Terms and Conditions
General terms and conditions (hereinafter referred to as GTC)
1. Introductory provisions
1.1 These GTC of the natural person
Lenka Fibigerová
,
Reg. No.: 66177863,
Place of business: Pod Platany 8, Bystřice pod Hostýnem, PSČ 768 61
Place of the workshop: Kamenec 1116, Bystřice pod Hostýnem, PSČ 768 61
(hereinafter referred to as the “Seller”) will be governed by § 2079 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “CC”), mutual rights and obligations of the contracting parties arising in connection with or based on the purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Customer"), both at the Seller's workshop and through of the Seller's e-shop, which is the Seller's web application located at: www.obchodjitrenka.cz where Customers can purchase Seller's Goods / Products through the website interface (hereinafter referred to as the “web interface”)
1.2. Goods / Product means movable goods delivered by the Seller to Customers or manufactured and delivered by the Seller to Customers. For closer approximation the Seller states that Goods means movable goods sold by the third parties (eg. aromalamp etc.), the product is understood movable goods that the Seller manufactures himself (home accessories, etc.).
1.3. For the purposes of these GTC, the Customer means the recipient of the Goods / products manufactured/delivered by the Seller, which he receives from the Seller for monetary payment. These GTC apply exclusively to the consumer as defined in § 419 of the CC, ie to any person who, outside the scope of his business or outside the independent exercise of his profession, concludes a contract with the Seller or otherwise negotiates with the Seller. These GTC do not apply in cases where a person who intends to purchase the Goods / Product from the Seller is a legal person or a person who acts in ordering the Goods / Product in the course of their business activity or within their independent profession.
1.4. The Seller is entitled to sell the goods on the basis of a trade licence. The trade control is carried out within its scope by the Trade Office in Bystřice pod Hostýnem, address: ul. 6. Května 1071, the Czech Republic.
1.5. Provisions differing from the GTC can be agreed in a separate purchase contract. Differing agreements in the purchase contract take preference over the provisions of the GTC.
1.6. The provisions of the GTC are an integral part of the purchase contract in accordance with the provisions of Section 1751 in paragraph 1 of the Civil Code. The purchase contract and the GTC are made in the § 1751 Czech and English language. The purchase contract can be concluded in Czech or in English.
1.7. The Seller may change or complete the wording of the GTC. This provision will not affect the rights and obligations arising during the effective date of the previous version of the GTC.
2. User Account
2.1. Based on the registration made on the e-shop page operated by the Seller, the Customer can access his user interface. From his user interface, Customer may order the Goods/Product (hereinafter referred to as the "User Account"). The customer can also order the Goods/Product without registration directly from the web interface of the store.
2.2. When registering in the Seller's e-shop and ordering the Goods/Product, the Customer is obliged to provide all data correctly and truthfully. The customer is obliged to update the information provided in the user account upon any change. The information provided by the Customer in the user account and when ordering the Goods/Product are considered correct by the Seller.
2.3. Access to the user account is secured by a user name and password. The Customer is obliged to maintain confidentiality regarding the information necessary to access his user account. The customer is not entitled to allow the use of the user account to third parties.
2.4. The Seller may cancel the user account, especially if the Customer has not used his user account for more than 12 months, or if the Customer violates his obligations under the purchase contract (including the trade terms).
2.5. Customer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Hardware and Software Equipment of the Seller, or necessary maintenance of third-party hardware and software equipment.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. The web interface of the store contains information about goods/products, including the indication of their prices. Prices are listed including value added tax and all related fees in CZK (Czech Crowns). In the English version in euros (€).They remain valid while they are displayed in the eshop's web interface. The prices shown are at all discounts and are final. This provision does not limit the possibility of the Seller entering into a purchase contract with the Customer under individually agreed terms.
3.2. Export restrictions: the web interface of the store also contains information on the payment and costs associated with the packaging and delivery of the Goods/Products. Export from this Czech version of the online store applies only to the Czech Republic and Slovakia. Exports to other countries will be possible by ordering in the English version of this trade to countries: Poland, Belarus, Denmark, the Ukraine, the Netherlands, Austria, Luxembourg, Hungary, Macedonia, Estonia, France, Croatia, Ireland, Italy, Slovenia, Serbia, Switzerland, Germany, Belgium, the United Kingdom, Norway, Portugal, Romania, Russia, Greece, Lithuania, Latvia, Finland, Iceland, the USA, Spain, Sweden. You can find the possibilities and prices of transport and payments here, these can be changed during the operation of the trade depending on the prices of the carriers. In the case of non-state orders, the Seller defines the right to arrange the price of the transport with the Customer individually.
