General Terms and Conditions
of the company SVOBODA & SVOBODA s.r.o.
Registered office: Omská 1020/45, 100 00 Prague 10
Company ID (IČ): 15890147
Tax ID: (DIČ) CZ15890147
recorded in the Commercial Register maintained by the Municipal Court in Prague, Section C, File No. 1206 (hereinafter referred to as the "SELLER")
for sale via the online shop on the web site:
Contact details of the Seller:
Mailing address: LUXURY OFFICE by SVOBODA & SVOBODA s.r.o.
100 00 Prague 10
(hereinafter referred to as the "CONTACT MAILING ADDRESS")
E-mail address: info(@)luxuryoffice.cz (hereinafter referred to as the "CONTACT E-MAIL ADDRESS")
Telephone: +420 725 465 265 (hereinafter referred to as the "CONTACT TELEPHONE NUMBER")
- Introductory provisions
- These Terms and Conditions (as defined in Section 1751 of Act No. 89/2012 Coll., the Civil Code, as amended, hereinafter referred to as the "Civil Code") apply to purchases in the online shop "Luxury Office" through a web interface located on the Internet at: luxuryoffice.cz (hereinafter also referred to as the "WEB INTERFACE") operated by the SELLER.
- The Terms and Conditions define and specify fundamental rights and obligations of the SELLER, the PURCHASER and the USER. The PURCHASER by sending his order, along with confirmation through the web interface, confirms that he accepts these Terms and Conditions and that he has familiarized himself with them. The purchase agreement, i.e. the Terms and Conditions, including the order and its acceptance will be sent to the PURCHASER via e-mail or as a hard copy by post immediately after the conclusion of the purchase agreement as part of the invoice – tax document or will be attached to goods no later than upon delivery of goods to the SELLER.
- Any provisions derogating from the Terms and Conditions can be agreed in the purchase agreement. Different provisions in the purchase agreement will prevail over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions are an integral part of the purchase agreement (the term "purchase agreement" refers in this document to the purchase contract, the contract for work, service contract or another contract concluded under these Terms and Conditions). The purchase agreement and the Terms and Conditions have been executed in The purchase agreement can be concluded in Czech, unless the PURCHASER and the SELLER expressly agree on a different language. These Terms and Conditions are displayed in the web interface and in the course of the goods ordering process whereby their archiving, reproduction, keeping and repeated displaying by the PURCHASER is enabled, which the PURCHASER acknowledges and agrees to keep the Terms and Conditions in the course of the goods ordering process for their later repeated displaying.
- Any and all contractual relationships shall be governed by the Terms and Conditions and those relationships that are not governed by the Terms and Conditions shall be governed by the Civil Code and if any Party is a consumer, then by Act No. 634/1992 Coll. on consumer protection, as amended.
- In cases where a person who intends to purchase goods from the SELLER acts when ordering goods as part of his/her business activity or separate pursuit of his/her profession or is a legal entity, consumer protection pursuant to these Terms and Conditions, in particular the relevant provisions of Article 5 – Rescission of the purchase agreement, shall not apply to him/her.
- Definition of terms
- The PURCHASER is a natural person or legal entity who intends to buy goods through a web interface. Due to the applicable legislation there is a distinction between the Purchaser who is not a consumer and the Purchaser who is a consumer.
- The CONSUMER is any person who, outside the scope of his/her business activity or outside the scope of a separate pursuit of his/her profession, concludes the contract with an entrepreneur or conducts negotiations with him otherwise.
- The USER means any natural person or legal entity who visits the web interface. The Purchaser is also the User.
- The GOODS sold through the web interface are directories, perforators, staplers, letter writing stationery sets, micro pencils, fountain pens, folders and other stationery, as well as other similar goods specified in more detail and displayed in the WEB INTERFACE.
- Order and conclusion of the purchase agreement
- In the event that the WEB INTERFACE enables so, the PURCHASER performs ordering of goods:
- without registration through the web interface, i.e. directly via the web interface (by completing the form or otherwise) or
- via the e-mail communication with the SELLER by sending an order to the CONTACT E-MAIL ADDRESS OF THE SELLER or
- via the telephone or SMS order through the CONTACT TELEPHONE NUMBER OF THE SELLER.
