Terms and Conditions
GENERAL TERMS AND CONDITIONS
for the sale of goods and services in toferner.shop online store
1. INTRODUCTORY PROVISIONS
- These General Terms and Conditions (hereinafter referred to as the “General Terms and Conditions”) of CREOLAN s.r.o., with registered office in Žatec, Volyňských Čechů 837, Postal Code 43801, identification number 25430386, registered in the Commercial Register maintained by the Regional Court in Ústí nad Labem, Section C, Insert 17915 (hereinafter referred to as the “Company”) govern in accordance with the provisions of Section 1751, Para. 1 of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”) the reciprocal rights and obligations of the Contracting Parties arising in connection with or on the basis of the contract for the supply of goods or provision of a service (hereinafter referred to as the “Contract”) entered into between the Company and another, private or legal entity (hereinafter referred to as the “Client”) in the online store located at http://toferner.shop/ (hereinafter referred to as the “Website”), through the website interface (hereinafter referred to as the “Website Interface”).
- Provisions derogating from the General Terms and Conditions may be arranged in a Contract. Such derogating arrangements in the Contract shall take precedence over the provisions of the General Terms and Conditions.
- The text of the General Terms and Conditions may be amended or supplemented by the Company. This provision shall be without prejudice to the rights and obligations incurred during the effective period of the previous version of the General Terms and Conditions.
2. ENTERING INTO A CONTRACT
- Any presentation of goods and services located on the Website Interface of the store is of an informative nature and the Company is not obliged to enter into a Contract in respect of such goods and services. The provisions of Section 1732, Para. 2 of the Civil Code shall not apply.
- The Website Interface of the store contains information on the goods and services, inclusive of the price of the individual goods and services as well as any cost of returning of goods. Unless explicitly stated otherwise, the prices of the goods and services shall be indicated inclusive of value added tax and any related charges. The prices of goods remain valid for the time they are displayed on the store Website Interface. This provision does not restrict the option of the Company to enter into a Contract on individually-negotiated terms.
- The store's Website Interface also contains information about the costs associated with packaging and delivery of the goods. Unless otherwise stated, information on the costs associated with packaging and delivery of goods applies only in cases where goods are delivered within the territory of the Czech Republic.
- To order the goods or services, the Client completes an order form in the store Website Interface. The order form contains in particular information about:
- the ordered goods or service (the ordered goods or services are “placed” by the Client into the electronic shopping basket of the Website Interface of the store),
- the method of payment of the price of the goods or a service, details of the required delivery of the ordered goods or the manner of delivery of a service and
- information on the costs associated with delivery of the goods or the provision of the service (hereinafter collectively referred to as an “Order”).
- Prior to sending an Order to the Company, the Client is enabled to check and modify the data he has entered in the Order, taking into account the Client's ability to detect and correct errors arising in entering data into the Order. The Order is sent by the Client to the Company by clicking the “Send Order” button or another button of the same meaning. The data provided in the Order is considered correct by the Company.Immediately upon receipt of the Order, the Company shall confirm this receipt to the Client via the electronic mail address specified in the Order (hereinafter referred to as the “Electronic Address of the Client”).
- The Company is always entitled, depending on the character of an Order (quantity of goods, range of services, the price level, envisaged cost of transportation or provision of a service) to ask the Client for an additional confirmation of the Order (for example in writing or by telephone).
- The contractual relationship between the Company and the Client arises upon delivery of acceptance of an Order, sent by the Company to the Client by electronic mail to the Electronic Address of the Client.
- The Client consents to the use of a means of distance communication upon conclusion of a Contract. The costs incurred by the Client in the use of a means of distance communication in connection with conclusion of the Contract (Internet connection costs, costs of telephone calls, etc.) shall be borne by the Client himself, whereby these costs are no different from the standard rate.
3. PRICE OF GOODS AND TERMS OF PAYMENT
- The price of goods and services and any costs associated with delivery of the goods and provision of services in accordance with the Contract may be made good by the Client to the Company in the following ways:
- payment of cash on delivery at a place specified by the Client in the Order,
- by a cashless transfer to the Company's account No. 115-3074940277/0100 held at Komerční banka, a.s. (hereinafter referred to as the “Company Account”),
- where applicable, in other ways specified in the store web interface.
- Together with the price of the goods or of the services, the Client is obliged to pay the Company in the agreed amount also any costs associated with the packaging and delivery of the goods or provision of the services. Unless expressly stated otherwise, the price shall mean also any costs associated with the packaging of the delivered goods or the provision of the services.
- Unless otherwise stated in the Contract, the Company does not require any deposit or another similar payment from the Client. This is without prejudice to the provision concerning the obligation to pay the price in advance (Article 6).
- In the case of cash payment, the price is payable on receipt of the goods or commencement of provision of the service. In the case of a cashless payment method, the price is payable within fifteen days of conclusion of the Contract.
