Terms and Conditions
Terms and Conditions
These Terms and Conditions (hereinafter referred to as "T&C") govern the rights and obligations between:
Petra Stahlová
Registered office: Třebichovice 168, 273 06, Czech Republic
Company ID: 75496739
VAT ID: CZ8451040664
Individual entrepreneur under the Trade Licensing Act, not registered in the Commercial Register
Email: pstahlova@gmail.com
Tel: +420777302839
Bank account number:
CZK: 6604471329/0800
EUR: 2236205263/0800
(hereinafter referred to as the "Seller") on one side, and the Buyers on the other side, for the sale of goods via the online shop located at the web address.
INTRODUCTORY PROVISIONS
1.1. These T&C of the Seller govern, in accordance with § 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations arising in connection with or based on a purchase agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on a website located at www.eshop.petra-stahlova.cz (hereinafter referred to as the "Website"), through the Website interface (hereinafter referred to as the "Shop Interface").
1.2. Provisions deviating from these T&C may be agreed upon in the Purchase Agreement. Such deviating provisions in the Purchase Agreement take precedence over the provisions of these T&C.
1.3. The provisions of these T&C are an integral part of the Purchase Agreement. The Purchase Agreement and T&C are executed in the Czech language. The Purchase Agreement can be concluded in the Czech language.
1.4. The Seller may amend or supplement the wording of the T&C. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the T&C.
USER ACCOUNT
2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. From their user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Shop Interface allows, the Buyer can also order goods without registration directly from the Shop Interface.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the data provided in the User Account upon any change. The data provided by the Buyer in the User Account and during the ordering of goods is considered correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access their User Account.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than a year or if the Buyer breaches their obligations under the Purchase Agreement (including these T&C).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with regard to necessary maintenance of the Seller's hardware and software, or necessary maintenance of third parties' hardware and software.
CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The presentation of goods in the Shop Interface is informative and the Seller is not obliged to enter into a Purchase Agreement regarding these goods. The provisions of § 1732(2) of the Civil Code do not apply.
3.2. The Shop Interface contains information about the goods, including the prices of individual goods. The prices of goods are inclusive of VAT and all related charges, except for costs associated with packaging and delivering the goods. The prices of goods remain valid as long as they are displayed in the Shop Interface. This provision does not limit the Seller's ability to conclude a Purchase Agreement under individually agreed terms.
3.3. The Shop Interface also contains information about the costs associated with packaging and delivering the goods. The information about the costs associated with packaging and delivering the goods in the Shop Interface applies only in cases where the goods are delivered within the Czech Republic and Slovakia.
3.4. To order goods, the Buyer fills out the order form in the Shop Interface. The order form contains particularly information about:
3.4.1. the ordered goods (the Buyer "places" the ordered goods into the electronic shopping cart of the Shop Interface), 3.4.2. the method of payment for the goods, details of the desired method of delivery of the ordered goods, and 3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including the possibility for the Buyer to identify and correct errors made during data entry into the Order. The Buyer sends the Order to the Seller by clicking on the "Order" button. The data provided in the Order are considered correct by the Seller. The Seller shall immediately confirm receipt of the Order to the Buyer by email, to the Buyer's email address provided in the User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").
3.6. The Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example, in writing or by phone), depending on the nature of the Order (quantity of goods, amount of purchase price, estimated shipping costs).
3.7. The contractual relationship between the Seller and the Buyer arises from the delivery of the acceptance of the Order, which is sent by the Seller to the Buyer by email, to the Buyer's Email Address.
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. The costs incurred by the Buyer when using remote communication means in connection with concluding the Purchase Agreement (internet connection costs, phone call costs) are borne by the Buyer himself, while these costs do not differ from the basic rate.
PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
– cashless transfer to the Seller's account: CZK: 6604471329/0800, EUR: 2236205263/0800
- GoPay payment
4.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of these T&C regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cashless payment, the purchase price is due within 7 days of concluding the Purchase Agreement.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the 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. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.7. If the customer has a valid discount code or gift voucher code, they enter this code in the appropriate field on the web form for submitting the Order. Individual discounts cannot be combined. If the customer has a loyalty percentage discount on the purchase, this discount is automatically deducted from each purchase made under their registration. The Seller reserves the right to modify or cancel discount coupons or loyalty discounts without providing a reason.
4.8. If it is usual in business transactions or if so provided by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer regarding payments made under the Purchase Agreement. The Seller is a VAT payer. 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 Email Address.
4.9. After submitting the Order, the Buyer has the option to use the ePayment service, which will redirect them to the online banking of their bank. The Buyer will make the payment through internet banking. The Seller will ship the goods immediately after receiving confirmation of payment. Money transfers are made through the account of ComGate Payments, a.s. Sensitive input data that you enter into the online banking system are protected by the bank's payment gateways and are not accessible to third parties. Payment processors see only the information about the transaction provided by the bank with the sent transaction. By concluding the Purchase Agreement, the Buyer, who is a natural person, gives the Seller consent to process their contact data until the Buyer expresses written disagreement with this processing. The contact details provided by the Buyer when ordering are used exclusively for our needs and will not be provided to other entities, except for payment processors.
WITHDRAWAL OF THE CONSUMER BUYER FROM THE PURCHASE AGREEMENT
5.1. The provisions of this Article 5 apply only in the case of a Purchase Agreement concluded between the Seller and a Buyer who is a consumer within the meaning of § 419 of the Civil Code.
5.2. The Buyer - consumer acknowledges that, according to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the delivery of goods that have been customized according to the Buyer's wishes - consumer or for their person (author's signature of the book with a dedication), from a Purchase Agreement for the delivery of goods that are perishable, as well as goods that have been irretrievably mixed with other goods after delivery, from a Purchase Agreement for the delivery of goods in a sealed package that the Buyer - consumer has removed from the package and cannot be returned for hygiene reasons, from a Purchase Agreement for the delivery of an audio or video recording or computer program, if the original packaging has been damaged, and also from a Purchase Agreement for the delivery of newspapers, periodicals, or magazines.
5.3. If it is not a case mentioned in Article 5.1 or another case where it is not possible to withdraw from the Purchase Agreement, the Buyer - consumer has the right, in accordance with § 1829(1) of the Civil Code, to withdraw from the Purchase Agreement concluded via the e-shop within fourteen (14) days of receiving the goods, provided that if the subject of the Purchase Agreement 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. If the Buyer - consumer wishes to withdraw from the Agreement under the previous paragraph within 14 days, they should ideally contact the Seller by email and provide a written statement indicating that they are withdrawing from the Agreement, including the order number, purchase date, and account number for the refund. The withdrawal from the Purchase Agreement can be sent by the Buyer - consumer to the Seller's address (Petra Stahlová, Ivana Olbrachta 2614, Kladno 27201) or to the Seller's email address: pstahlova@gmail.com.
5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of these T&C, the Purchase Agreement is canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days of withdrawal from the Agreement, to the delivery address:
Petra Stahlová
Třebichovice 168
273 06
Tel. line for returns or complaints: +420777302839
5.5. The Buyer - consumer has the right to a refund of the shipping costs only in the lowest offered amount. If the Buyer - consumer withdraws from the Purchase Agreement, the Buyer - consumer bears the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by usual postal means.
5.6. The Buyer - consumer, in the case of exercising the right to withdraw from the Agreement within 14 days of receiving the performance, must return everything they received under the Purchase Agreement. The Buyer - consumer is responsible to the Seller for any decrease in the value of the goods that occurred due to handling the goods differently than necessary to understand the nature and characteristics of the goods. The Buyer - consumer acknowledges that if the goods returned by the Buyer - consumer are damaged, worn out, or partially consumed, the Seller is entitled to compensation for the damage incurred. The Seller is entitled to unilaterally set off the claim for compensation against the Buyer's - consumer's claim for the refund of the purchase price. The Seller may also set off its actual costs incurred in connection with the return of the goods against the purchase price to be refunded to the Buyer - consumer.
