyer;
5.3.4. caused by the buyer.
5.4. The buyer - the consumer can exercise the right to a defect that occurs in the goods within 24 months of receipt. If the defect manifests itself within six months of receipt of the goods by the buyer - consumer, it is considered that the goods were defective at the time of receipt by the buyer, this does not affect the provisions of the previous sentence.
5.5. Conditions for exercising rights from defective performance (complaints)
5.5.1. The buyer is obliged to check the goods in detail upon receipt and if he finds that he has defects, he is obliged to file a complaint without undue delay. Subsequent complaints will not be taken into account.
5.5.2. The buyer is obliged to complain about hidden defects without undue delay after finding out. However, no later than the complaint period specified in paragraph 5.4.
5.5.3. The buyer is not entitled to file a claim for the goods if he knew about the defect before taking over the goods, or if the seller warned him or for that reason the seller provided him with a reasonable discount on the purchase price.
5.6. Complaints can be made by the buyer - consumer, but also by any other buyer, to the seller at the address of the seller's registered office, or electronically at email@example.com.
5.7. The buyer shall state in the complaint a description of the defect of the goods and an address, including an e-mail address, to which the seller will notify him of the method of handling the complaint. The buyer shall also state in which ways he requests that his complaint be settled. The buyer is also obliged to submit proof of purchase of goods to make it clear that the goods were purchased from the seller. Without proof of purchase of the goods, the complaint will not be settled, unless the seller agrees otherwise with the buyer.
5.8. The day of delivery of the complaint is considered to be the day of delivery of the defective Goods together with the relevant documents specified in paragraph 5.5.2.
5.9. In the event that the submission by which the Customer complains about the Goods is incomplete (eg illegible, unclear, incomprehensible, without the required documents, etc.), the Seller will invite him by e-mail sent to the address specified in the complaint in accordance with clause 5.5.1. to supplement the complaint. In such a case, the complaint procedure will start only on the day when the supplemented submission by the Customer is delivered to the Seller. If the Customer does not complete his submission no later than 10 days from the delivery of the invitation to complete, the complaint will be considered unfounded.
5.10. The seller will issue a written confirmation to the buyer - consumer about when he exercised the right of defect, what is the content of the complaint and what method of handling the complaint the buyer - consumer requires. The seller will also issue a written confirmation of the date and manner of handling the complaint, including confirmation of the repair and its duration. If the seller rejects the complaint, he shall issue a written confirmation to the buyer-consumer together with the justification for the rejection of the complaint.
5.11. The buyer - the consumer has at his discretion in relation to the exercise of rights arising from defective performance the following options:
5.11.1. request free rectification of the defect;
5.11.2. demand a reasonable discount from the purchase price;
5.11.3. if such a requirement is proportionate (eg in the event that the defect cannot be remedied without undue delay), it may require the delivery of new goods without defects, or the delivery of a new part of goods without defects if the defect concerns only part of the goods;
5.11.4. in the event that a substantial irreparable defect of the goods occurs or a remediable defect has occurred after the repair repeatedly or the goods have a large number of defects, the buyer may exercise the right to exchange the goods or withdraw from the purchase contract.
5.12. If the Consumer exercises his rights from defective performance (complains about the Goods), the Seller will decide on the complaint immediately and in complex cases then within 3 working days. This period does not include a reasonable period for a professional assessment of the defect.
5.13. Complaints from the buyer - consumer, including the elimination of the defect, the seller will handle without undue delay, no later than 30 days from the date of the complaint. The period of 30 days may be extended by the seller only after agreement with the buyer - consumer, but the extension cannot be for an indefinite period or for a period of unreasonably long. If the period expires in vain, it is considered that the defect of the goods existed and the buyer - the consumer has the same rights as if it were an irreparable defect.
5.14. The period for exercising the rights arising from defective performance is extended by the time when the complaint is settled. In the case of delivery of new goods to the buyer - consumer, a new period of 24 months runs to exercise the rights arising from defective performance.
6. Other rights and obligations of the contracting parties
6.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
6.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. E) of the Civil Code.
6.3. The seller handles consumer complaints via the electronic address firstname.lastname@example.org. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
6.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer under the purchase agreement.
6.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: https://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
6.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed 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, as amended.
6.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
7. Protection of personal data
7.1. 9.1. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the "GDPR Regulation") related to the processing of personal data of the buyer for the purposes of performance of the purchase contract, for the purposes of negotiating this contract and for the purposes of fulfilling public law obligations of the seller.
8.1. It can be delivered to the buyer to the buyer's email address.
9. Final provisions
9.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
9.2. The choice of law under paragraph 9.1 of the Terms and Conditions does not deprive the consumer of the protection afforded by the provisions of the law, which cannot be contractually derogated from and which would otherwise apply under the provisions of Article 6 (1) of Regulation Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
9.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
9.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
9.5. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
9.6. Seller's contact details: delivery address Bohdalov 134, 592 13, e-mail address email@example.com, telephone +420 732853907.
In Bohdalov on 9.1.2022