Terms of service
of the Akad. mal Jaroslava PROCHÁZKOVÁ
Headquartered in: Valdštejnská 150/4, Praha - Malá Strana, 11800
Company registration number: 74221230
for selling goods by means of an online shop located at the Internet address http://www.jaroslava.cz
1. INTRODUCTORY PROVISIONS
1.1. These Trade Terms (hereinafter referred to as the “Trade Terms”) of the Akad. mal Jaroslava PROCHÁZKOVÁ, headquartered in Valdštejnská 150/4, Praha - Malá Strana, 11800, company registration number: 74221230, define mutual rights and duties of contractual parties arisen in relation or on the base of a Purchase Contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and a physical or legal person (hereinafter referred to as the “Buyer”) through the Seller´s online shop. The online shop is run by the Seller at the Internet address http://www.jaroslava.cz by means of a web interface (hereinafter referred to as the “web interface of the shop”).
1.2. The Trade Terms further define rights and duties of contractual parties when using the Seller´s websites located at the Internet address http://www.jaroslava.cz (hereinafter referred to as the “website”) and other connected legal relations. The Trade Terms do not apply to cases when the person who intends to buy some goods from the Seller places the order within his/her entrepreneurial activities.
1.3. Provisions divergent from the Trade Terms may be arranged in the Purchase Contract. Divergent provisions in the Purchase Contract take precedence over the Trade Terms provisions.
1.4. Provisions of the Trade Terms form an integral part of the Purchase Contract. The Purchase Contract and the Trade Terms are written in Czech. The Purchas Contract can be concluded in Czech.
1.5. The Seller can change or complete wording of the Trade Terms. Such provision does not affect the rights and duties arisen under validity of the previous Trade Terms wording.
2. USER ACCOUNT
2.1. After the Buyer registers on the website, he/she gains access to his/her user interface. From his/her user interface (hereinafter referred to as the “user account”), he/she can order the goods. If the web interface of the shop allows, the Buyer can order the goods also without registration directly from web interface of the shop.
2.2. When registering on the website and ordering the goods, the Buyer is obliged to enter all data correctly and truthfully. The Buyer is obliged to update the data in his/her user account whenever they change. The Seller considers the data entered by the Buyer to his/her user account and when ordering the goods to be correct.
2.3. Access to the user account is secured by a user name and a password. The Buyer is obliged to maintain secrecy as regards the information required to access his/her user account and acknowledges that the Seller is not responsible for breaching of this duty by the Buyer.
2.4. The Buyer is not entitled to allow third parties (persons) to use his/her user account.
2.5. The Buyer can cancel his/her user account especially in the case that the Buyer has not used the user account for more than 60 days or if the Seller breaches his duties implied by the Purchase Contract (including the Trade Terms).
2.6. The Buyer acknowledges that the user account does not have to be accessible 24/7 especially with regard to necessary maintenance of the Seller´s hardware and software or necessary maintenance of hardware and software of third parties.
3. CONCLUDING THE PURCHASE CONTRACT
3.1. The web interface of the shop contains: goods listed in section http://www.jaroslava.cz/eshop. Prices of the offered goods are listed including the value added tax and all related fees. The offer and prices of the goods are valid as long as they are displayed on the shop web interface. This provision does not restrict the Buyer´s possibility to conclude the Purchase Contract under the conditions that are negotiated individually. All the offers to sell the goods placed on the web interface of the shop are not binding and the Seller is not obliged to conclude a Purchase Contract for these goods.
3.2. Web interface of the shop also contains the information about postage and packing. The information about postage and packing of the goods displayed on the website applies in the case that the goods are delivered within the European Union and the Czech Republic.
3.3. To order the goods, the Buyer shall fill in the form on the shop web interface. The order form includes especially the information about:
3.3.1. the ordered goods (the Buyer puts the goods to his/her e-basket on the web interface of the shop),
3.3.2. way of payment of the goods purchase price, data on the required way of the ordered goods delivery and
3.3.3. information about the costs related to the goods delivery (hereinafter referred to as the “Purchase Order”).
3.4. Before the Purchase Order is sent to the Seller, the Buyer can check and change the data entered to the Purchase Order, also with respect to the possibility that the Buyer detects and needs to correct mistakes made when entering data to the Purchase Order. The Buyer sends the Purchase Order to the Seller by clicking the “Confirmation of Order” button. The Seller considers the data entered by the Buyer to the Purchase Order to be correct. Immediately after receiving the Purchase Order, the Seller confirms the receipt to the Buyer by e-mail at the e-mail address entered by the Buyer on his/her user interface or in the Purchase Order (hereinafter referred to as the “Buyer´s e-mail address”).
