General Terms and Conditions
of Tomáš Paška
Postal address: Československé armády 224, Trutnov 54101, Czech Republic
Identification Number: 09641963
phone: +420 737191065
1.1 These General Terms and Conditions (hereinafter referred to as „Conditions“) of Tomáš Paška (hereinafter referred to as the „Seller“) determine and specify mutual rights and obligations of contracting parties arising from or based on a Purchase Agreement, concluded between the Seller and another person or a legal entity (hereinafter referred to as the „Customer“), via the Seller’s website that includes an online store, with the exception of purchase agreements according to Art. 1.4 of these Conditions.
1.2 The Seller’s online store is to be found at the URL address https://www.fujfuj.com/ or at a URL address of the same name but with a different national or international domain, on condition that such a website containing the URL address is registered by the Seller (the Seller’s online store will from now on be referred to as the „Shop“). The Shop enables the contracting parties to conclude a Purchase Agreement online, by means of distance communication. The Customer shall cover all the Customer‘s costs arising from the use of this method (payments for internet connection, phone calls etc.) as the Customer’s own cost.
1.3 The Seller is a professional entrepreneur in relation to the Customer. In case the Customer concludes a Purchase Agreement or otherwise deals with the Seller as a private person beyond the Customer’s professional field, the Customer is deemed a Consumer and is legally protected as such. Should some provisions of these Conditions mention a Consumer, the term „Customer“ and „Consumer” become interchangeable. A Customer that is not considered a Consumer shall be deemed a professional entrepreneur by these Conditions, according to §§ 420 – 422 of the Czech Civil Code (law No. 89/2012 Coll., „občanský zákoník“). A Customer that is not considered a Consumer shall be governed by these Conditions to the extent that can be applied to a regular Customer and by the Czech Civil Code.
1.4 A Purchase Agreement can be concluded also individually and not via the Shop. Such a Purchase Agreement can contain provisions that differ from these Conditions, in such case the provisions of the individual Purchase Agreement prevail. If not stated otherwise in the individual Purchase Agreement, the present Conditions shall apply to individual Purchase Agreements as well.
1.5 These Conditions shall become an integral part of every Purchase Agreement concluded with the Seller according to Art. 1.1 – 1.4 of these Conditions. Written nature of these Conditions is achieved by their publication in the Shop as they can be downloaded and repeatedly displayed. These Conditions, in addition to other content of the Shop, contain all the information that the Seller is required to state before a Purchase Agreement is rightfully concluded or before a Consumer makes a valid offer of purchase, as required by the Czech Civil Code and other legal provisions. The actual Purchase Agreement is based on these Conditions and is not concluded in written form, should not be stated otherwise in individual cases. In cases when there is no written Purchase Agreement, the Seller files and keeps the Purchase Agreement under a unique numerical code of the purchase order, in other cases the Seller files and keeps the written Purchase Agreement. No Purchase Agreement (no matter if it is filed and stored under a numerical code of the purchase order or in the written form) is accessible to the general public.
1.6 These Conditions further regulate the rights and obligations of the Customers while using the Seller’s Shop and website and other related legal relations.
1.7 The Seller is entitled to change or amend these Conditions. No change or amendment should alter already existing rights and obligations; such rights and obligations are subject to the respective previous version of these Conditions.
1.8 The Seller is not bound by any obligatory or compulsory codes of conduct according to § 1826 par. 1 letter e) of the Czech Civil Code.
1.9 A Purchase Agreement with the Seller can be concluded in English language. The Seller and the Customer can conclude a Purchase Agreement in a different language individually. All communication to the Customer shall be in English.
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 longer than, or if the buyer violates its 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 the hardware and software equipment of the Seller, or necessary maintenance of third party hardware and software.
3.1 The Shop contains a regularly updated list of goods offered for sale and their prices. The offer of goods is valid as long as it is published in the Shop. The prices in the Shop are in EURO and are valid in EURO.
3.2 All offers of goods in the Shop are not binding as such; the Seller is entitled to refuse to conclude a Purchase Agreement with Customers who have previously infringed a Purchase Agreement or these Conditions. All offers of goods are limited by the actual stock of the Seller’s goods and by the Seller‘s ability to fulfil a Purchase Agreement.
3.3 The Seller is entitled to conclude a Purchase Agreement also individually under individual terms and conditions (Art. 1.4 of these Conditions).
3.4 All proposals of concluding a Purchase Agreement are confirmed only when the Customer receives the Seller‘s acceptance of the Customer’s order. The Customer receives this acceptance via e-mail or by other means of distance communication.