- The order without registration (the order made otherwise than from the user account) must contain the precise name of the ordered goods (or, if appropriate, numeric code of the goods), number of items of goods and personal data of the Purchaser (first name and family name, mailing address, telephone number, e-mail address).
- If the web interface enables so, the Purchaser may, on the basis of registration in the web interface performed by him, access his USER INTERFACE. From his USER INTERFACE the PURCHASER may order the goods (hereinafter referred to as the "USER ACCOUNT"). The SELLER shall not be liable for possible use of the user account by third parties.
- The SELLER may cancel the user account, in particular in the event that the PURCHASER does not use his user account longer than 1 year, or in the event that the PURCHASER breaches his obligations under the relevant purchase agreement (including these Terms and Conditions).
- The web interface contains a list of goods and related information, including the quoting of prices of individual items of goods. Prices of goods denominated in Czech crowns are stated inclusive of all taxes (including VAT), customs and other fees. Prices denominated in euros are stated exclusive of VAT. Both for business transactions in EU Member States and for delivery of goods into third countries, prices exclusive of VAT shall apply, if specific statutory conditions are met. The quoted prices are exclusive of the prices and costs of packaging, transport or delivery of goods to the PURCHASER. Information on costs associated with packaging and transport or delivery of goods is available from the WEB INTERFACE and the PURCHASER can familiarize himself with it prior to the placing of the binding order.
- The prices of presented goods and the prices of packaging, transport and delivery remain valid for a period when they are displayed in the web interface. Possible discounts on the price of goods granted by the SELLER to the PURCHASER cannot be combined unless expressly stated otherwise by the SELLER.
- The possibility of the SELLER to conclude the purchase agreement with the PURCHASER under individually agreed conditions remains retained.
- The presentation of goods placed on the WEB INTERFACE is for information purposes only and cannot be considered to be an offer by the Seller (or his offer for a contract; Section 1732 (2) of the Civil Code shall not apply). The SELLER is not obliged to enter into the purchase agreement in respect of the goods presented in this manner. The offer labelled as "special" is valid while the stock lasts or till the expiration of such offer referred to in the web interface or till the cancellation of the offer or its further updating.
- To order the goods, the PURCHASER will complete the order form (or provide the relevant information during telephone or e-mail communication) in the web interface that contains in particular information on goods, method of payment, method and price of transport and identification data of the PURCHASER.
- Prior to sending the order to the SELLER, the PURCHASER is allowed to control or change the data that he entered in the order, even with regard to the possibility of the PURCHASER to identify and correct errors that have arisen prior to and upon entering the data into the order. The PURCHASER will send the order to the SELLER by clicking on the button ("Complete Order"). The data set out in the order are considered to be correct by the SELLER. The SELLER will immediately after receiving the order confirm its receipt to the PURCHASER by e-mail, namely to the e-mail address of the PURCHASER set out in the order or in his user account (in case of any dispute the address in the order shall prevail; hereinafter referred to as the "e-mail address of the PURCHASER"), while it holds that unless stated in the confirmation otherwise, this confirmation itself does not constitute the order acceptance within the meaning of these Terms and Conditions, hence it does not mean the conclusion of the purchase agreement.
- The SELLER is always entitled to ask the PURCHASER to confirm the order subsequently or prove the PURCHASER’s identity (e.g. in writing, by facsimile or by telephone). Unless the order or identity of the PURCHASER is confirmed or proved by the PURCHASER upon the SELLER’S request, the order shall be deemed invalid and the purchase agreement will not arise. In the event that any shortcoming, in particular incompleteness or inconsistency of information about persons authorized to order goods is discovered, the SELLER is entitled to disregard the order. The SELLER is entitled to refuse the order that does not meet the essential requirements (or disregard it) or return it for completion and grant the reasonable time limit for this purpose. The expiry of such time limit to no effect results in the order being treated as if it has never been delivered.
- The contractual relationship between the SELLER and the PURCHASER arises (i.e. the purchase agreement is concluded) upon delivery of the order acceptance which is sent by the SELLER to the PURCHASER via e-mail, namely to the PURCHASER’s e-mail address, and if this doesn’t happen, then by the payment of the whole purchase price or acceptance of the ordered goods by the PURCHASER, whichever occurs sooner. The order acceptance can be included in the order receipt confirmation (if this is expressly stated in the confirmation) or delivered separately after such confirmation.
