Terms and conditions
- Introductory provisions
- User account
- Conclusion of the purchase contract
- Price of goods and payment terms
- Withdrawal from the contract
- Transport and delivery of goods
- Rights from defective performance
- Other rights and obligations of the Contracting Parties
- Protection of personal data and sending of commercial communications
- Sending commercial messages and storing cookies
- Final provisions
1.1. These Terms and conditions (hereinafter referred to only as the "terms and conditions") of the trading company Konsepti spol. s r.o., with its registered seat in Komunardů 32, 170 00 Prague 7, identification number: 63668203, registered in the commercial register kept by the Municipal Court in Prague, section C, insert 37570 (hereinafter referred to only as the "seller"), regulate the mutual rights and obligations of the Parties arising in connection with or on the basis of a purchase contract (hereinafter referred to only as the "purchase contract") concluded between the seller and another natural or legal person (hereinafter referred to only as the "buyer") through online store of the seller. Online store is operated by the seller on the internet address www.kartellshop.cz (hereinafter referred to only as the "website") through the website interface (hereinafter referred to only as the "store web interface").
1.2. The terms and conditions do not apply to cases where the person who intends to purchase the goods from the seller is a legal person or a person who acts in the ordering of goods within the course of its business or as part of its own professional practice.
1.3. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. The deviating provisions in the purchase contract prevail over the provisions of the terms and conditions.
1.4. The terms and conditions form an integral part of the purchase contract. The purchase contract and terms and conditions are written in Czech or English language. The purchase contract can be concluded in Czech or English language.
1.5. The terms and conditions may be amended or supplemented by the seller. The rights and obligations that have arisen during the term of the previous wording of the terms and conditions are not affected by this provision.
2.1. Based on the registration of the buyer made on the website, the buyer may access its user interface. From its user interface, the buyer can order goods (hereinafter referred to only as the "user account"). If allowed by the store web interface, the buyer can also order the goods without registration directly from the store web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide duly and truthfully all information. The buyer must update the data provided in the user account by any change. The information provided by the buyer in the user account and when ordering the goods are considered to be correct by the seller.
2.3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access its user account.
2.4. The buyer is not authorized to allow third parties to use its user account.
2.5. The seller may cancel the user's account, especially if the buyer does not use its user account for more than 12 months, or if the buyer breaches its obligations under the purchase contract (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 or necessary maintenance of hardware and software of third parties.
3.1. All presentation of the goods located in the store web interface is informative and the seller is not obliged to conclude a purchase contract with respect to such goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply.
3.2. The store web interface contains information about the goods, including the price of the individual goods and the costs of returning the goods, if, by its very nature, the goods cannot be returned by the usual postal route. The prices of the 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 store web interface. This provision does not limit the possibility for the seller to conclude a purchase contract under individually negotiated terms.
3.3. The store web interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of the goods specified in the store web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. For ordering goods, the buyer fills out the order form in the store web interface. The order form contains in particular information about:
3.4.1. the ordered goods (the buyer „puts“ the ordered goods in the electronic shopping cart of the store web interface),
3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of ordered goods and
3.4.3.the information about the costs associated with the delivery of the goods (hereinafter jointly referred to only as the "order").
3.5. Before sending the order to the seller, the buyer has the possibility to check and change the information inserted in the order by the buyer, even with regard to the possibility of the buyer to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The information given in the order is considered to be correct by the seller. The seller shall, immediately upon receipt of the order, confirm this receipt to the buyer by electronic mail, to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to only as the "buyer's email address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated transport costs), to ask the buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer is established at the time of the delivery of the order acceptance (acceptance), which is sent to the buyer by an electronic mail, to the buyer's e-mail address.
3.8. The buyer agrees with the use of the means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer itself, whereas these costs are not different from the basic rate.
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways:
- In cash at the seller's premises at the address of Revoluční 14, 11000 Prague 1;
- In cash on delivery at the place specified by the buyer in the order;
- Cashless transfer to the account of the seller No. 700479913/0300, held by Československá obchodní banka (hereinafter referred to only as the "seller's account");
- Cashless via GoPay payment system;
- Cashless with a credit card;
- Through a loan provided by a third party.