3.5 In order to purchase goods from the Shop, the Customer needs to fill in an order form in the Shop (technical steps leading to a Purchase Agreement). The order form contains especially information about:
- a) ordered goods (specifying the amount of goods, the exact variant) that the Customer adds to the electronic shopping basket in the Shop,
- b) the final price and the means of payment plus information about the desired kind of shipping,
- c) package and its cost,
(letter a) to c) shall hereinafter be referred to as the „Order“).
3.6 Before the Customer confirms the Order, the Customer can check or alter any information about the Order as filled in the order form. The Customer is therefore capable of finding and correcting any possible mistake before the Order is confirmed.
3.7 The Seller is always entitled to ask the Customer for additional order confirmation (via e-mail or phone) with regard to the nature of the Order (ordered amount of goods, final price, shipping costs). In such case, Art. 3.4 of these Conditions does not apply, and a Purchase Agreement between the Seller and the Customer is not concluded until the moment when the Seller receives the required additional confirmation of the Order.
3.8 A Purchase Agreement is concluded in the moment when the offer is accepted. In cases subjected to Art. 3.4 of these Conditions, the offer is accepted when the Customer receives an Order confirmation from the Seller. In cases subjected to Art. 3.7 of these Conditions, the offer is accepted in the moment when the Seller receives the required additional confirmation.
3.9 Information on packaging and shipping costs as stated in the Shop is binding only when the Order shall be shipped to one of the countries specifically stated in the Shop. Individual packaging and shipping costs for other countries not mentioned in the Shop shall be negotiated with the Seller via firstname.lastname@example.org.
3.10 The Seller remains the rightful owner of the ordered goods until the final price is fully paid. The risk of damage to the ordered goods shall pass to the Customer in the moment the Customer receives the goods or in the moment the Customer is enabled to handle the goods. Damage costs, arisen once the risk of damage had been passed to the Customer, do not affect the obligation of the Customer to pay the full price, except for when the damage was caused by violating an obligation by the Seller. This rule does not apply in cases when the Customer rightfully asked for substitute goods or when the Customer withdrew from the Purchase Agreement.
3.11 The Purchase Agreement is regulated by §§ 2079 and following of the Czech Civil Code. Should not these Conditions state otherwise or should not obligatory provisions for a Consumer apply, the aforementioned provisions of the Czech Civil Code apply. In cases when a Purchase Agreement is considered a Consumer Agreement, provisions §§ 1810 – 1819 of the Czech Civil Code shall apply; for Consumer Agreements concluded by means of distance communication, provisions §§ 1820 and further of the Czech Civil Code shall apply. A Consumer is furthermore protected by the law No. 634/1992 Coll., on consumer protection („zákon o ochraně spotřebitele“).
Other conditions: prices, payments, delivery and shipping
4.1 The Customer can pay for ordered goods and packaging and shipping costs by credit or debit card through payment gateway – PayPal
4.2 The price for ordered goods is due in 14 days from the Seller’s acceptance of the Order (according to Art. 3.8 of these Conditions). Should the price not be paid within these 14 days and the Seller and the Consumer should not conclude otherwise, the acceptance of the Consumer’s Order shall be deemed void and the Order shall be cancelled.
4.3 The Seller shall invoice the Customer for the ordered goods and packaging and shipping costs, after the payment for the Order has been processed. Invoice shall be sent to the Customer’s e-mail address stated in the Order.
4.4 The Customer chooses the means of delivery should not the Purchase Agreement state otherwise. In case the Customer requires a specific transport, the Customer then bears all the risks and is obliged to pay an eventual additional cost of the chosen means of transport.
4.5 The Seller fulfils a Purchase Agreement in the moment of transferring the Order to delivery and enabling the Customer to claim the Order from the delivery company. The Seller should do it within 30 days after the Order is paid for. If the Customer is considered a Consumer at the same time, the previous sentence applies only when the delivery company was chosen solely by the Customer/Consumer and the Seller did not offer to deliver with this company. In other cases a Purchase Agreement is fulfilled by the Seller only in the moment of delivering the Order to the Customer/Consumer.
4.6 In cases when it is necessary to repeatedly deliver the Order or change the delivery company chosen in the Order due to the Customer, the Customer shall refund the Seller’s additional costs that arose because of substitute delivery/deliveries.
4.7 Should the Customer accept the Order at a certain address (stated by the Customer in the Order), the Customer is obliged to accept the Order at the stated address. If the Customer does not accept the Order and the Order returns to the Seller, the Seller is entitled to charge the Consumer for restocking the Order. If the Customer does not reply to the Seller’s inquiry whether the Customer wishes to resend the returned Order (Art. 4.8 of these Conditions), the Seller is entitled to withdraw the Purchase Agreement. By this withdrawal, the Purchase Agreement is annulled; in cases when the Order was already (partially) paid, the Seller is entitled to deduct the costs for return and restocking the Order from the price to be returned to the Customer.