- The PURCHASER acknowledges that the SELLER is not obliged to enter into the purchase agreement, in particular with persons who have previously breached the purchase agreement (including the Terms and Conditions).
- The PURCHASER agrees to use means of remote communication when concluding the purchase agreement. The costs incurred by the PURCHASER when using means of remote communication in connection with the conclusion of the purchase agreement (in particular costs of the internet access, costs of telephone calls) shall be borne exclusively by the PURCHASER. These costs do not differ from the basic rate.
- Under the purchase agreement, the SELLER agrees to deliver to the PURCHASER the goods specified in the order and the PURCHASER agrees to accept such goods from the SELLER or the carrier appointed by the SELLER and pay to the SELLER the purchase price of the goods specified in the order.
- In the event that there was an obvious technical error caused by the SELLER when stating the price of goods in the web interface or during the ordering process, the SELLER shall not be obliged to sell the PURCHASER such goods for this obviously erroneous price, not even in the case that the PURCHASER was sent the order acceptance under these Terms and Conditions.
- The SELLER will alert the PURCHASER, if the price of goods specified in the web interface or in the course of the ordering process is no longer valid. If the PURCHASER does not agree to the price increase, the SELLER reserves the right to rescind the purchase agreement.
- The PURCHASER may cancel the orders, not yet confirmed by the SELLER, by telephone to the contact telephone number of the SELLER or by an e-mail message to the e-mail address of the SELLER. Any and all orders accepted by the SELLER are binding. Even the binding order can be cancelled by prior arrangement with the SELLER.
- Payment and delivery conditions
- Together with the purchase price the PURCHASER is obliged to pay to the SELLER also the costs associated with packaging and delivery of goods whose amount is specified in the web interface and will be set out in the order and its acceptance. Unless expressly stated otherwise, hereinafter the purchase price also means these costs associated with the delivery of goods.
- The PURCHASER has the possibility to pay the purchase price of goods to the SELLER, except for other options specified in the web interface, also by some of the methods set out below:
- in cash upon personal collection of goods, by prior arrangement with the SELLER
- cash payment on delivery, by prior arrangement with the SELLER
- through PayPal
- by bank transfer to the SELLER’s bank account number: 142444061/0100 maintained with Komerční banka, a. s. and in case of payment in euros to the account, whose number will be specified to the PURCHASER in the order processing procedure (hereinafter referred to as the "SELLER’s account")
Any possible other payments of the PURCHASER in connection with the aforementioned methods of payment of the price of goods are specified in the WEB INTERFACE, in the order and will be set out in the order acceptance.
- The PURCHASER will specify the payment method in the order (which will include possible other payments in connection with the chosen payment method).
- The payment for goods can be made in Czech crowns (CZK) or euros (EUR), prices are translated at the exchange rate set out in the WEB INTERFACE as at the date of the order.
- The SELLER usually does not require the advance on the purchase price of goods or a similar payment. In justified cases (in particular for orders with the aggregate price in excess of CZK 5,000,-) he may do so. The SELLER is entitled to require the payment of the whole price of goods prior to their sending or handover to the PURCHASER (Section 2119 (1) of the Civil Code shall not apply).
- In the event of the payment in cash on personal collection of goods or cash on delivery, the purchase price is due and payable upon the goods acceptance. In the event of cashless payment the purchase price is due and payable within five working days after the conclusion of the purchase agreement.
- In the event of the cashless payment the PURCHASER is obliged to pay the purchase price of goods together with the specification of the variable symbol of the payment – number of the order. In the event of the cashless payment the PURCHASER’s obligation to pay the purchase price shall be deemed met upon crediting the relevant amount to the SELLER’s account.
- If this is usual in business dealings or if this is stipulated by the generally binding legal regulations, the SELLER will issue with respect to the payments made under the purchase agreement to the PURCHASER a tax document – invoice. The SELLER is a VAT payer. The SELLER will issue a tax document – invoice to the PURCHASER after the payment of the purchase price of goods and send it electronically to the PURCHASER’s e-mail address within 15 days after the goods acceptance.
- The goods that are in stock are dispatched by the SELLER in the event of cash on delivery usually within 5 working days after the order acceptance. In case of payment by bank transfer to the account the SELLER dispatches goods in stock usually within 5 working days after crediting the relevant amount to his account. Partial delivery of the ordered goods is acceptable unless it has been agreed otherwise.
