1.1 These terms and conditions ("Terms and Conditions") of KONIM CZ spol. s.r.o., headquartered Rooseveltova 36, 746 01, Opava, identification number: 25844211, registered in the Commercial Register at the Regional Court in Ostrava, Section C, File 21380 (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 Law no. 89/2012 Coll., the Civil Code (hereinafter the "Civil Code") mutual rights and obligations of the parties arising in connection with or under the purchase agreement (the "Purchase Agreement") concluded between the seller and any other natural person (hereinafter the "Buyer") through the online shop of the seller. Internet business is operated by the seller on the website located on the Internet at www.nakrm-pejska.cz (hereinafter the "Website"), through the website interface (hereinafter referred to as "Web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is a legal entity or person who is ordering goods within their business or in their separate occupations.
1.3 Provisions derogating from the terms and conditions can be negotiated in the purchase agreement. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in Czech language. The purchase contract can be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
2.1 Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). Buyers can also order goods without registration directly from the web interface business.
2.2. When you register on the website and ordering goods the buyer is obliged to provide correct and true information. The data referred to in the user account, the buyer when any change required to update. The data referred to the buyer's user account and ordering goods by the seller are deemed to be correct.
2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
2.4 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel a user account, especially if the buyer your user account for more than 6 months is not used, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3.1 All merchandise presentation in the web interface of trade is indicative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 Sec. 2 of the Civil Code does not apply.
3.2 The web interface provides information about the trade of goods, including the prices of individual goods. Goods prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase agreement individually negotiated terms.
3.3 The web interface of the shop also includes information about the costs of packaging and delivery. Information on the costs associated with packaging and delivery of goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills an order form in the web interface business. Order form contains particular information on:
3.4.1. ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface),
3.4.2. method of payment of the purchase price, details of the required method of delivery of the ordered goods,
3.4.3. information on the costs associated with the delivery of 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 in order to put the buyer, and also with regard to the option buyer to detect and correct errors during data entry into the order. The order sends a buyer clicking on "Submit Order". The data referred to in the order are deemed correct by the seller. Seller immediately upon receipt of the order to the buyer confirms receipt of this e-mail, and electronic mail address of the Buyer provided in the user interface or in the order (hereinafter referred to as "electronic address of the purchaser").
3.6 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between the seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer via e-mail, and electronic mail address of the buyer, or SMS, and phone number of the buyer listed in the user interface or in the order (hereinafter "telephone number of the purchaser").
3.8 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the closing of the purchase contract (cost of Internet access, the cost of telephone calls, SMS messages) borne by the Buyer, these costs do not differ from the standard rate.
4.1 Price of the goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
Cash on delivery at the place designated by the buyer in order;
bank transfer to the seller's account no. 382035363/2010, kept by Fio banka, a.s. (Hereinafter referred to as "Seller Account").
4.2 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 the costs associated with delivering the goods.
4.3 The seller does not require the buyer to pay a deposit or other similar payments. This is without prejudice to the provisions of Article. 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 due upon receipt of goods. In the case of cashless payment of the purchase price is due within 5 days of the purchase contract.
4.5 In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with the variable symbol of payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
4.6 The seller is entitled, especially if the Buyer does not provide an additional confirmation of the Order (Art. 3.6) or in the event that the buyer without any reason, fails previous shipment, and there is reasonably anticipated that will act the same, require payment of the full purchase prices before shipment to the buyer. The provisions of § 2119 Sec. 1 of the Civil Code does not apply.
4.7 Any discounts the price of goods by the seller to the buyer can not be combined.
4.8 If it is customary in trade relations or, if so determined by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of goods and send it electronically to the email address of the buyer.
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, can not withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, from the contract for the supply of goods subject to rapid deterioration, as well as goods that was after delivery irretrievably mixed with other goods, from the contract for the supply of sealed goods which the consumer from unsealed hygienic reasons it is not possible to return from the contract for the supply of goods to the consumer tried hygienic reasons, it is not possible return (underwear, socks) from the contract for the supply of goods which are tickets for cultural or similar event, from the contract for the supply of a gift certificate from the contract for the supply of audio or video recordings or computer program, if breached their original packaging.
5.2 If this is not the case under Art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with § 1829 Sec. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from receipt of the goods, if the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract seller must be sent within the period specified in the preceding sentence. To withdraw from the contract the buyer may used model form available on the bottom provided by the seller, annexed to business conditions. Withdrawal from the contract the buyer may send inter alia, the address of the seller or the seller's e-mail address email@example.com.
5.3 If this is not the case under Art. 5.1 or 5.2, or about other cases where you can not withdraw from the contract, the buyer has the right to withdraw from the contract, within fourteen (14) days of receipt of goods, in which case the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract seller must be sent within the period specified in the preceding sentence. For withdrawal from the contract pursuant to Art. 5.3 business conditions buyer must used the model form available on the bottom provided by the seller, annexed to business conditions.
5.4 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned because of their nature usual postal route.