4.2. Together with the purchase price, the buyer is obliged to pay to the seller the costs associated with packaging and delivery of the goods in agreed amount. Unless expressly stated otherwise, under the purchase price shall be also understood the costs associated with the delivery of the goods.
4.3. The seller does not require an advance or other similar payment from the buyer. This is without prejudice to the provisions of article 4.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
4.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the statement of the variable symbol of payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The seller is entitled, especially if the buyer fails to confirm the order (article 3.6), to claim the full purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If this is usual in the course of business or if provided for by generally binding legal regulations, the seller shall issue to the buyer a tax document – invoice for payments made on the basis of the purchase contract. The seller is/is not a payer of value added tax. Tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's e-mail address.
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible, among others, to withdraw from the purchase contract for the supply of goods, which was adjusted according to the wishes of the buyer or for his/her person, from the purchase contract for the supply of perishable goods, as well as goods which, after delivery, have been irrevocably blend with other goods, from a purchase contract for the supply of sealed goods which have been removed from the packaging by the consumer and cannot be returned for hygienic reasons and from a purchase contract for the supply of sound or visual recordings or computer program if the seller broke their original packaging.
5.2. If this is not the case referred to in article 5.1 or another case where the seller cannot withdraw from the purchase contract, the buyer is in accordance with the provisions of § 1829 paragraph 1 of the Civil Code entitled to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, whereby if the object of the purchase contract are several types of goods or the delivery of several parts, this period starts to run from the date of receipt of the last delivery of the goods. Withdrawal from the contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the contract, the buyer may use the template provided by the seller, which forms an attachment to the terms and conditions. The buyer may send the withdrawal from the purchase agreement to the address of the seller's store or to the e-mail address of the seller firstname.lastname@example.org.
5.3. In the case of withdrawal from the purchase contract under art. 5.2 of the terms and conditions the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of the withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods cannot be returned for their nature by the usual postal way.
5.4. In case of withdrawal from the contract under art. 5.2 of the terms and conditions the seller returns the monetary funds received from the buyer within fourteen (14) days of the withdrawal from the purchase contract by the buyer, in the same manner as the seller has received them from the buyer. The seller is also entitled to return the fulfillment provided by the buyer at the time of the return of the goods by the buyer or otherwise, if the buyer agrees with it and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods were sent to the seller.
5.5.The seller may unilaterally offset the claim for compensation of the damages on the goods against the buyer's claim for reimbursement of the purchase price.
5.6. In cases where the buyer has in accordance with the provisions of § 1829 paragraph 1 of the Civil Code right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the time of receipt of the goods by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by transfer to the account specified by the buyer.
5.7. If, together with the goods, a gift is provided to the buyer, the gift contract between the seller and the buyer is concluded with the resolutive condition that if the buyer withdraws from the purchase contract, such gift contract regarding such a gift is void and the buyer is obliged to return the gift to the seller together with the goods.
6.1. Where the mode of transport is agreed on the basis of a special requirement of the buyer, the buyer shall bear the risk and any additional costs associated with such mode of transport.
6.2. If the seller is according to the purchase contract obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that, for reasons on the side of the buyer, the goods must be delivered repeatedly or in another manner other than the one specified in the order, the buyer is obliged to reimburse the costs associated with the repeated delivery of the goods or the costs associated with another method of delivery.
6.4. Upon receipt of the goods from the carrier, the buyer must check the integrity of the packaging of the goods and notify the carrier immediately in case of any defects. In the event of a breach of the package indicating unauthorized intrusion into the consignment, the buyer needs not accept the consignment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be modified by the specific delivery conditions of the seller, if they are issued by the seller.
