Terms and conditions

Individuals
Richard Kalužík
Residence: Tyršova 126, 664 34 Kuřim
Identification Number: 03729117

registered in the Trade Register maintained by the City of Kuřim for the sale of goods through an online store located on the web at www.richardk.cz
 

  1. Introductory provisions

1.1 These Terms and Conditions (hereinafter „the Terms and Conditions“) of the natural person Richard Kalužík, place of residence Tyršova 126, 664 34 Kuřim, identification number: 03729117, registered in the Trade Register maintained by the City of Kuřim (hereinafter „the Seller“) govern in accordance to the provision § 1751 paragraph 1 of Act no. 89/2012 Coll., Civil Code (hereinafter „the Civil Code“) mutual rights and contractual obligations of the Parties arising in connection with or pursuant to the purchase agreement (hereinafter „the Purchase agreement“) concluded between the seller and any other natural person (hereinafter „the Buyer“) through the e-shop of the seller. E-shop operated by the seller is placed on a Web page on the Internet at www.richardk.cz (hereinafter „the Web Page“) through the web site interface (hereinafter „the Web interface“).

1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the Seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.

1.3 Provisions derogating from the Terms and Conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.

1.4 Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the terms and conditions are written in the Czech and English language. The Purchase Agreement may be concluded in the Czech and English language.

1.5 The Terms and Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising from the effective period of the previous version of business conditions.

 

  1. The User Account

2.1 On the basis of the registration of the Buyer on the website, the Buyer can access their user interface. From its user interface Buyer can order goods (hereinafter “the User account”). In the event that the web interface allows it, buyers can also order goods without registration directly from the web interface business.

2.2 While registering on the website and while ordering goods, the buyer is obliged to provide correct and true data. The data referred to by the Buyer in the user account are required to be updated by the Buyer if ever amended. The data referred to by the Buyer in the user account and ordering goods by the seller are deemed 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 account.

2.4 The Buyer is not entitled to allow usage of the user’s account to third parties

2.5 The Seller may cancel the user account, especially when the Buyer did not use his user account for more than 24 months, or if the Buyer breaches its obligations under the Purchase agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment of the Seller, respectively necessary maintenance of hardware and software equipment of third parties.

  1. Purchase agreement

3.1 Any presentation of the goods placed in the web interface of the eshop is simply informative and the Seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph 2 of the Civil Code does not apply.

3.2 Web interface provides information about the goods as well as prices of individual goods. Prices of the goods are inclusive of value added tax and all related charges. Prices of the goods remain valid as long as they are displayed in the web interface of the e-shop. This provision does not limit the seller to conclude a Purchase agreement under individually negotiated conditions.

3.3 Web interface also contains information about the costs associated with packaging and delivery.

3.4. To order the goods, the Buyer fills an order form in the web interface of the eshop. Order form contains especially information about:

3.4.1. ordered goods (ordered goods are “inserted” by the buyer into an electronic shopping cart in the web interface of the e-shop)

3.4.2. method of payment of the price of the purchase, details of the desired method of delivery of the goods ordered and

3.4.3. information on the costs associated with the delivery of the 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 which he filled in the order form, even considering the option of the Buyer to detect and correct errors made during data entry into the order form. The buyer sends the order to the seller by clicking on “place order”. The data specified in the order form are deemed correct by the seller.

3.6 Sending order is regarded as such an act of the buyer who undoubtedly identified the ordered goods, the purchase price, the buyer person, method of payment of the purchase price, and is mutually binding draft of the purchase agreement. The condition of validity of the order is to fill all the mandatory data in the order form, to become familiar with these terms and conditions on the website and to confirm that the buyer familiarized himself with these terms and conditions.

3.7 Seller immediately upon receipt of the order confirms the receipt of the order to the buyer via e-mail, at the e-mail address the buyer provided in the user interface or in the order (hereinafter referred to as “electronic address of the buyer”).

3.8 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (such as in writing or by telephone).

3.10 The contractual relationship between the seller and the buyer arises from the delivery of order acceptance, which is sent to the buyer by e-mail on the electronic mail address of the buyer.

3.11. The buyer agrees to the use of means of distance communication in concluding the purchase agreement. The costs incurred by the buyer by using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) are covered by the buyer while these costs do not differ from the standard rate.

  1. The Price of goods and Payment Terms

4.1 The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:

  • cashless bank transfer to the seller’s account no. 2599440/5500, held by Raiffeisenbank (hereinafter „the Seller Account”);

cashless by payment system Pays;

  • cashless by a payment card.

4.2 Along 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, the purchase price includes costs associated with delivery of goods

4.3 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions concerning the obligation of the buyer 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 of the purchase price is payable within 14 days from the conclusion of the purchase agreement.

4.5 In the case of cashless payment, the buyer is obliged to pay the purchase price together with the variable symbol of the payment. In the case of cashless payment, the obligation of the buyer to pay the purchase price is met in the moment of the payment being transferred to the seller’s account.

4.6 The seller is entitled, especially if the buyer does not provide the additional confirmation of the order (Art. 3.8), to require payment of 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 on the price of goods provided by the seller to the buyer cannot be combined.

4.8 If it is customary in trade relations or if it is determined by generally binding legal regulations, the seller will issue the buyer a tax document regarding payments made under the purchase agreement – the invoice. The seller is a payer of the value added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and is sent electronically to the buyer’s email address.