- The goods that are not in stock are dispatched by the SELLER as soon as possible. The PURCHASER is informed about the exact date in advance. In the event that it is impossible, for objective reasons, (for instance, the goods concerned are no longer produced, the supplier stopped their delivery to the Czech Republic, their price or costs of delivery increased considerably) to deliver the goods under the original terms or the performance becomes impossible for objective reasons or if the PURCHASER failed to settle all his liabilities to the SELLER due and payable as at the date of issuing the order, the SELLER has the right to rescind the purchase agreement. The SELLER will inform the PURCHASER about rescission of the purchase agreement immediately. In the event that the PURCHASER has already completely or partly paid the purchase price, the received amount will be returned to him by bank transfer to the account he will be notified of for this purpose by the PURCHASER or to the account, from which the funds were transferred to settle the purchase price (if the PURCHASER fails to notify the SELLER of any account within 3 days after rescission of the purchase agreement), namely within 5 days after rescission of the purchase agreement.
- The methods of delivery of goods are set out in the WEB INTERFACE. A particular method of delivery of goods will be chosen by the PURCHASER in the order and confirmed by the SELLER in the order acceptance.
- Costs of delivery of goods, based on the method of sending and acceptance of goods, are set out in the web interface of the online shop and will be set out in the PURCHASER’s order and in the order acceptance by the SELLER.
- In the event that the PURCHASER does not accept the goods, nor does he rescind the purchase agreement in accordance with these Terms and Conditions, the SELLER is entitled to reimbursement of costs associated with the delivery of goods and their storage (a maximum fee of CZK 10,- for each day of delay is charged for storage on the Seller’s premises, however, no more than CZK 500,- in the aggregate or up to the amount of the purchase price, if lower than CZK 500,), as well as other costs that are incurred by the SELLER due to the PURCHASER‘s failure to accept the goods, and furthermore, the SELLER has the right to rescind the purchase agreement.
- In the event that for reasons on the part of the PURCHASER the goods need to be delivered repeatedly or in other than the agreed manner, the PURCHASER shall bear the costs associated with such delivery.
- The delivery of goods under these Terms and Conditions means the moment of delivery of goods to the PURCHASER in accordance with the purchase agreement. Unreasonable refusal of the goods by the PURCHASER is not considered to be non-compliance with the obligation to deliver goods on the part of the SELLER, nor is it considered to be rescission of the agreement by the PURCHASER. Upon the acceptance of goods the PURCHASER is obliged to check whether the goods packaging is intact and report any possible defects immediately to the carrier and to the SELLER. The refusal to accept the consignment due to defective packaging is not considered to be unreasonable refusal of the goods. By signing the delivery note the PURCHASER confirms that the consignment of goods met all the requirements and acknowledges that it is no longer possible to lodge a complaint due to the damaged packaging of the consignment.
- The PURCHASER acquires title to the goods by paying the whole purchase price of the goods (including the costs of packaging and delivery), however not before he accepts the goods. The liability for accidental destruction, damage or loss of goods passes to the PURCHASER upon goods acceptance or at the moment when the PURCHASER was obliged to accept the goods, but failed to do so contrary to the purchase agreement (i.e. usually when the goods are prepared for him to be accepted).
- Rescission of the purchase agreement
- THE PURCHASER acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, inter alia, it is not possible to rescind the purchase agreement on delivery of goods in a closed container that the consumer took out from the container and for hygienic reasons cannot be returned, on the delivery of goods that have been adapted to the wishes of the consumer or tailored to his personal requirements and on delivery of audio or video recording or a computer program, if the consumer damaged their packaging.
- Unless this is the case set out in paragraph 5.1 or another case when it is not possible to rescind the purchase agreement, the PURCHASER has in accordance with the provision of Section 1829 (1) of the Civil Code the right to rescind the purchase agreement, namely within fourteen days after the goods acceptance. If the WEB INTERFACE enables so, the PURCHASER may use for the notice of rescission of the purchase agreement a form provided by the SELLER. The PURCHASER may send the notice of rescission of the purchase agreement to the CONTACT ADDRESS of the SELLER or to the CONTACT E-MAIL of the SELLER.