5.7. If the Buyer - consumer withdraws from the Agreement under Article 5.2 of these T&C, the Seller will return the monetary funds received from the Buyer - consumer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer - consumer. The Seller is also entitled to return the performance provided by the Buyer - consumer upon return of the goods by the Buyer - consumer or in another way, provided the Buyer agrees and does not incur additional costs. If the Buyer - consumer withdraws from the Purchase Agreement, the Seller is not obliged to return the received monetary funds to the Buyer - consumer before the Buyer - consumer returns the goods or proves that the goods have been sent to the Seller.
5.8. The Seller is entitled to set off the claim for compensation for damage to the goods against the Buyer's - consumer's claim for a refund of the purchase price.
5.9. Until the goods are received by the Buyer - consumer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller will refund the purchase price to the Buyer - consumer without undue delay, cashless to the account designated by the Buyer - consumer.
5.10. If a gift is provided to the Buyer - consumer together with the goods, the gift agreement between the Seller and the Buyer - consumer is concluded with a condition subsequent that if the Buyer - consumer withdraws from the Purchase Agreement, the gift agreement regarding such a gift becomes ineffective, and the Buyer - consumer is obliged to return the gift provided together with the goods to the Seller.
5.11. If the Buyer cancels an order for a confectionery or culinary course, they are entitled to a refund only if their place is filled by a substitute. In such a situation, a full refund of the purchase price will be issued. By agreement between the Buyer and the Seller, it is possible to offer the place in the course for resale at a reduced price. If the place in the course cannot be refilled, the money for the purchased place in the course will not be refunded.
TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transportation is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transportation.
6.2. If the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order under the Purchase Agreement, the Buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the Buyer, it is necessary to deliver the goods repeatedly or in a different manner than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, or the costs associated with a different method of delivery.
6.4. The ordered goods will be delivered according to their availability and the Seller's operational capabilities in the shortest possible time by a courier service, usually within 2-5 working days from the binding confirmation and payment of the Order, but no later than 14 working days (except for the sale of goods for which a later delivery has been agreed in advance). The Buyer will be informed by email that the Seller has handed over the consignment to the chosen carrier.
6.5. If the ordered goods are not in stock for a long time or cannot be delivered to the carrier within the agreed period, the Seller has the right to withdraw from the Purchase Agreement (binding Order). If part or all of the Order has been paid, the money will be returned to the Buyer’s account, no later than 14 days from mutual agreement.
6.6. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and, in the event of any defects, immediately notify the carrier. If the packaging is found to have been tampered with, the Buyer may not accept the consignment from the carrier.
6.7. The Buyer is obliged to check the contents of the consignment and immediately report any discrepancies (damaged goods, missing goods, or incorrectly sent items) to the Seller, ideally on the same day. Any complaints about transportation must be made within 2 working days of delivery to the Buyer.
6.8. The goods will be shipped to the address chosen by the Buyer and paid according to the Buyer's selection from the options provided by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties concerning rights from defective performance are governed by applicable generally binding regulations.
7.2. The Buyer exercises the rights from defective performance with the Seller at the address:
Petra Stahlová
Třebichovice 168
273 06
Contact person: Petra Stahlová, pstahlova@gmail.com
Tel. line for complaints: +420777302839
The moment of exercising rights is considered the moment when the Seller received the defective goods from the Buyer. In the case of asserting defects, the customer always contacts the Seller first at pstahlova@gmail.com or by phone! The goods are returned to the logistics center only after agreement and always documenting the product. All complaints must be made with the carriers no later than 2 days after delivery. Otherwise, it is no longer possible to file a complaint and demand compensation.
7.3. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaints procedure.
7.4. Gifts provided free of charge cannot be claimed by the Buyer - consumer. Such goods meet the conditions of the gift agreement and all standards under applicable Czech law.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Seller is not bound by any codes of conduct towards the Buyer within the meaning of § 1826(1)(e) of the Civil Code.