3.5. The Seller is always entitled, depending on the nature of the Purchase Order (amount of goods, purchase price, expected postage), to request additional confirmation of the Purchase Order from the Buyer (e.g. in writing or by phone).
3.6. Contractual relation between the Seller and the Buyer arises by delivering Purchase Order receipt (the acceptance) which the Seller sends to the Buyer by e-mail to the Buyer´s e-mail address.
3.7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Contract especially with people who have previously seriously breached their obligations towards the Seller.
3.8. The Buyer approves the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer due to the use of these remote communication means in relation to concluding the Purchase Contract (cost of the Internet connection, telephone fees) are covered by the Buyer.
4. PRICE OF THE GOODS AND TERMS OF PAYMENT
4.1. The Buyer can pay the price of the goods and the potential costs related to goods delivery according to the Purchase Contract to the Seller by one of the following methods:
- by cashless transfer to Seller´s account No. 0318132003/0800 held at Česká spořitelna a.s. (hereinafter referred to as the “Seller´s account”);
- by cashless transfer through PayPal;
- by cashless transfer through credit or debit card;
- by personal collection at sellers address; Palác Lucerna – 1 n.p., Štěpánská 704/61, 110 00, Praha 1-Nové Město
4.2. The Buyer is obliged to pay the agreed sum of postage and packing together with the purchase price. Unless explicitly stated otherwise the term “purchase price” hereinafter means the price including the postage and packing.
4.3. In the case of cash payment or cash on delivery, the purchase price is due on taking the delivery. In the case of cashless payment, the purchase price is due in 1 day after the Purchase Contract is concluded.
4.4. In the case of cashless payment, the Buyer is obliged to insert the variable symbol while paying the purchase price of the goods. If the cashless payment is used, the Buyer´s obligation is fulfilled as soon as the corresponding sum is credited to the Seller´s account.
4.5. The Seller is entitled, especially in the case that the Buyer has not provided additional confirmation of the Purchase Order (section 3.5), to require payment of the whole purchase price before the goods is actually sent to the Buyer.
4.6. Potential discounts of the goods provided by the Seller to the Buyer cannot be combined.
4.7. If it is common in the commercial intercourse or if it is defined by generally binding legal regulations, the Seller will upon the Purchase Contract issue a tax document – invoice for the payments carried out by the Buyer. The Buyer is the payer of the value added tax. The Seller will issue the tax document – invoice to the Buyer after the price of the goods is paid, and send it to him/her in electronic form to the Buyer´s e-mail address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer is advised that according to § 53, Art. 8 of the Act No. 40/1964, Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”) one cannot withdraw from, among others, a purchase contract for delivery of goods specially tailored according to the customer´s wish as well as for delivery of perishables and goods subjected to fast wearing and obsolescence, from purchase contract for audio and video records and computer programmes in the case that the user opened the original packing and from a purchase order for delivery of newspapers, periodicals and magazines.
5.2. If it is not the case listed in section 5.1 or other case in which it is not allowed to withdraw from a purchase contract, the Buyer is entitled to withdraw from the Purchase Contract in compliance with § 53, Art. 7 of the Civil Code within fourteen (14) days after receiving the goods. The Withdrawal from the Purchase Contract must be delivered to the Seller within fourteen (14) days after the goods were received. The Withdrawal from the Purchase Contract can be sent, among others, to the establishment of the Seller or to the Seller´s e-mail address email@example.com .
5.3. In the case of Withdrawal from the Purchase Contract according to section 5.2 of the Trade Terms, the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within 5 working days after the Withdrawal from the Purchase Contract was sent to the Seller. The goods must be returned to the Seller undamaged, not worn out and in their original intact packing.
5.4. In fifteen (15) days after the goods are returned back to the Seller according to section 5.3 of the Trade Terms, the Seller is entitled to inspect the returned goods especially to find out if the returned goods were not damaged, worn out or partially consumed.
5.5. In the case of Withdrawal from the Purchase Contract according to section 5.2 of the Trade Terms, the Seller will return the payment provided by the Buyer to the Buyer within ten (10) days after the period for examining the goods according to section 5.4 of the Trade Terms expires but not later than thirty (30) days after the delivery of the Withdrawal from the Purchase Contract by the Buyer by a cashless transfer to the account specified by the Buyer. The Seller is also entitled to return the payment provided by the Buyer as soon as at the return of the goods from the Buyer.
5.6. The Buyer acknowledges that if the goods returned by the Buyer is damaged, worn down or partially consumed, the Seller is entitled to lay a claim to damages incurred by the Seller from the Buyer. The Seller is entitled to unilaterally set the claim to the damage off towards the Buyer´s claim to have the purchase price returned.