4.8 The Customer is obliged to properly inspect the package when receiving the Order and report to the Seller all possible damages to the intactness of the Order. In cases the Customer discovers damages to the packaging suggesting an unauthorized breach in the package, the Customer may refuse to accept the Order. By signing the delivery, the Customer confirms that the packaging was intact and no further reclaim can be made based on damaged packaging. The Customer shall inspect the Order as soon as possible after accepting it and verify the characteristics and amount of the goods. Should the Order be further transferred, the Customer is entitled to postpone the inspection until the Order reaches its final destination.
4.9 Other rights and obligations regarding transfer of goods can be amended by additional Delivery Conditions of the Seller.
Faulty goods: rights and obligations
5.1 The Seller is obliged to deliver to the Consumer goods of the right quality, amount and design. Quality of the goods is derived from the usual quality of products in the Shop.
5.2 Goods are considered faulty if they do not fit the characteristics according to Art. 5.1 of these Conditions or if they are different than ordered. In case the Seller delivers less than the ordered amount of goods and the difference in amount is clearly stated by the Seller, the Consumer has no special rights with regard to the missing goods. Rights for faulty goods arise only from such fault that the goods had in the moment of delivery to the Customer (Art. 3.10 of these Conditions).
5.3 In case the fault of the goods constitutes a serious breach of contract and the Customer reported the fault to the Seller without undue delay (right after the Customer thoroughly inspected the goods and could have detected the fault), the Customer has the following rights:
right to be delivered new (not faulty) goods or missing goods,
right to a reasonable discount from the goods‘ price,
right to withdraw a Purchase Agreement.
5.4 When noticing the Seller about the found fault(s), the Customer shall also inform the Seller which right according to Art. 5.3 of these Conditions the Customer chooses. Should the Customer not choose a right according to Art. 5.3 of these Conditions, the Customer shall do so without undue delay after reporting faulty goods. Once chosen right cannot be interchanged for another right without the Seller’s consent; that does not apply in case when the Customer chooses repair of the fault and the fault transpires to be unrepairable. Should the Seller not repair the fault, or should the Seller inform the Customer that the Seller will not repair the fault, the Customer is entitled to require a discount or withdraw the Purchase Agreement. Should the Customer not choose the Customer’s right according to Art. 5.3 of these Conditions without undue delay (when announcing the fault or right away), the Customer is entitled only to the rights as if the fault had not constituted a serious breach of contract, according to Art. 5.5 of these Conditions.
5.5 In case the fault of the goods does not constitute a serious breach of contract, the Customer is entitled to repair of the have the goods or to receive a discount from the goods’ price. Until the Customer chooses either the right to a discount or withdraws from a Purchase Agreement, the Seller is entitled to deliver missing goods or their parts or set right a legal fault. Other faults can be corrected due to the Seller’s choice either by repairing the faulty goods or delivering new goods. The Seller’s choice should not inflict disproportionate costs on the Customer. Should the Seller not correct the fault without undue delay or should the Seller refuse to correct the fault, the Customer is entitled to require a discount from the goods’ price or withdraw from the Purchase Agreement. The Customer shall not alter the chosen right according to this Art. 5.5 unless the Seller agrees with such a change.
5.6 Serious breach of contract is considered to be such a breach that the contracting party breaching the Contract had known about or must have known that the other contracting party would not have chosen to conclude a contract had the other contracting party known about the breach. Other breaches of contract are not considered serious.
Consumer rights when selling goods in a shop – special protection
6.1 Provisions of this Article VI. are special provisions for Customers who are not professional entrepreneurs; by that it is meant that while the Customer concluded a Purchase Agreement with the Seller, the Purchase does not by any means relate to the Customer’s business or entrepreneurship (the Customer is therefore a Consumer).
6.2 The Seller guarantees to the Consumer that when it comes to Purchase Agreements according to Art. 6.1 of these Conditions, the delivered goods do not have any faults (Art. 5.1 and 5.2 of these Conditions in addition with the following provisions). The Seller especially guarantees that at the time of delivery the delivered goods:
6.3 Should a fault appear during the first six months after delivery, the goods are considered having been faulty at the time of delivery.
6.4 In case goods are faulty but the fault does not hinder their usage, the Seller shall sell such goods only for lower prices than the prices of goods without faults. The Seller shall inform the Consumer about the fault(s) and its (their) nature. Should used goods be sold this way, the time for enforcing the rights for faulty goods (Art. 6.5 of these Conditions) shorten to a half (i.e. 12 months after delivering the goods).
