TERMS AND CONDITIONS
Natural person, non-payer of VAT, Vanessa Durazo
with registered office: Kaprova 42/12, 110 00 Praha 1 identification number: 04211979
for the sale of goods through an online store located at shoppacer.com
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as “business conditions”) are regulated by a natural person, non-VAT payer, Vanessa Durazose with its registered office at Kaprova 42/12, 110 00 Prague 1, identification number 04211979 (hereinafter referred to as the “seller”) in accordance with § 1751 par. 1 of Act no. 89/2012 Coll., Civil Code, as amended (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter "purchase contract") concluded between the seller and another natural or a legal entity (hereinafter referred to as the “Buyer”) through the seller's online store. The online store is operated by the seller on a website located at the internet address shoppacer.com (hereinafter referred to as the "website"), through the interface of the website (hereinafter referred to as the "web interface of the shop").
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2 When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods are 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 his user account.
2.4 The buyer is not entitled to allow the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6 The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. Provisions of § 1732 par. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned by regular mail. The prices of 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 web interface of the store. This provision does not limit the possibility of the seller to conclude a purchase contract under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required 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 "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data provided in the order are considered correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
3.8 The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. 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, the buyer may pay the seller in the following ways:
• cashless transfer to the account of the seller no. 1212857/5500, held with Refeisen bank (hereinafter referred to as the "seller's account");
• cashless via the ComGate payment system;
• cashless payment card;
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly 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 Art. 4.6 business 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 non-cash payment, the purchase price is payable within 14 days of concluding the purchase contract.
4.5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. Provisions of § 2119 par. 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 customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is / is not a payer of value added tax. 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 electronic address.
4.9 According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or computer program container.
5.2. If it is not a case referred to in Art. 5.1 of the business conditions or in another case where it is not possible to withdraw from the purchase contract, the buyer has in accordance with the provisions of § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address firstname.lastname@example.org.
5.3. In case of withdrawal from the purchase contract according to Art. 5.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In case of withdrawal from the purchase contract according to Art. 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in another way, if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.5 The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer's right to a refund of the purchase price.
5.6 In cases where the buyer has in accordance with the provisions of § 1829 par. 1 of the Civil Code the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7 If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return given a gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If, according to the purchase contract, the seller is 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 part of the buyer it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4 Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. This does not affect the rights of the buyer from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.
6.5 If you wish to deliver the goods through a carrier, we usually hand over the goods for transport within 24 hours, but no later than within three days.
6.6. The buyer can choose the transport and delivery of goods according to the purchase contract from the following options:
• Czech Post - Package in hand. Delivery within the Czech Republic;
• Czech Post - Postage package. Delivery within the Czech Republic;
• Pacer - pick-up at the store. ;
6.7. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
5.6 Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially 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 responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.4 The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
7.5. The provisions referred to in Art. 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or if it is from the nature of the goods. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect, or if the buyer caused the defect himself.
7.6. The rights from the liability for defects of the goods apply to the seller. However, if the confirmation issued to the seller regarding the scope of rights from liability for defects (in the sense of the provisions of § 2166 of the Civil Code) states another person for repair, who is closer to the seller's place or place for the buyer, the buyer shall exercise the right to repair who is designated to perform the repair. Except in cases where another person is designated to carry out the repair according to the previous sentence, the seller is obliged to accept a complaint in any establishment where acceptance of the complaint is possible with respect to the range of products or services provided, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
7.7 The buyer may specifically exercise the rights from liability for defects of the goods, especially in person at the address U Tržnice 1180/6, 12000 Praha 2 by telephone at + 420 773265396 or by e-mail at email@example.com.
7.8. The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
7.9. If the goods do not have the characteristics set out in Art. 7.2 of the Terms and Conditions, the buyer may require the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its components or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
7.10. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. 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 In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 letter e) of the Civil Code.
8.3. Consumer complaints are handled by the seller via the email address firstname.lastname@example.org. The seller will send information on the settlement of the buyer's complaint to the buyer's e-mail address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 182/2011 of the European Parliament and of the Council. 524/2013 of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) no. 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with Act No. 634/1992 Coll., On consumer protection, as amended.
8.7 The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 par. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. If you are a natural person - it is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended. By accepting these terms and conditions, you agree to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and [.] (Hereinafter referred to as "Personal Data") and our processing of Personal Data , for the purpose of exercising the rights and obligations under the purchase agreement, for the purpose of maintaining a user account and for the purpose of sending you information and business messages. You acknowledge that you are obliged to state your Personal Data (during registration, in your user account, when ordering from the web interface of the store) correctly and truthfully and without undue delay to inform us about the change in your personal data. We may entrust the seller with the processing of Personal Data to a third party as a processor. Apart from the persons transporting the goods, we will not transfer Personal Data to third parties without the prior consent of the buyer. Personal data will be processed indefinitely in electronic form in an automated manner or in printed form in a non-automated manner. You acknowledge that the personal data provided is accurate and that you have been instructed that this is a voluntary provision of Personal Data. In the event that you or we process the processing of your Personal Data, which is contrary to the protection of your private and personal life or contrary to the law, especially if the Personal Data is inaccurate with regard to the purpose of their processing , you can ask us or the processor for an explanation or ask us or the processor to remove the situation. In particular, it may be a matter of blocking, repairing, supplementing or liquidating Personal Data. If the buyer's request according to the previous sentence is found to be justified, we or the processor will immediately remove the defective condition. If we or the processor does not comply with the request, you have the right to contact the Office for Personal Data Protection directly. This provision does not affect your right to contact the Office for Personal Data Protection directly with your complaint. If you ask us for information about the processing of your Personal Data, we will pass this information on to you. For the provision of information under the previous sentence, we have the right to demand a reasonable payment not exceeding the costs necessary to provide the information. You agree to the sending of information related to our goods, services or company to your e-mail address and you further agree to our sending of business messages to your e-mail address.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1 The buyer agrees in the sense of the provisions of § 7 par. 2 of Act no. 480/2004 Coll., On certain information society services and on the amendment of certain acts (Act on certain information society services), as amended, with the sending of commercial communications by the seller to the electronic address or telephone number of the buyer. Its information obligation towards the buyer in the sense of Art. 13 of the GDPR Regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications is fulfilled by the seller through a special document.
10.2 The buyer agrees to impose the so-called cookies on his computer. In the event that it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase contract, without the so-called cookies to the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11.1. It can be delivered to the buyer to the buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. The choice of law according to the previous sentence does not deprive the buyer, who is a consumer, of the protection provided by the provisions of the legal order, from which it is not possible to deviate by contract, and which would otherwise apply in accordance with the provisions of Art. 6 par. 1 Regulation (EC) No 1/2003 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by 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 the other provisions.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller's contact details: delivery address Vanessa Durazo., U Tržnice 1180/6, 12000 Praha 2, e-mail address email@example.com, telephone +420 773265396.
In Prague on June 1, 2020