Terms & Conditions
Trade Company Czech Shape
based Pomezí 468, 569 71, Border
registered in the Commercial Register: C 40721 - Regional Court in Hradec Kralove
for the sale of goods through an online store located on the Internet at www.czechshape.cz
1. PRELIMINARY PROVISIONS
1.1 These Terms and Conditions (the " Terms and Conditions "), a company with its registered office, identification number:, registered in the Commercial Register, Section, Entry (hereinafter referred to as " Seller ") govern in accordance with § 1751 paragraph. 1 of Law no. 89/2012 Coll., Civil Code (the " Civil Code ") mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the " purchase agreement ") concluded between the seller and another natural person (hereinafter " purchaser ') through the online store seller. Internet shop is operated by the seller on the website placed on the website (the " Website "), and via the website (hereinafter the " Web-based commerce ").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupation.
1.3 Provisions derogating from the terms and conditions can be agreed upon in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
1.5 Text trading conditions may change or supplement seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
SECOND USER ACCOUNT
1.2 Based on the registration by the purchaser on the website the buyer can access their user interface. From its user interface buyer can order goods (hereinafter " user account "). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface business.
2.2 When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. Data presented in the user account is a buyer at any change required to update. The data referred to by the buyer in the user account and ordering goods sellers are considered correct.
2.3 Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel your user account, especially if the buyer your user account does not use for longer than, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor or. necessary maintenance of hardware and software of third parties.
THIRD PURCHASE CONTRACT
1.3 All presentations of goods placed in the web interface of trade is indicative and the seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code shall not apply.
2.3 The Web interface provides information on trade of goods, including the prices of individual goods. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
3.3 Commerce web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order a catalog, the buyer fills an order form in the web interface business. Order form contains particular information about:
- 3.4.1. ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
- 3.4.2. method of payment of the purchase price, data on the desired method of delivery of goods ordered and
- 3.4.3. information on the costs associated with 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 modify data in order, the buyer put, even with regard to the option buyer to detect and correct errors during data entry in order.The order sends a buyer clicking on "". The data listed in the order they are deemed correct by the seller.
3.6 Sending orders is considered such an act buyer who unequivocal way to identify the ordered goods, the purchase price, the buyer person, method of payment of the purchase price, and is mutually binding draft contract. The condition of the order is to fill all the mandatory data in the order form, become familiar with these terms and conditions on the website and confirm the buyer that with these terms and conditions met.
3.7 Seller immediately upon receipt of an order the buyer confirms receipt of the email, and the email address of the buyer specified in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser ").
3.8 The seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.9 Contract proposal in the form of an order is valid for fifteen days.
3.10 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by email, and the email address of the buyer.
3.11. In the event that any of the requirements specified in the order can not meet the seller sends the buyer on the buyer's email address as amended offer, stating the possible variants of the order and request the opinion of the buyer.
3.12 The amended offer is considered a new draft contract of sale and purchase agreement in this case is closed until acceptance of the buyer via e-mail.
3.13. Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase agreement (the cost of Internet access, telephone costs) paid by the buyer himself, these costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT TERMS
1.4 The price of the goods and any costs associated with the delivery of goods under the purchase contract the buyer can pay the seller the following ways:
- 4.1.1. in cash by the seller at the address;
- 4.1.2. Cash on delivery at the place designated by the buyer in the order;
- 4.1.3. bank transfer to the seller's account no., led by the company (hereinafter " the seller's account ');
- 4.1.4. by cashless payment system;
- 4.1.5. cashless payment card;
- 4.1.6. through a loan provided by a third party.
2.4 Together with the purchase price, the buyer is obliged to pay the costs associated with packaging and delivery at an agreed rate. Unless expressly stated otherwise, refers to the purchase price and the costs associated with delivery of goods.
3.4 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 business conditions regarding the obligation to pay the purchase price 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 goods. In the case of cashless payment, the purchase price is payable to the days of the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods and giving variable symbol of payment. In the case of cashless payment by the buyer to pay the purchase price at the time met the appropriate amount to the seller's account.
4.6 The seller is entitled, in particular in the event that the Buyer does not for additional confirmation (Art. 3.6), require payment of 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 the price of goods by the seller to the buyer can not be combined.
4.8 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. The seller pays the value added tax. The tax document - invoice seller to the buyer after payment of the price of the goods and send it electronically to the email address of the buyer.
5. WITHDRAWAL FROM CONTRACT
1.5 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, can not withdraw from the contract:
- 5.1.1. the supply of goods whose price depends on fluctuations of financial markets beyond the control of the seller and which may occur during the period for withdrawal,
- 5.1.2. the supply of alcoholic beverages, which can be delivered only after thirty days and whose price depends on fluctuations of financial markets beyond the vendor,
- 5.1.3. the supply of goods that has been modified according to the wishes of the buyer or to his person
- 5.1.4. the supply of goods subject to rapid deterioration, as well as goods that have been delivered over irretrievably mixed with other goods,
- 5.1.5. the supply of sealed goods that buyers of unsealed and hygiene reasons it is not possible to return
- 5.1.6. the supply of audio or video recordings or computer program, if breached their original packaging,
- 5.1.7. the supply of newspapers, periodicals or magazines,
- 5.1.8. the supply of digital content, if not supplied on a tangible medium and came with the prior express consent of the buyer before the deadline for withdrawal and selling before concluding the contract the buyer told that in this case has the right to withdraw from the contract.