- In case of rescission of the purchase agreement pursuant to para 5.2 of these Terms and Conditions the purchase agreement will be null and void. The goods must be returned to the SELLER (otherwise than cash on delivery which the SELLER does not accept) within 14 days after rescission of the purchase agreement to the CONTACT ADDRESS, to any establishment of the SELLER or to the registered office or place of business of the SELLER. The goods must be returned to the SELLER undamaged, unworn and unsoiled, and in the original packaging, if possible.
- The PURCHASER will together with the returned goods attach a copy of the delivery note and the invoice, if it has been issued or another document proving the purchase of goods, and also a written statement on rescission of the purchase agreement and the chosen method of returning the funds (transfer to an account, personal collection of cash or postal order or otherwise). The statement must also contain the contact address, telephone and e-mail address of the PURCHASER.
- Within ten days after the return of the goods by the PURCHASER pursuant to para 5.3 of the Terms and Conditions, the SELLER is entitled to review the returned goods, in particular with a view to checking, whether the returned goods are not damaged, worn out or partly consumed.
- The SELLER will return to the PURCHASER the funds (including the costs of delivery) that he received from him under the purchase agreement. The SELLER will return the funds within 14 days after rescission of the purchase agreement by the PURCHASER, namely (i) in the same manner as he received them from the PURCHASER or (ii) in the manner that the PURCHASER requested, (iii) but always also by transferring them to the bank account notified by the PURCHASER or to the account, from which the funds were transferred to settle the purchase price (if the PURCHASER fails to notify the SELLER of any account within 10 days after rescission of the purchase agreement), which is hereby accepted by the PURCHASER, on condition that he incurs no other costs in this manner. If the PURCHASER rescinds the purchase agreement, the SELLER is not obliged to return the received funds to the PURCHASER before the PURCHASER returns the goods to him or proves that he has sent the goods to the SELLER.
- If the PURCHASER chooses other than the cheapest method of delivery of goods offered by the SELLER, the SELLER will return to the PURCHASER the costs of delivery of goods in the amount corresponding to the cheapest offered method of delivery of goods.
- The PURCHASER acknowledges that if the goods returned by the PURCHASER are damaged, worn out or partly consumed, the SELLER will become entitled to the compensation for damage incurred from the PURCHASER. The SELLER is entitled to set off the right to compensation unilaterally against the PURCHASER’s right to a refund of the purchase price and costs of delivery of goods.
- When sending the goods, the PURCHASER is obliged to pack them into a proper packaging with a view to avoiding its damage or destruction. For goods substantially damaged or destroyed during transport due to the use of an improper packaging, the purchase price and costs of delivery of goods cannot be refunded.
- The costs associated with the returning of the goods to the SELLER in the event of rescission of the purchase agreement by the PURCHASER shall be borne by the PURCHASER, even if such goods cannot be returned due to their nature normally by post. The SELLER is entitled to set off his actually incurred costs associated with returning the goods against the purchase price and the costs of delivery of goods that have to be refunded to the PURCHASER.
- Until the goods acceptance by the PURCHASER, the SELLER is entitled to rescind the purchase agreement at any time. In such a case the SELLER will refund the purchase price to the PURCHASER by bank transfer to the account he will be notified of for this purpose by the PURCHASER or to the account from which the funds were transferred to settle the purchase price (if the PURCHASER fails to notify the SELLER of any account within 3 days after rescission of the purchase agreement), namely within 5 days after the rescission of the agreement.
- If together with the goods a gift is provided, the relevant deed of donation is concluded with the condition subsequent to the effect that in case that the purchase agreement is rescinded by any party, the deed of donation ceases to be effective and the PURCHASER is obliged to return together with the goods also the gift received.
- Product liability and the complaints procedure
- The PURCHASER’s rights arising from defective performance shall be governed by the relevant generally binding regulations (in particular provisions of Section 1914 to 1925, Section 2099 to 2117 and Section 2158 to 2174 of the Civil Code).
- The SELLER is liable to the PURCHASER for ensuring that the goods upon acceptance are free of any defects. The SELLER is in particular liable to the PURCHASER for ensuring that at the time when the PURCHASER accepted the goods:
- the goods have the properties that have been agreed by the parties and if such arrangement is missing, they have such properties that the SELLER or the producer described or that the PURCHASER expected with regard to the nature of the goods and based on advertising carried out by them,
- the quantity, measurements or weight of the goods are correct and
- the goods comply with the requirements of legal regulations.