  1. Withdrawal from the purchase agreement

1.5 The buyer acknowledges that according to § 1837 of the Civil Code, among other things, cannot 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 of 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 control of the seller,

5.1.3. the supply of goods that has been modified according to the wishes of the buyer or for him

5.1.4. the supply of goods subject to rapid deterioration, as well as goods which after delivery irreversibly mixed with other goods,

5.1.5. the supply of sealed goods that the buyer unsealed and for hygienic reasons it is not possible to return,

5.1.6. the supply of audio or video recordings or computer program, if the buyer breached their original packaging,

5.1.7. the supply of newspapers, periodicals or magazines,

5.1.8. the supply of digital content, if not delivered on a tangible medium and delivered with the prior express consent of the buyer before the deadline for withdrawal and the seller told the buyer before concluding the purchase agreement that in such a case is not entitled to withdraw from the purchase agreement.

5.2 If this is not a case under Article 5.1 or some other case in which you you cannot withdraw from the contract, the buyer has in accordance with § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract, within fourteen days from receipt of goods, in which case the subject of the agreement are several kinds of goods or delivery of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the purchase agreement must be sent to the seller within the period mentioned in the previous sentence.

5.3 The buyer may send the withdrawal from the purchase agreement off to the address of the registered office or the headquarters of the seller. For the delivery of the withdrawal, the provisions of art. 11 of these terms and conditions are used.

5.4 In case of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Contitions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen days from the withdrawal from the purchase agreement. If the buyer withdraws from the purchase agreement, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned due to their character by the usual postal route.

5.5 In case of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the seller returns the funds received from the buyer within fourteen days from the withdrawal from the contract by the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance provided by the buyer at the time of returning the goods by the buyer or otherwise, only if the buyer will agree to it and i fit will not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received from the buyer before the buyer returns goods to him or prove that the goods were sent to the seller.

5.6 The seller is entitled to add claims for damages caused to the goods unilaterally against the buyer’s claim for refund of the purchase price.

5.7 Until the receipt of goods by the buyer, the seller may at any time withdraw from the purchase agreement. In this case, the seller returns the purchase price to the buyer without undue delay via bank transfer to an account designated by the buyer.

5.8 If a gift is provided to the buyer together with the goods, the gift agreement between buyer and seller is concluded with a subsequent condition that if there is a withdrawal from the purchase agreement, the buyer loses any claims towards the gift agreement and is required to return the gift together with the goods to the seller.

  1. Transport and delivery of the goods

6.1 In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.

6.2 If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.

6.4 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 case of finding any damage on the package indicative of unauthorized intrusion into consignment, the buyer may reject the shipment from the carrier.

  1. Rights of defective performance

7.1 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).

7.2 The seller shall be liable to the buyer that the goods have no defects on delivery. In particular, the seller is liable to the buyer that when the buyer took the goods:

7.2.1. the goods have the properties that the parties have agreed on, and in the case of absence of an arrangement, the goods have the properties which the seller or manufacturer has described or which the buyer expects with regard to the nature of the goods and based on advertising the seller of the manufacturer carries,

7.2.2. the goods are fit for the purposes which are listed by the seller or to which the goods of the same nature are normally used,

7.2.3. the goods correspond to the quality or the performance of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,

7.2.4. the goods are in appropriate quantity, measure or weight and

7.2.5. the goods comply with the legal requirements.

7.3 The provisions referred to in Article 7.2 of the Terms and Conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, to used goods defected by use or wear that goods had in the moment of receipt by the buyer, or if it follows from the nature of the goods.

7.4 When a defect is exhibited within six months after the receipt, it is assumed that the goods were defective at the time of receipt.

7.5 Rights of defective performance puts the buyer in use with the seller at his place of business in which the receipt of complaint is possible taking into account the range of goods sold, possibly at the headquarters or place of business. A moment of complaint is considered to be the moment when the seller receives from the claimed goods.

7.6 Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure of the seller.

  1. Other rights and obligations of the parties

8.1 The buyer acquires ownership of the goods by paying the full purchase price.

8.2 The seller is not in relation to the purchaser bound by codes of conduct within the provisions of § 1826 paragraph 1, point e) of the Civil Code.

8.3  Extrajudicial complaints of consumers is processed through electronic address shop@richardk.cz. Information on the settlement of the complaint of the buyer sends the seller to the buyer’s email address.

8.4 The seller is entitled to sell goods on the basis of his trade license. Trade inspection is carried out under the authority the Trade Office. Supervision of protection personal data is exercised by the Office for Personal Data Protection. Czech Trade Inspectorate exercises within the specified range, among other things, the supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.

8.5 The buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.

  1. Protection of Privacy and Personal data

9.1 Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer’s personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiations on the purchase contract and for the fulfillment of the public obligations of the seller is fulfilled by the seller through a special document.

  1. Sending of commercial messages and storage of Cookies

10.1 The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, by sending commercial communications to Seller at an electronic address or the buyer’s phone number. The information obligation towards the buyer, within the meaning of Article 13 of the GDPR, related to the processing of 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 with saving so-called Cookies on his computer. In the event that a purchase on the website can be made, and the liabilities of the seller can be fullfilled without storage of so-called Cookies on the computer of the buyer, the buyer may take his consent under the previous sentence back at any time.

In Kuřim on July 1, 2018

Richard Kalužík