2.5 If this is not the case under Art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from receipt of goods, in which case the contract of sale are several types of goods or the supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the deadline mentioned in the previous sentence.
3.5 For withdrawal from the contract the buyer used a model form provided by the seller, annexed business conditions. Withdrawal from the contract the buyer may send inter alia, the address of the registered office or the seller. For service withdrawal, the provisions of Art. 11 of these terms and conditions.
4.5 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase agreement from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal seller.If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned to their character usual postal route.
5.5 In case of withdrawal pursuant to Art. 5.2 seller returns funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer in the same way as the seller from the buyer received. The seller is also entitled to return the benefits provided by the buyer has been the return of goods by the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before he returns buyer of goods or demonstrate that the goods the seller sent.
5.6 Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the buyer's claim for refund of the purchase price.
5.7 Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the buyer without undue delay, and bank transfer to an account designated by the buyer.
5.8 If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract the buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
6. TRANSPORT AND DELIVERY
1.6 In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
2.6 If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
3.6 In the event that the reasons for which the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer shall pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the event of a breach of the reunion package indicative of unauthorized intrusion into consignment buyer may not take shipment from the carrier.
7. RIGHTS OF DEFECTIVE PERFORMANCE
1.7 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code).
2.7 The seller is liable to the buyer that the goods on delivery no defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
- 7.2.1. the goods are qualities that the parties have negotiated, and if there is no agreement, it has characteristics which the seller or manufacturer has described or that buyers expect with regard to the nature of the goods and based on advertising they carry.
- 7.2.2. the goods are fit for the purpose which for its use or selling lists to which goods of the same type are normally used
- 7.2.3. Product corresponds to the quality or making the agreed sample or template, if it was determined the quality or performance contracted by sample or template,
- 7.2.4. the goods in appropriate quantity, measure or weight and
- 7.2.5. the goods comply with the legal requirements.
3.7 The provisions referred to in Art. 7.2 business conditions do not apply to goods sold at a lower price to the defect for which the lower price was negotiated to wear and tear caused by its common use, for used goods for defects caused by use or wear that goods had to take over buyer, or if it appears that the nature of the goods.
4.7 Effect if the defect within six months of receipt, it is considered that the product was defective already upon receipt.
5.7 The rights of the purchaser exercises defective performance by the seller at his establishment, which is possible taking into account the assortment of goods sold, possibly at the seat or place of business. In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
6.7 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.
8. MORE RIGHTS AND OBLIGATIONS OF THE PARTIES
1.8 The buyer acquires ownership of the goods by paying the entire purchase price
2.8 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
3.8 Court complaint provides consumers seller via e-mail addresses. Information on the settlement of the complaint buyer sends the seller to the buyer's email address.
4.8 The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of their respective trade office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs in a limited scope, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
5.8 The Buyer takes over the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
1.9 Privacy buyer who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
2.9 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number, (hereinafter collectively referred to as " personal information ").
3.9 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not select another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety by this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
4.9 Buyer acknowledges that it is obligated to your personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
5.9 Processing of personal data of the buyer the seller may appoint a third party as a processor. In addition to persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
6.9 Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
8.9 In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
- 9.8.1. ask the seller or processor for explanation
- 9.8.2. require the seller or processor to correct the situation.
9.9 If the buyer information about the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. GET BUSINESS COMMUNICATION AND STORAGE OF COOKIES
1.10 Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agrees to receive commercial communications by the seller to the buyer's email address.
2.10 Buyer agrees with saving so. Cookies on his computer. In the event that the purchase on the website can be made and obligations of the seller to perform the contract of sale, without storage so. Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
11.1. Notice concerning the relationship of the seller and the buyer, especially regarding the withdrawal from the contract, must be received by mail by registered letter, unless the purchase contract states otherwise. The notification shall be delivered to the appropriate contact address of the other Party and shall be deemed received and effective upon their delivery by mail, except for the notice of withdrawal made by the buyer, the withdrawal is effective if the buyer notice of the deadline for withdrawal sent.
11.2. As delivered is considered the announcement, the takeover was rejected by the addressee, which was not picked up in time deposit, or which were returned as undeliverable.
11.3. The Parties may mutually deliver regular correspondence by e-mail, at the e-mail address specified in the user account of the buyer or buyers specified in the order, respectively. to the address indicated on the website of the seller.
12. FINAL PROVISIONS
1.12 If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legislation.
2.12 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require written form.
3.12 The purchase agreement including terms and conditions the seller is archived in electronic form and is not accessible.
12.4. Attachment business conditions form a model form for withdrawal from the contract.
12.5. Contact details seller: postal address, email address, phone.