3.3. In order to order the Goods/Product, the Customer will fill out the order form in the web interface of the store. The order form contains in particular information about:
3.3. a. the ordered Goods/Product (ordered "inserted" by the buyer in the electronic shopping cart of the web interface of the store),
3.3.b. method of payment of the purchase price, details of the required method of delivery of the ordered Goods/product
3.3.c. the costs associated with the delivery of the Goods/Product (hereinafter collectively referred to as "order").
3.4. Before sending an order to The Seller, the Customer is allowed to review and change the data he has entered into the order, including with regard to the Customer's ability to detect and correct errors incurred when entering data into the order. The customer sends the order to the Seller by clicking on the "complete order" button. The information provided in the order is considered correct by the Seller. Upon receipt of the order, the Seller shall confirm this receipt to the Customer by e-mail to the customer's e-mail address specified in the user interface or order (hereinafter referred to as the "Customer's e-mail address").
3.5. The Seller is always entitled, depending on the nature of the order (quantity of the Goods/Product, the amount of the purchase price, the estimated shipping costs), to ask the Customer for an additional confirmation of the order (for example, in writing or by phone).
3.6. The contractual relationship between the Seller and the Customer arises from the receipt of the order (acceptance) sent by the Seller by e-mail to the Customer's e-mail address.
3.7. The Customer agrees to use means of communication remotely when concluding a purchase contract. The costs incurred by the Customer when using means of communication remotely in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) are born by the Customer himself.
3.8. The purchase contract as well as all the rights arising there from and coming into being in the connection of it are governed by the law of the Czech Republic.They are not affected by the consumer's rights which may be guaranteed him by the foreign law of the place where the buyer has his residence if it is the place where the goods can be delivered.
3.9. Jurisdiction: disputes arising out of or in connection with this Contract will be settled by the courts of justice of the Czech Republic.
3.10. Applicable law: this Contract and the relations arising there from are governed by the Czech law. The Seller informs the Customer that, in the case of the application of Article 6 of Regulation (EC) No. 593/2008 is without prejudice to the protection afforded to the customer by the provisions of the law which would be applicable in the absence of that arrangement.
4. PRICE OF GOODS/PRODUCT AND PAYMENT TERMS
4.1. The price of the Goods/Product and any costs associated with the delivery of the Goods/Product according to the purchase contract, the Customer may pay to the Seller in the following ways:
4.1.a. In cash in the Seller's workshop at Kamenec 1116, Bystřice pod Hostýnem, 768 61. In this case, the Seller is subject to the Electronic Sales Register Act No. 112/216 Coll. (in Czech EET), when the Seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sale with the tax administrator online; in the event of a technical failure no later than 48 hours.
4.1.b. In cash on delivery at the place specified by the Customer in the order.
4.1.c. By cashless transfer (advance payment) to the Seller's account: the Czech Republic: 11161002/5500, Abroad: IBAN: CZ61500000000011161002 SWIFT: RZBCCZPP.
The payment due in advance is within 10 working days from the date of ordering - if not paid, the order will be cancelled.
The Customer undertakes to pay in advance all costs (fees) associated with the transfer of the agreed amount in the event of payment.
4.1.d. Cashless by credit card at the Seller's workshop at Kamenec 1116; Bystřice pod Hostýnem; 768 61. In this case, the Seller is subject to the Electronic Sales Register Act No. 112/216 Coll. (in Czech EET), when the Seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sale with the tax administrator online; in the event of a technical failure no later than 48 hours.
4.1.e. Cashless by credit card (advance payment) with delivery to the Customer's address or with receipt in person at the Seller's workshop. In this case, the Seller is subject to the Electronic Sales Register Act No. 112/216 Coll. (in Czech EET), when the Seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sale with the tax administrator online; in the event of a technical failure no later than 48 hours.
4.2. Together with the purchase price, the Customer is also obliged to pay the Seller the costs associated with the packaging and delivery of the Goods/Product in the agreed amount. Unless expressly stated otherwise, the purchase price and the costs associated with the supply of the Goods/Product will also be understood.