- In the case of a cashless payment method, the Client is obliged to pay the price of goods and services stating the variable symbol of the payment. In the case of a non-cash payment method, the obligation of the Client to pay the price is fulfilled the moment the relevant sum is credited to the Company's Account.
- The Company is entitled, especially if there is no additional confirmation of an order by the Client (Art. 6), to require a payment of the entire price prior to sending the goods to the Client or prior to commencement of provision of the service. The provisions of Section 2119, Para. 1 of the Civil Code shall not apply.
- Any discounts on the price of the goods or services provided by the Company to the Client cannot be mutually combined. Only the discount that the Client selects is applied, i.e. the discount which is most advantageous for the Client.
- If such is usual in the course of business or if so provided by the generally binding legislation, the Company shall issue a tax document - invoice - to the Client in respect of any payments made pursuant to the Contract. The Company is a payer of value-added tax. The tax document - invoice shall be issued by the Company to the Client after payment of the price of the goods and is sent in its electronic form to the Client's electronic mail address.
4. WITHDRAWAL FROM THE CONTRACT
- If the Client is not a legal entity or a person acting in the entering into a Contract within the framework of his business activity or within the framework of performance of his profession, then
- the Client notes that in accordance with the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a contract for the supply of goods, which have been modified in accordance with wishes of the Client or on behalf of the Client, from a contract for the supply of perishable goods, or goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in closed packaging, which the consumer removed from the packaging, and, for hygienic reasons, such goods cannot be returned, or from a contract for the supply of an audio or image recording or a computer programme if the original seal has been broken,
- unless such is a case where, pursuant to law, it is not possible to withdraw from a Contract, the Client, in accordance with the provisions of Section 1829, Para 1. of the Civil Code, has a right to withdraw from the Contract within fourteen days of receipt of the goods, while in the case where several types of goods are the subject matter of the Contract, or the supply of several component parts, such a period shall run from the date of receipt of the last supply of the goods. The withdrawal from the Contract must be sent to the Company within the time limit specified in the preceding sentence. For a withdrawal, the Client may use the model form provided by the Company, which forms an annex to the General Terms and Conditions. A withdrawal from the Contract shall be posted by the Client to the address of the Company's registered office,
- in the event of withdrawal from a purchase contract pursuant to Article. 1.2 the Contract is revoked from its inception. The goods have to be returned to the registered office of the Company within fourteen days of withdrawal from the Contract. If the Client withdraws from the Contract, the Client shall bear the costs associated with return of the Goods to the Company, even in a case where due to their nature the Goods cannot be returned by the usual postal route. The Company shall refund the payment received from the Client within fourteen days of withdrawal from the Contract. However, the Company is not obliged to return the received funds to the Client before the Client returns the goods to the Company or demonstrates that the goods have been shipped to the Company.
- Until the time of acceptance of the goods by the Client or until commencement of provision of a service, the Company is entitled to withdraw from the Contract at any time. In this case, the Company shall refund the payment to the Client without undue delay, by means of a cashless payment method, to an account specified by the Client.
- If a gift is provided to the Client in connection with entering into or performance of a Contract, the donation agreement between the Company and the Client is entered into with a resolutive condition that in the case of withdrawal from the Contract, the donation agreement becomes ineffective, and the Client is obliged to return the gift mutatis mutandis to the provisions of Article No. 1.3.
- The Company is entitled to unilaterally set off a claim for compensation of damages incurred in respect of the returned goods against the Client's right to a refund of the price.
5. SHIPPING AND DELIVERY OF THE GOODS
- If the Company is under the Contract obliged to deliver the goods to a location specified by the Client in the order, the Client is obliged to accept the goods upon delivery.
- In the event that for reasons on the part of the Client it is necessary to deliver the goods repeatedly or in another manner than as has been indicated in the order, the Client shall be obliged to pay the costs associated with the repeated delivery of the goods, i.e. the costs associated with another delivery method.
- When taking the goods over from the carrier, the Client is obliged to check the integrity of the packaging of the goods and, in the event of any defects, inform the carrier of any such without delay. In the event of discovery of a broken packaging indicating unauthorised tampering with the consignment, the Client may not accept the consignment from the carrier.
- Where the method of transport is agreed upon on the basis of a special request of the Client, the Client shall bear the risk and any additional costs associated with this method of transport.
6. RIGHTS FROM DEFECTIVE PERFORMANCE, COMPLAINTS
- The rights and obligations of the Contracting Parties with regard to defective performance rights shall be governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Section 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
- The Company is responsible to the Client for the fact that the goods and services delivered are free of defects, in particular the Company is responsible for the fact that the goods and services:
- have the characteristics that the Contracting Parties have agreed upon and, if such an agreement is lacking, such characteristics as described by the Company or the manufacturer or which the Client could reasonably expect taking into account the nature of the goods and on the basis of advertising carried out by them,
- are fit for the purpose of use specified by the Company or for which goods of this kind are usually used,
- correspond to the quality or implementation of the agreed sample or design if the quality or design has been determined in accordance with an agreed upon sample or design,
- are in a corresponding quantity, measure or weight; and
- comply with the requirements of legal regulations.