- The provisions set out in the previous paragraph of the Terms and Conditions and the quality guarantee shall not apply to goods sold at discounted price due to their defect, which was the reason why the discounted price has been agreed, to normal wear and tear of the goods and in case of used goods to the defect commensurate with the level of use and wear and tear of the goods upon acceptance by the PURCHASER if this arises from the nature of the goods concerned.
- If the defect occurs during six months after their acceptance, the goods are deemed to be defective already upon their acceptance.
- The rights arising from defective performance, including the guarantee liability, shall be claimed by the PURCHASER from the SELLER on the CONTACT ADDRESS of the SELLER (this is without prejudice to other methods of asserting claims for defective products under the complaint procedure). The moment when the SELLER received from the PURCHASER the claimed goods is considered to be the moment of asserting the claim.
- The Complaint procedure governs the method and conditions of claiming defective products and claiming the rights under the quality guarantee by the consumer, in accordance with the provisions of the Civil Code and Act No. 634/1995 Coll., on consumer protection, as amended.
- In respect of all goods sold by the SELLER to the PURCHASER, who is a consumer, the SELLER shall be liable to the PURCHASER for the fact that the goods upon acceptance are free of any defects and that no defects of consumer goods occur within twenty four months after the goods acceptance by the PURCHASER.
- In the event that in the course of the guarantee period (if the quality guarantee is provided) or in the course of the period pursuant to the previous paragraph a defect of the goods occurs, due to which the purchased product cannot be used quite properly and this defect can be removed, the PURCHASER has the right to its free repair. In case of removable defect of not yet used product the PURCHASER has the right to request instead of removing the defect the replacement of the defective product for the faultless one. Furthermore, in case of removable defect the PURCHASER has the right to get an appropriate discount on the purchase price. In case of any defect that cannot be removed and that prevents the goods from being used properly as free of any defect, the PURCHASER has the right to replacement of the defective goods, to get a reasonable discount on the purchase price or has the right to rescind the purchase agreement. The PURCHASER is not entitled to claim the rights arising from defective performance, if he knew about the defect prior to the product acceptance or if he himself caused the defect. The PURCHASER has neither the right to rescind the purchase agreement, nor to request the delivery of a new product, if he cannot return the product in the condition in which he received it, except for cases stipulated by law. Unless the PURCHASER rescinds the purchase agreement or claims his right to be delivered a new product free of any defects, to receive the replacement of its part or to have the product repaired, he may require the reasonable discount on the purchase price. The PURCHASER has the right to get the reasonable discount even in case that the SELLER cannot deliver to him the new product free of defects, replace its part or repair the product, as well as in case that the SELLER fails to remedy the defect within the reasonable time or if remedying the defect would cause the PURCHASER considerable difficulties.
- The PURCHASER is obliged to lodge a complaint with the SELLER (or a person designated to perform the repair) without undue delay after the shortcoming is discovered. The received complaints shall be handled without undue delay, however, no later than within 30 days after the date of lodging the complaint unless the SELLER and the PURCHASER agree otherwise.
- In case of questionable complaint the SELLER will decide on its acceptance within three working days after its lodging.
- The date of lodging the complaint means the day when the goods were delivered to the CONTACT ADDRESS of the SELLER, to any establishment of the SELLER or to the registered office or the place of business of the SELLER.
- The guarantee and product liability claims shall not apply to the goods in respect of which the complaint was lodged after the expiry of the guarantee period, and furthermore, to wear and tear of the goods resulting from their use. The guarantee and product liability claims shall not apply to the defects caused by improper use, failure to comply with the instructions for use, improper maintenance or improper storage. In case of used goods the SELLER will not be liable for defects commensurate with the level of the existing use or wear and tear; in case of products sold at discounted price the SELLER will not be liable for the defect due to which the discounted price has been agreed; instead of the right to the replacement of the defective product, the PURCHASER has in cases under this sentence the right to a reasonable discount.
- The complaint can be lodged in the following manner:
- Informing the SELLER by telephone, e-mail or in writing.
- If the WEB INTERFACE enables so, the PURCHASER may use for the complaint submission the complaint report that will be sent to his e-mail address or is available for downloading from the web interface.