8.3. In the event that a consumer dispute arises between the Seller and the Buyer - consumer from the Purchase Agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated body for out-of-court resolution of consumer disputes, which is:
Czech Trade Inspection
Central Inspectorate - ADR Department
Štěpánská 15120 00 Prague 2
Email: adr@coi.cz
Web: adr.coi.cz.
8.4. The Seller is entitled to sell goods based on a trade license. Trade license control is carried out within the scope of its competence by the relevant trade office. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection exercises, to a defined extent, supervision, among other things, over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.5. The Buyer assumes the risk of a change of circumstances within the meaning of § 1765(2) of the Civil Code.
PERSONAL DATA PROTECTION
9.1. The provisions of this Article 9 apply only to Buyers who are natural persons.
9.2. The protection of the Buyer's personal data is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended. The operator is registered with the Office for Personal Data Protection under registration number: 00054219.
9.3. The Buyer agrees to the processing of their personal data: name and surname, address of residence, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
9.4. The Buyer agrees to the processing of personal data by the Seller for the purposes of fulfilling rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses another option, they agree to the processing of personal data by the Seller also for the purposes of sending information and commercial communications to the Buyer. Consent to the processing of personal data to the extent specified in this Article is not a condition that would, by itself, prevent the conclusion of the Purchase Agreement.
9.5. The Buyer acknowledges that they are obliged to provide their personal data (during registration, in their User Account, when ordering from the Shop Interface) correctly and truthfully and that they are obliged to inform the Seller without undue delay of a change in their personal data.
9.6. The processing of personal data of the Buyer may be entrusted by the Seller to a third party, as a processor. Except for persons transporting goods, personal data will not be provided to third parties by the Seller without the prior consent of the Buyer.
9.7. 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.
9.8. The Buyer confirms that the personal data provided are accurate and that they have been informed that it is voluntary to provide personal data.
9.9. If the Buyer believes that the Seller or the processor (Article 9.5) is processing their personal data in a manner that is inconsistent with the protection of the Buyer's private and personal life or in contravention of the law, especially if the personal data are inaccurate concerning the purpose of their processing, they may:
9.9.1. request an explanation from the Seller or the processor, 9.9.2. require the Seller or the processor to remedy this situation.
9.10. If the Buyer requests information about the processing of their personal data, the Seller is obliged to provide this information. The Seller has the right to request a reasonable payment for providing the information, not exceeding the costs necessary to provide the information.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. The Buyer agrees to the sending of information related to the goods, services, or business of the Seller to the Buyer's email address and also agrees to the sending of commercial communications by the Seller to the Buyer's email address.
10.2. The Buyer agrees to the storing of cookies on their computer. If it is possible to make a purchase on the Website and fulfill the Seller's obligations under the Purchase Agreement without storing cookies on the Buyer's computer, the Buyer may withdraw their consent under the previous sentence at any time.
DELIVERY
11.1. Communications to the Buyer can be delivered to the Buyer's email address specified in their User Account or specified by the Buyer in the Order.
FINAL PROVISIONS
12.1. If a relationship established by a Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of these T&C is invalid or ineffective, or if it becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and amendments to the Purchase Agreement or these T&C require written form.
12.3. We inform you that the information on the Website is partly taken from third parties, may contain factual and technical inaccuracies or typographical errors, and may be updated without prior notice. The Seller may change the products and services described on its website at any time without prior notice and does not guarantee the factual accuracy of their content.
12.4. The costs for using remote communication means (telephone, internet, etc.) to place an order are in the usual amount, depending on the telecommunications services tariff used by the Buyer. These costs are borne by the Buyer.
12.5. The Purchase Agreement, including these T&C, is archived by the Seller in electronic form and is not accessible.
12.6. Seller's contact details: delivery address Petra Stahlová, Třebichovice 168, 372 06, Czech Republic, email address pstahlova@gmail.com, phone +420777302839.
These Terms and Conditions are effective from November 1, 2018.