- The provisions referred to in Article. 2 of the General Terms and Conditions shall not apply to goods and services sold at a lower price to a defect for which the lower price has been arranged, to wear and tear of the goods caused by their usual use, in the case of used goods to a defect corresponding to the level of wear and tear of the goods when they were taken over by the Client, or if such results from the nature of the goods.
- If the Client is not a legal entity or a person acting in the entering into the Contract within the framework of his business activities or within the framework of independent performance of his profession, and if a defect becomes obvious within six months of handover of the goods, it is considered that the goods have already been defective at the time of the handover. The Client is entitled to exercise the right from a defect which occurs in respect of consumer goods within twenty-four months of receipt.
- The rights from defective performance shall be exercised by the Client at the address of the registered office of the Company in Žatec, Volyňských Čechů 837, Postal Code 438 01 or at the email address: firstname.lastname@example.org. If the goods are defective, the moment of claim is the moment when the Company received the subject matter goods from the Client.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Client acquires title to the goods by making a payment of the entire price of the goods.
- The Company is not bound in relation to the Client by any codes of conduct within the meaning of Section 1826, Para. 1. (e) of the Civil Code.
- Out of court settlement of consumer complaints is provided by the Company via the e-mail address email@example.com. Information about handling of the Client's complaint shall be sent by the Company to the Client's electronic mail address.
- The Company is authorised to sell the goods and services on the basis of a trade licence. Trade inspection is carried out within its competence by the competent trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection carries out, to the specified extent, inter alia, the supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
- The Client hereby assumes the risk of a change in circumstances within the meaning of Section 1765, Para. 2 of the Civil Code.
8. PERSONAL DATA PROTECTION
- The protection of personal data of the Client who is a natural person is governed by Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of private individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) and other regulations.
- The Client agrees to the processing of the following personal data (hereinafter referred to as “Personal Data”): name and surname, address of residence, other postal addresses, identification number, tax identification number, e-mail address, phone number and the bank account number.
- The Client agrees to the processing of Personal Data by the Company for the purposes of exercise of the rights and obligations arising from the Contract. If the Client chooses no other option, he also agrees to the processing of Personal Data by the Company for the purposes of sending information and commercial communications to the Client. Consent to the processing of Personal Data in its entirety pursuant to this Article is not a condition which in itself precludes conclusion of a Contract.
- The Client notes that he is obliged to state his Personal Data correctly and truthfully and that he is obliged to inform the Company of any change in his Personal Data without undue delay.
- By processing the Client's Personal Data, the Company may authorise a third party as a processor. In addition to persons whose synergy is required to deliver the goods or provide the services (e.g. the carriers), personal data shall not be transmitted by the Company to any third party without a prior consent of the Client.
- Personal data shall be processed for an indefinite period. Personal data shall be processed in an electronic form in an automated manner or in a printed form in a non-automated manner.
- The Client confirms that the Personal Data provided is accurate and that the Client has been advised that such is a voluntary provision of Personal Data.
- The Client may at any time request the Company to enable access, correction, modification, erasure or restriction of processing where the data is inaccurate or has been processed in breach with the applicable regulations on personal data protection. The user has the right to transferability of Personal Data, to object to the processing of Personal Data, the right to withdraw consent to the processing of Personal Data and the right not to be subject to automated individual decision-making, including profiling. The stated rights may be exercised via the e-mail address: firstname.lastname@example.org.
9. SENDING OF COMMERCIAL MESSAGES AND STORING OF COOKIES
- The Client agrees to be sent information related to the Company's goods, services or the Company´s establishment to the Client's electronic mail address and agrees to be sent commercial communications of the Company to the electronic mail address of the Client.
- The Client agrees to storing of cookies on his computer. In the event that the purchase on the website may be made and the Company's obligations under the Contract may be fulfilled without storing cookies on the Client's computer, the Client may withdraw the consent according to the previous sentences at any time.
10. DELIVERY OF COMMUNICATION
- The Client may be delivered communications to the electronic mail address of the Client.
11. FINAL PROVISIONS
- If the relationship established by the Contract contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights arising from the generally binding legislation.
- If any provision of the General Terms and Conditions is or becomes invalid or ineffective, a new provision shall be substituted, whose meaning shall be a closest as possible to the original invalid or ineffective provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
- The Contract inclusive of the General Terms and Conditions is archived by the Company in its electronic form and is not accessible.
- Contact details of the Company: address for delivery: CREOLAN s.r.o., Žatec, Volyňských Čechů 837, Postal Code 43801, electronic mail address email@example.com, telephone (+420) 725 830 888.
These General Terms and Conditions are valid with effect from 1.8.2020.