5.7. Until the goods are received by the Buyer, the Seller is entitled to withdraw from the Purchase Contract at any time. In such case the Seller will return the purchase price to the Buyer without any delay by cashless transfer to the account specified by the Buyer.
5.8. If a present is provided together with the goods, the donation contract between the Seller and the Buyer is concluded with the condition that if the consumer withdraws from the Purchase Contract, the donation contract related to the present becomes void and the Buyer shall be obliged to return the provided present together with the goods to the Seller.
6. TRANSPORT AND DELIVERY OF THE GOODS
6.1. Method of the goods delivery is specified by the Buyer unless otherwise stated in the Purchase Contract. In the case that the way of transport is agreed upon the Buyer´s requirement, the Buyer bears the risks and possible additional expenses related to this way of transport.
6.2. If according to the Purchase Contract the Seller is obliged to deliver the goods to a place specified by the Buyer in the Purchase Order, the Buyer is obliged to take the goods over at the delivery. If the Buyer does not take the goods over at the delivery, the Seller is entitled to charge a fee for storing in the amount of CZK 500 (five hundred Czech koruna) or withdraw from the Purchase Contract.
6.3. In the case that due to reasons at the side of the Buyer, the goods needs to be delivered repeatedly or in another way than specified in the Purchase Order, the Buyer is obliged to pay the expenses connected with repeated delivery of the goods or the expenses connected to another way of delivery.
6.4. When taking the goods over from the carrier, the Buyer is obliged to check that the packing of the goods is intact and if any defects are detected, immediately inform the carrier. If the Buyer discovers that the packing is damaged in a way indicative to unauthorised penetration to the consignment, the Buyer is not obliged to accept it from the carrier. By signing the delivery note the Buyer confirms that packing of the consignment containing the goods is intact.
6.5. Further rights and duties of the parties related to transport of the goods may be defined by the Seller´s special delivery terms if such terms are issued by the Seller.
7. RESPONSIBILITY FOR DEFECTS, WARRANTEE
7.1. Rights and duties of contractual parties related to responsibility for defects including the warrantee responsibility of the Seller are governed by respective generally binding regulations (especially by provisions of § 612 and the following ones of the Civil Code).
7.2. The Seller is responsible to the Buyer that the sold thing complies with the Purchase Contract especially that it is free of defects. Compliance with the Purchase Contract means that the sold thing features the quality and utility characteristics required by the Contract, described by the Seller, manufacturer or their representative or expected upon provided advertising, or the quality and utility characteristics usual for similar type of goods, that it corresponds with requirements of legal regulations, is delivered in proper amount, rate or weight and is appropriate for the purpose declared by the Seller or the purpose for which the thing is usually used.
7.3. In the case that the thing does not comply with the Purchase Contract (hereinafter referred to as “conflict with Purchase Contract”), the Buyer has the right to have the issue corrected by the Seller free of charge and without delay as to comply with the Purchase Contract according to the Buyer´s requirement either by replacing the thing or by its repair. If such solution is not possible, the Buyer may require adequate discount from the price or withdraw from the Contract. The above does not apply if the Buyer had known about the conflict with the Purchase Contract before accepting the thing or if he/she him/herself caused the conflict with the Purchase Contract. Conflict with the Purchase Contract that appears within six (6) months after receiving the thing is considered to have existed before the acceptance unless it contradicts the nature of the issue or the contrary is proved.
7.4. Unless the things are perishables or used items, the Seller is responsible for defects that manifest themselves as a conflict with the Purchase Contract after accepting the thing within the warranty period.
7.5. The Buyer shall assert his/her rights resulting from Seller´s responsibility for defects, including the Seller´s warrantee responsibility, at the address of the Seller´s establishment at Palác Lucerna – 1 n.p., Štěpánská 704/61, 110 00, Praha 1-Nové Město. The moment when the Seller receives the returned goods from the Buyer is supposed t be the moment of asserting the claim.
7.6. Other rights and duties of contractual parties related to the Seller´s responsibility for defects are provided for by the Seller´s warranty terms.
8. OTHER RIGHTS AND DUTIES OF CONTRACTUAL PARTIES
8.1. The Buyer takes the ownership of the goods by paying the whole purchase price of the goods.
8.2. The Buyer acknowledges that software and other aspects comprising web interface of the shop (including the pictures of offered goods) are protected by a copyright. The Buyer pledges not to carry out any activity that could allow him/her or third persons to interfere to or use without authorisation the software or other aspects comprising web interface of the shop.