7.1. The rights and obligations of the contracting parties with respect to the rights from defective performance shall be governed by the relevant legal regulations (in particular by the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The seller shall be liable to the buyer that the goods are not defective upon receipt. In particular, the seller shall be liable to the buyer that at the time when the buyer has accepted the goods:
7.2.1. The goods have characteristics which the parties agreed on, and if there is no such agreement, that the goods has the characteristics which the seller or producer described or which the buyer expected in the light of the nature of the goods and on the basis of the advertising carried out by them,
7.2.2. The goods are suitable for the purpose which the seller states or to which goods of this kind are normally used for,
7.2.3. The goods correspond with the quality or design of the agreed sample or the master if the quality or design was determined according to the agreed the sample or the master,
7.2.4. The goods are in the appropriate quantity, amount or weight, and
7.2.5. The goods satisfy the legislative requirements.
7.3. The provisions referred to in article 7.2. of the terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, the wear of the goods caused by its normal use, the goods used for a defect corresponding to the degree of use or wear which the goods had at the time of their acceptance by the buyer or, if the nature of the goods indicates so.
7.4. If the defect occurs within six months of the takeover, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right of defect that occurs by the consumer goods within the period of twenty-four months from receipt.
7.5. Rights from defective performance shall be exercised by the buyer against the seller at the address of seller’s store in which the acceptance of the claim is possible with regard to the assortment of goods sold, possibly also in the seat or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's warranty order.
8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. 1 let. e) of the Civil Code.
8.3. For an out-of-court solution of consumer disputes from the purchase contract is authorized Czech trade inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: http://www.coi.cz.
8.4. The seller is entitled to sell the goods on the basis of its trade licence. The trade control shall be carried out within its competence by the relevant trade office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. Czech trade inspection exercises, to a limited extent, among others, the supervision of 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 meaning of § 1765 paragraph 2 of the Civil Code.
9.1. The personal data protection of the buyer who is a natural person is provided by the Act No. 101/2000 Coll., on the personal data protection, as amended.
9.2. The buyer agrees to the processing of the following personal data: first name, last name, home address, identification number, tax identification number, e-mail address, telephone number (hereinafter jointly referred to only as the "personal information").
9.3. The buyer agrees to the processing of personal data by the seller for the purpose of execution of rights and obligations under the purchase contract and for the purposes of maintaining the user account. If the buyer does not choose any other option, he/she agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communication to the buyer. Consent to the processing of personal data in its entirety under this article is not a condition which in itself makes the conclusion of the purchase contract impossible.
9.4. The buyer acknowledges that he/she is obliged to provide his/her personal data (at the time of registration, in his/her user account, when ordering from the store web interface) correctly and truthfully and that he/she is obliged to inform the seller without undue delay of any change in his/her personal data.
9.5. The seller may authorize third party to proces personal data of the buyer as a processor. In addition to persons transporting the goods, personal data will not be transferred to third parties by the seller without the buyer's prior consent.
9.6. Personal data will be processed for an indefinite period of time. 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 personal data provided are accurate and that he/she has been advised that this is a voluntary provision of personal data.
9.8. In the event that the buyer believs that the seller or the processor (article 9.5) carries out the processing of his/her personal data which is contrary to the protection of the buyer's private and personal life or in contravention of the law, in particular where personal data are inaccurate with regard to the purpose of their processing, the buyer may:
9.8.1. Ask the seller or the processor for an explanation,
9.8.2. Require the seller or the processor to remove the arisen status.
9.9. If the buyer requests information about the processing of his/her personal data, the seller is obliged to pass on this information. The seller has the right to provide the information according to the previous sentence against reasonable reimbursement not exceeding the costs necessary to provide the information.
10.1. The buyer agrees to receive information relating to the goods, services or business of the seller to the buyer's electronic address and further agrees to receive commercial communications from the seller to the buyer's e-mail address.
10.2. The buyer agrees with the storage of the so-called cookies on his/her computer. In the event that the purchase on the website can be made and the obligations of the seller to perform the purchase contract can be fulfilled without storing the so-called cookies on the computer of the buyer, the buyer may at any time revoke the consent under the previous sentence.
11.1. Any communication may be delivered to the buyer's e-mail address.
12.1. If the relationship based on a purchase contract contains an international (foreign) element, the parties agreed that the relationship is governed by Czech laws. This is without prejudice to consumer rights arising from generally binding legal regulations.
12.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced with 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 remaining provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.12.4. Přílohu obchodních podmínek tvoří vzorový formulář pro odstoupení od kupní smlouvy.
12.5. Contact details of the seller: delivery address Revoluční 14, 110 00 Prague 1, e-mail address email@example.com, phone +420 266 199 465.