- The delivery of the claimed goods (otherwise than cash on delivery which the SELLER does not accept) to the address for returning the goods SVOBODA & SVOBODA s.r.o., the Trutnov warehouse, Nerudova 1448, 511 01 Turnov. When sending the goods the PURCHASER is obliged to pack the goods into the suitable packaging in order to prevent its damage or destruction. The document proving the purchase of the goods or an invoice if it has been issued or another document proving the purchase of the goods, along with the description of the defect and a proposal for the way of handling the complaint needs to be attached to the goods.
- The SELLER is not liable for damage to the health of persons, or, where appropriate, damage to property and goods that will be caused by improper handling or misuse of goods or negligence.
- Personal data protection
- The protection of personal data of the PURCHASER who is a natural person is provided by Act No. 101/2000 Coll. on personal data protection, as amended.
- The SELLER represents that he is validly registered with the Office for the Personal Data Protection.
- The PURCHASER agrees to the processing and gathering of his following personal data: first name and family name, residence address and mailing and billing address, if different from residence address, company identification number and tax identification number, e-mail address and telephone number, or, if appropriate, other personal data that will be stated by the PURCHASER in the order or upon registration of the user account (hereinafter collectively also referred to as "personal data"), until he expresses his disagreement to this processing in writing. Personal data will be processed for the purposes of exercise of rights and obligations under the purchase agreement, for maintaining the user account and for the purposes of sending information and commercial messages to the PURCHASER (if he ticks this option or if its ticking is not possible, he will not explicitly exclude it). Consent to or refusal of consent to the processing of personal data is not a condition that would make it impossible to conclude the purchase agreement.
- The SELLER may appoint any third party as the processor of the PURCHASER’S personal data.
- The PURCHASER has the right to access his personal data, the right to their correction, including other statutory rights to these data. The PURCHASER represents that he has been instructed that personal data can be removed from the database upon the PURCHASER’s request in writing. The PURCHASER’s personal data are fully protected against misuse. The SELLER does not disclose the PURCHASER’s personal data to any third party. The sole exception pose external carriers and persons involved in the delivery of goods to the PURCHASER who receive personal data of the customers to the minimum extent that is necessary for the delivery of goods.
- Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner.
- The PURCHASER confirms that the provided personal data are accurate and that he has been instructed that this is a voluntary provision of personal data.
- In the event that the PURCHASER considers that the SELLER or the processor performs the processing of his personal data which is contrary to the protection of the PURCHASER’s private and personal life or contrary to law, in particular if his personal data are inaccurate with regard to the purpose of their processing, he may:
- ask the SELLER or the processor for explanation,
- request that the SELLER or the processor rectify the situation that has arisen. In particular, this may involve blocking, making a correction, supplementation or liquidation of personal data. If the PURCHASER’s request pursuant to the previous sentence is considered to be justified, the SELLER or the processor will immediately rectify the defective situation. If the SELLER or the processor fail to meet the request, the PURCHASER has the right to contact directly the Office for the Personal Data Protection. This provision does not prejudice the PURCHASER’s right to submit his request to the Office for the Personal Data Protection directly.
- If the PURCHASER asks for information on processing of his personal data, the SELLER is obliged to disclose him such information. The SELLER has the right to require for the provision of information pursuant to the previous sentence the reasonable payment not exceeding the costs necessary for the provision of information.
- The PURCHASER agrees to be sent information associated with the goods, services or business of the SELLER to the e-mail address of the SELLER. The PURCHASER also agrees to receive the SELLER’s business messages. The PURCHASER may revoke consents pursuant to both previous sentences at any time.
- Service of documents
- Unless agreed otherwise, any and all correspondence associated with the purchase agreement must be delivered to the other party in writing, namely by e-mail, personally or by registered mail via the postal services operator (at the sender’s option). Messages addressed to the PURCHASER are delivered to his e-mail address set out in his user account or in the order, or as part of communication between the parties.
- The message is deemed to be delivered:
- in case of delivery via e-mail at the moment of its admission to the incoming mail server; integrity of messages sent by e-mail can be protected by a certificate,
- in case of personal delivery or delivery via the postal services operator by acceptance of the registered letter by the addressee,
- in case of personal delivery or delivery via the postal services operator also by refusal to accept the registered letter, if the addressee (or the person authorized to accept the registered letter on his behalf) refuses to accept the registered letter,
- in case of delivery via the postal services operator upon expiration of a ten days’ time limit after depositing the registered letter at the post office and inviting the addressee to accept the deposited registered letter, if the registered letter is deposited with the postal services operator, even in the event that the addressee has not learned of its depositing.