8.3. When using the web interface of the shop, the Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect operation of the web interface of the shop. The web interface of the shop may only be used in such scope that does not infringe on other customers´ rights and which is in compliance with its purpose.
8.4. The Seller is not bound by any behaviour codex in the sense of §53a, Art. 1 of the Civil Code in relation to the Buyer.
8.5. The Buyer acknowledges that the Seller bears no responsibility for mistakes arisen as a result of third persons´ interference to the website or as a result of using the website in contrary to its purpose.
9. PERSONAL DATA PROTECTION AND SENDING OF COMMERCIAL NEWS
9.1. The Buyer´s personal data protection, in the case that the Buyer is a physical person, is provided by the Act. No. 101/2000 Coll., on Personal Data Protection, as amended.
9.2. The Buyer agrees with processing of the following personal data: first name and surname, permanent address, e-mail address, phone number and sex (hereinafter referred to as the “personal data”).
9.3. The Buyer agrees with personal data processing for the purposes of executing the rights and duties implied by the Purchase Contract, purposes of keeping the user account and for the purposes of sending the information and commercial news to the Buyer.
9.4. The Buyer is aware that he/she is obliged to state his/her personal data (when registering, in the user account, when ordering from web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without delay about changes in his/her personal data.
9.5. The Seller may authorise a third person to process the data for him as a processor. Buyer´s personal data shall not be provided to any other person without the Buyer´s prior approval with the exception of the persons delivering the goods.
9.6. Personal data shall be processed for an indefinite period of time. Personal data shall be processed in an electronic form by automated way or in a printed form by non-automated way.
9.7. The Buyer confirms that the provided personal data are correct and that he/she was informed that the personal data were provided voluntarily.
9.8. In the case that the Buyer supposes that the Seller or the processor (art. 9.5) processes his/her personal data in conflict with protection of his/her private life or with the law, especially if the personal data are not correct with respect to the purpose of their processing, the Buyer may:
9.8.1. Ask the Seller or the processor for explanation,
9.8.2. Require the Seller or the processor to recover the situation. It can mean especially blocking, correction, completing or removal of the personal data. If the Buyer´s request according to the previous sentence is found to be justified, the Seller or the processor shall immediately remove the incorrect status. If the Seller or the processor does not oblige the request, the Buyer has the right to address directly The Office for Personal Data Protection. This measure does not restrict Buyer´s entitlement to contact The Office for Personal Data Protection directly.
9.9. If the Buyer asks for information about processing of his/her personal data, the Seller is obliged to provide such information. The Seller is entitled to require adequate payment for providing the information according to the previous sentence. The payment shall not exceed the expense necessary for providing this information.
10. SENDING OF COMMERCIAL NEWS AND SAVING OF COOKIES
10.1. The Buyer agrees with sending of information about the Seller´s goods, services or company to Buyer´s e-mail address and also agrees with sending of the Seller´s commercial news to the Buyer´s e-mail address.
10.2. The Buyer agrees with saving of cookies to his/her computer. In the case that shopping from the website and fulfilling of Buyer´s claims resulting from the Purchase Contract can be executed without saving the cookies to Buyer´s computer, the Buyer can cancel the agreement according to the previous sentence at any time.
11.1. Unless otherwise agreed, all the correspondence related to the Purchase Contract must be delivered to opposite contractual party in writing by e-mail or by registered mail by an operator of postal services (as for the sender´s choice). Mail for the Buyer is delivered to the e-mail address stated in his/her user account.
12. FINAL PROVISIONS
12.1. If the relation connected to the use of the website or legal relation based on the Purchase Contract contains an international aspect, the parties agree that the relation is governed by Czech legislation. It does not restrict consumer´s rights implied by the generally binding legal regulations.
12.2. The Seller is entitled to sell goods on the basis of a trade certificate and the Seller´s activity is not subjected to any other licensing. Trade supervision is executed by the appropriate trade office within its competence.
12.3. If a measure of these Trade Terms is void or ineffective or becomes void or ineffective a measure whose sense approximates the void measure the most shall be applied. Nullity or ineffectiveness of one measure does not affect validity of other measures. Changes and additions to the Purchase Contract or the Trade Terms must be made in a written form.
12.4. The Purchase Contract including the Trade Terms is archived by the Seller in an electronic form and is not accessible.
12.5. Contact data of the Seller: Palác Lucerna – 1 n.p., Štěpánská 704/61, 110 00, Praha 1-Nové Město, firstname.lastname@example.org, telephone : +420 606 446 177.
In Prague on 01st July 2014
Akad. mal Jaroslava PROCHÁZKOVÁ