5.5 In case of withdrawal from the contract pursuant to Art. 5.3 of business conditions of the purchase contract from the beginning. The goods must be returned to the Seller, unworn, incl. All of schedules and labeled tags and in the original packaging (calculated with damaged packaging necessary to test the goods). If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned because of their nature usual postal route.
5.6 In case of withdrawal pursuant to Art. 5.2 or 5.3 business conditions seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer in the same way that the seller is received from the buyer, if possible, or bank transfer to the account designated by the buyer in cases where this is not possible (eg. cash on delivery carriers). The seller is also entitled to return performance by the buyer at the time of returning the goods by the buyer or otherwise, unless the buyer will agree to and do not create additional costs to the buyer. If the buyer withdraws from the contract, the seller is not obligated to return the funds received to the buyer before he returns buyer of goods or prove that the goods sent entrepreneurs.
5.7 Claims for damage caused to the goods, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
5.8 Pending the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller will return the purchase price to the buyer without undue delay, bank transfer to an account designated by the buyer.
5.9 When given together with the goods to the buyer gift is a gift agreement between the seller and the buyer is concluded with a resolutive condition that occurs when to withdraw from the contract the buyer loses gift agreement regarding the effectiveness of such a gift and the Buyer shall together with the goods to the seller and return provided gift.
6.1 In the event that the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this form of transport.
6.2 If the seller under the purchase contract must deliver the goods at the place designated 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 package and in case of any defects immediately notify the carrier. In the event of a breach reunion package indicative of intrusion into the consignment buyer need not take shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods that can modify special delivery conditions of the seller, if the seller issued.
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 § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code).
7.2 Seller is responsible that the goods on delivery no defects. In particular, the Seller to the Buyer that at the time when the buyer took the goods:
7.2.1. goods has properties that the parties negotiated, and the absence of agreement, has properties such that the seller or manufacturer has described or which buyers expected given the nature of the goods and on the basis of advertising carried out by them,
7.2.2. the goods are fit for the purpose which the seller says its use or to which the goods of this type are normally used,
7.2.3. goods correspond to the quality or performing the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4. goods in the right 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 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated to wear and tear caused by its common use, in used goods for defects caused by use or wear that on receipt of the goods should buyer, or if it appears that the nature of the goods.
7.4 In case there is a defect within six months of receipt, it shall be deemed that the goods were defective at the time of the takeover.
7.5 The rights of defective performance purchaser exercises with the seller at his premises in accordance here. For the moment the claim shall be the moment when the seller receives from the buyer 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 seller.
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
8.3 Court complaint provides consumers seller via e-mail addresses firstname.lastname@example.org. Information about the disposition of the complaint buyer sends the seller to buyer's email address.
8.4 The seller is entitled to sell the goods to a merchant. Trade control is carried out within the scope of their respective Trade Office. Supervision privacy exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the specified range, inter alia, supervising compliance with the Act no. 634/1992 Coll., On consumer protection, as amended.
8.5 Buyer hereby psychotherapist assumes the risk of changing circumstances within the meaning of § 1765 Sec. 2 of the Civil Code.
8.6 The order is binding (Civil Code § 544-545, Law no. 40/1964). Seller has the right to exercise the buyer for damages arising from its uncollected ordered goods on delivery. The buyer agreed terms and conditions and binding ordered goods in our e-shop.
9.1 Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
9.2 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, phone number (hereinafter collectively referred to as "personal data").
9.3 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations under the contract and for the purposes of maintaining a user account. If the buyer does not select another option, consent to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety pursuant to this article is not a condition that alone would make it impossible purchase contract.
9.4 Buyer acknowledges that it is required personal information (when registering, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller of a change in their personal data.
9.5 Processing of personal data by the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer passed on to third parties.
9.6 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. Buyer acknowledges that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
9.8 In the event that the buyer thought that the seller or processor (Art. 9.5) processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate with respect the purpose of processing, can:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the cost of providing the necessary information.
10.1 Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address or phone number and the buyer agrees to receive commercial communications seller to buyer's email address or the phone number of the buyer.
10.2 Buyer agrees with saving so. Cookies on his computer.
11.1 Buyer may be delivered to the email address specified in his user account or given by the buyer in the purchase order.
12.1 If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from the generally binding legal regulations.
12.2 If any provision of the Terms and Conditions is invalid or ineffective, or such happens, instead of the invalid provision a provision whose meaning is invalid provision as close as possible. The invalidity or unenforceability of one provision is without prejudice to the other provisions. Amendments and supplements to the purchase contract or business conditions require written form.
12.3 The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
12.4 Attachment business conditions constitute a model form for withdrawal from the contract.
12.5 The contact details of the seller: the address for delivery is KONIM CZ spol. s.r.o., Rooseveltova 36, 746 01 Opava, e-mail address email@example.com.
Name of seller: KONIM CZ Spol. s.r.o.
Head seller: KONIM CZ Spol. s.r.o., Rooseveltova 36, 746 01 Opava
Email address: firstname.lastname@example.org
Phone: +420 730 117 218
Information about order:
Date of receipt of the goods:
At .................... day ....................