- Final provisions
- If the relationship associated with the use of the web site or legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumers’ rights arising from generally binding legal regulations of other states that provide higher level of protection to the consumer.
- In matters not regulated by the purchase agreement (including the order and its acceptance) and the Terms and Conditions (or, where, appropriate, communication between the parties) the legal relationship shall be governed by conditions set out in the web interface. Information on individual technical steps leading to the conclusion of the purchase agreement is available from the web interface.
- The SELLER will not be liable for any errors arisen due to interventions of third parties into the web interface or due to its use contrary to its intended function. THE USER and the PURCHASER must not, when using the web interface, use mechanisms, software, scripts or other procedures that might have an adverse impact on its operation, i.e. in particular disrupt the function of the system or burden the system inappropriately, must not perform any activity that might enable him or any third parties to intervene into or use in an unauthorized manner software or other parts constituting the web interface and use the web interface or its parts or software equipment in the manner that would be inconsistent with its function or purpose. Any errors arisen during data entering prior to the placing of the order or upon its placing and handling will be identified and corrected based on the e-mail or telephone communication.
- The SELLER is entitled to sell the goods under the trade licence and the SELLER’s activity is not subject to any other authorization. The trade licensing control is performed within the scope of its authority by the competent Trade Licensing Office. The control of compliance with the consumer protection regulations is performed also by the Czech Trade Inspection Authority (http://www.coi.cz/) and the consumer protection rights are defended also by their special interest associations and other parties involved in the protection of consumer rights. The control of compliance with the legal regulations relating to technical requirements for goods and goods safety is performed by the Czech Trade Inspection Authority (http://www.coi.cz/). The supervision over the personal data protection is performed by the Office for the Personal Data Protection (http://www.uoou.cz/). The out-of-court handling of consumers‘ complaints is secured by the SELLER via the aforementioned e-mail address, or, where appropriate, the PURCHASER may contact special interest associations and other parties involved in the consumer rights protection. The SELLER is not bound by any Codes of Conduct in respect of the PURCHASER, nor does he comply with such Codes voluntarily (within the meaning of Section 1826 (1) (e) of the Civil Code).
- The content of the SELLER’s web sites, all materials presented therein (texts, photographs, pictures, logos and other) and in related printed media (promotional leaflets, advertising, etc.), including the web interface software and these Terms and Conditions, are protected by the SELLER’s copyright and may be protected by other rights of other persons. The content must not be changed, copied, reproduced or distributed by the PURCHASER or the USER or used by any third party for any purpose without the SELLER’s prior consent in writing. It is in particular prohibited to make available for consideration or free of charge photographs and texts placed on the web interface. If this prohibition fails to be adhered to, the SELLER will proceed in accordance with Act No.121/2000 Coll., the Copyright Act, as amended. Names and designation of products, goods, services, firms and companies can be registered trade marks of the relevant owners.
- If any provision of the Terms and Conditions is or becomes invalid or ineffective or inapplicable (even due to the fact that such provision is contrary to the consumer protection law), the invalid provision shall be replaced by the provision whose purpose is closest to the invalid provision. Invalidity or ineffectiveness or inapplicability of a single provision is without prejudice to the validity of other provisions. Any changes and amendments to the purchase agreement or the Terms and Conditions need to be in writing.
- The purchase agreement, including the Terms and Conditions, is deposited and archived by the SELLER in electronic form and is not accessible to any third parties (this is without prejudice to the provisions of these Terms and Conditions and statutory provisions governing the provision of the purchase agreement and the Terms and Conditions to the PURCHASER). The SELLER will provide the purchase agreement, including the Terms and Conditions to the PURCHASER upon request in text form (electronically via e-mail)
- The PURCHASER assumes the risk of a change in circumstances (within the meaning of Section 1765 (2) of the Civil Code).
- The SELLER may change or amend the wording of the Terms and Conditions. The rights and obligations of the parties shall be always governed by the wording of the Terms and Conditions that was effective at the time when such rights and obligations have arisen.
- In case of any question on the Terms and Conditions and the purchase agreement the SELLER will provide to the PURCHASER immediately all required information.
These Terms and Conditions are valid and effective as from 1 January 2014.