4.3. The Seller does not require a deposit or other similar payment from the Customer. This is without prejudice to point 4 of article 4 regarding the obligation to pay the purchase price in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the Goods/Product. In the case of non-cash payment, the purchase price is payable in advance, except when the Goods/Product is taken over by the Customer in person at the Seller's workshop when the price is paid by credit card.
4.5. Any discounts on the price of the Goods/Products provided by the Seller to the Customer cannot be combined with each other, except for discounts relating to the Goods/Products before the expiry date.
4.6. If this is customary in the course of business or is provided for by generally binding legislation, The Seller will issue a tax document – invoice to the Customer regarding payments made under the purchase contract. The Seller is not a value added tax payer. The tax document – the invoice is issued by the Seller to the Customer after payment of the price of the Goods/Product and is sent together with the Goods/Product to the Customer's address.
4.7. Currency: when ordering via the Czech language version of the e-shop, the price is valid in Czech crowns applies, when ordering from the English version of the e-shop, the price is valid in euros applies.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT AND RETURN OF GOODS/PRODUCTS PURCHASED IN A DISTANCE METHOD (VALID ONLY IN THE CASE OF SALE IN THE E-SHOP)
5.1. The right to resign from the purchase contract
5.1.a. The Customer is entitled to resign from the purchase contract in those cases where he is granted this by Law No. 89/2012 Coll., the Civil Code, in valid wording, concretely its provisions of § 1829, within 14 days from the date of receipt of the Goods/Product by the Customer or by the third party designated by him.
5.1.b. For the purposes of applying the right of withdrawal, the Customer must inform the Seller of his withdrawal from this Contract in the form of unilateral legal action (for example, by letter sent through the postal service operator or by e-mail). He does not have to state the reason for which he is stepping down, but in both the cases he will fill in the Withdrawal Form, which can be found in the informative email about the order or here.
5.1.c. In order to comply with the period for withdrawing from the contract , it is sufficient to forward the withdrawal by Contract withdrawal form on the last day of the deadline to the authority which is obliged to deliver it (the postal operator) or to send it by e-mail to the address jitrenkaobchod@email.cz.
5.2. If the Customer withdraws from the contract under this paragraph of the Complaints Regulations, the Seller will return to him without undue delay, no later than 14 days after the date on which he received customer's notice of withdrawal, all payments relating to the Goods/Product in respect of which the Customer withdraws from the contract in which he has received from him. A prerequisite for a refund is the return of the Goods/Product by the Customer. Refunds will preferably be cashless on the bank account indicated by the Customer. The Seller will not refund the payment until after receipt of the returned Goods/product or if the Customer proves that he has sent the Goods/Product back to the Seller, according to what will be earlier.
5.3. The costs associated with the return of the Goods/Products will be beared by the Customer.
5.4. The Customer acknowledges that according to the provisions of § 1837 of the CC, the purchase contract for the supply of goods/products, which has been modified according to the customer's wishes or for his person, cannot be withdrawn from the purchase contract for the supply of goods/product which is subject to perishability, as well as goods/product which, after delivery, has been irretrievably mixed with other goods, from the purchase contract for the supply of goods/product in a sealed package, which the Customer has excluded from the packaging and cannot be returned from the packaging for hygienic reasons.
5.5. If a gift is provided to the Customer together with the Goods/Product, the gift agreement between the Seller and the Customer is concluded with the binding condition that, if the purchase contract is withdrawn by the Customer, the gift agreement for such a gift of efficiency is left and the Customer is obliged to return the gift provided together with the Goods/Product to the Seller.
6. TRANSPORT AND DELIVERY OF GOODS/PRODUCT
6.1. Unless otherwise agreed, the Goods/Product is supplied through the Czech Post or another contractual carrier of the Seller.
6.2. In the event that the mode of transport is contracted on the basis of the Customer's specific request, the Customer will bear the risk and any additional costs associated with this method of transport.
6.3. If the Seller is obliged under the purchase contract to deliver the Goods/Product to the place specified by the Customer in the order, the Customer is obliged to take over the Goods/Product upon delivery. The transfer time of the shipped Goods/Product to the carrier is 3 business days from the confirmation of the order, in case of payment by transfer 3 business days from the receipt of the payment from the Customer. When the shipment is not picked up, the Seller may claim payment of the transport.
6.4. In the event that, for reasons on the side of the Customer, the Goods/Product must be delivered repeatedly or otherwise than specified in the order, the Customer is obliged to pay the costs associated with the re-service of the Goods/Product or the costs associated with other means of delivery.
6.5. The cost of postage is stated here, with the Seller noting that the prices of freight (or time stampage) may vary depending on changes in carrier prices.
6.6. The costs associated with the return of the Goods/Products will be beared by the Customer.
6.7. In the case of sending goods abroad, the goods is shipped on the following working day after payment of the whole purchase price to the Seller. Delivery time is from 3 to10 days from the handover of the goods to the carrier.
7. COMPANY RECOMMENDATION ON THE STORAGE OF GOODS/PRODUCTS
7.1. The Seller notifies Customers that with the respect to the nature of the Goods/Products which he manufactures/supplies, especially from the group of cosmetics, dietary supplements and gift items, they must also be cared for and stored appropriately. Recommended storage rules can be seen here.
8. BONUSES
8.1. The Seller will provide a discount of 5 % of the price of the following order to the registered Customer, who, through his e-shop on obchodjitrenka.cz orders, will take over and pay the Goods/Products, the price of which in the sum of each order is an amount above CZK10,000. The discount does not apply to gift vouchers. There is no legal claim for a discount.
9. THE RIGHTS OF DEFECTIVE PERFORMANCE
9.1. The rights and obligations of the contracting parties concerning the rights of defective performance are governed by the generally binding legal regulations of the Civil Code (in particular Sections 914 to 925, Sections 2099 to 2117 and Sections 2161 to 2174) and the Consumer Protection Act.634 / 1992 Coll. as amended.
9.2. In terms of quality when taking over the Goods/Product and rights from defective performance, the Seller refers to the Consumer Complaints Code, which is an integral part of these GTT here.
9.3. In case of customer's disagreement with the result of the complaint, the Customer may contact the Czech Business Inspection, the State Agricultural and Food Inspection Authority, the Trade Office, the Customs Office.
10. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
10.1. The Customer acquires ownership of the Goods/Product by paying the full purchase price.
10.2. The Seller is not bound by any codes of conduct within the meaning of Section 1826 in paragraph 1 letter e) of the CC in relation to the Customer.
10.3. The out-of-court settlement of complaints is initiated solely on the basis of the Customer's request via the electronic address jitrenkaobchod@email.cz. The Seller will send the information on the handling of the complaint to the Customer's email address. If the out-of-court dispute cannot be settled directly, it is possible to address the relevant Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, Prague 2, Reg. No.: 000 20 869. The application may be submitted no later than 1 year from the date of the Customer´s applying the right for the first time. The customer has the right to initiate an out-of-court online dispute resolution established by the European Commission via the ODR platform.
10.4. The Customer here assumes the risk of a change in circumstances within the meaning of § 1765 in paragraph 2 of the CC by it.
11. PROTECTION OF PERSONAL DATA
11.1. The protection of The Customer's personal data is provided by the Natural Persons Protection Act according to Regulation 2016/679 of the European Parliament and of the Council of the EU of 27 June 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, which entered into validity on 25 April 2016 (hereinafter referred to as GDPR). The information obligation to the Buyer is provided by the separate document Data protection GDPR.
12. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
12.1. By submitting an order, the Customer agrees to send information and commercial communications to the Seller to the customer's e-mail address specified in the registration.
12.2. The Customer may inform the Seller that it wishes to stop sending business communications.
12.3. The Customer agrees to save the so-called cookies on his computer. In the event that the purchase on the website is possible to make and the seller's obligations from the purchase contract are fulfilled without depositing the so-called "purchase contract". cookies on the Customer's computer, the Customer may withdraw the consent under the previous sentence at any time.
13. FINAL PROVISIONS
13.1. If a provision of the GTC is invalid or ineffective, or becomes such, instead of invalid provisions, a provision will be made, the meaning of which 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 additions to the purchase contract or GTC require written form.
13.2. These Terms and Conditions are processed by the Czech Republic's current consumer protection regulations and comply with Directive 2011/83 / EU of the European Parliament and of the Council on Consumer Rights, amending Council Directive 93/13 / EEC and Directive 1999/44 / EEC of the European Parliament and of the Council and repeals Council Directive 85/577 / EEC and Directive 97/7 / EEC of the European Parliament and of the Council.
Contact details of the tradesman:
delivery address: Kamenec 116, Bystřice pod Hostýnem, PSČ 768 61
e-mail address: jitrenkaobchod@email.cz
phone: +420 608 484 862
These GTC will take effect on 1 November 2019.
In Bystřice pod Hostýnem on 1 November 2019.