6.5 The Consumer is entitled to reclaim any faults (Art. 6.7 of these Conditions) that appear in 24 (twenty-four) months after the goods‘ delivery, in case this Article of these Provisions applies. This Article 6.5 does not apply on condition that:
- a) the goods were sold as faulty for lower price, the fault being the reason for lower price,
- b) the goods were sold as used with the fault being caused by the use and the Consumer knew about it.
6.6 The Consumer is entitled to ask the Seller for a written confirmation about the Consumer’s rights and obligations for faulty goods and the time in which they can be enforced. Other rights of the Consumer that relate to a Purchase Agreement are not in any way affected by such a confirmation as the Seller shall mention in the confirmation. The confirmation can be replaced by purchase receipt should such a receipt contain required information and information about the Seller’s identity.
6.7 In case the delivered goods do not fit characteristics according to Art. 6.2 of these Conditions, the Consumer is entitled to ask the Seller for:
- a) delivering new goods without faults on condition that it is not inappropriate with regard to the nature of the fault and on condition that the delivered goods were not sold as discounted for its fault or as used (in these cases the Consumer is entitled for an appropriate discount with the exception stated in Art. 6.5 a) of these Conditions);
- b) in cases only parts of delivered goods are faulty (by parts it is meant everything that belongs to the product and cannot be separated from it without degrading the it), the Consumer is entitled for replacement of the faulty part; if such a replacement is not possible, the Consumer is entitled to withdraw from Purchase Agreement. However, should withdrawal from Purchase Agreement be disproportionate with regard to the nature of the fault, especially if the fault can be repaired without undue delay, the Consumer is entitled only for repair of the fault, free of charge.
6.8 The Consumer’s right to have new goods delivered or to replacement of faulty parts applies also to repairable faults in cases when the Consumer cannot properly use the goods due to repeatedly appearing fault or due to several faults. In such a case the Consumer is also entitled to withdraw the Purchase Agreement.
6.9 Should the Consumer not withdraw a Purchase Agreement or require new goods, repair of goods or their parts free of charge, the Consumer is entitled to require a proportionate discount from price of the goods. The Consumer is entitled to a proportionate discount also when the Seller cannot deliver new goods, repair faulty goods or their parts and also in cases when the Seller does not rectify the fault in reasonable time or when the rectification could cause disproportionate discomfort for the Consumer.
6.10 Should the Consumer claim the rights for faulty goods, the Seller shall confirm the claim in writing. Such a confirmation shall contain the date of the claim, in cases of repairs also the estimated repair time.
6.11 The Customer is not entitled to any of the rights for faulty goods should it be the Customer who has caused the fault. The Customer also does not have any rights for faulty goods should the Customer alter the goods in any way; any alterations fully revoke the Seller’s liability for delivered goods.
Withdrawal of Purchase Agreement
7.1 The Consumer (Art. 1.3 of these Conditions) is entitled to withdraw a Purchase Agreement concluded distantly (Art. 1.2 of these Conditions) without having to state for the withdrawal within 14 (fourteen) days since concluding a Purchase Agreement. By withdrawal, a Purchase Agreement is made null and void from the beginning and all rights and obligations of the contracting parties are annulled.
7.2 The 14 days period starts from the day of the goods‘ delivery to the Consumer or to a third person appointed by the Consumer (not the shipping company). In case when several kinds or parts of goods are to be delivered, the 14 days period starts from the last delivery to the Consumer or to another person appointed by the Consumer (not the shipping company). In cases when regularly repeated delivery is concluded, the 14 days period starts from the day of the first delivery to the Consumer or to another person appointed by the Consumer (not the shipping company).
7.3 Detailed conditions and practices for withdrawal of a Purchase Agreement concluded distantly (hereinafter referred to as only „withdrawal“) are governed by Act No. 363/2013 Coll., according to §§ 1820 par. 1 f) and 1820 par. 2 of the Czech Civil Code, and are as follows:
- a) the Consumer withdraws a Purchase Agreement by sending a withdrawal to the Seller; the withdrawal is a one-sided legal act, shall be in written form (Art. IX of these Conditions) and shall be accompanied by relevant receipt;
- b) the withdrawal as mentioned in the paragraph above can be sent via e-mail.
- c) sending a withdrawal to the Seller suffices for being within the time limit for a valid withdrawal;
- d) the Consumer is obliged to send the goods from a withdrawn Purchase Agreement to the Seller or deliver them to the Seller’s premises without undue delay, the latest term being 14 days after a withdrawal; to be within this time limit, sending the goods to the Seller suffices;
- e) after the Consumer effectively withdraws a Purchase Agreement, the Seller shall refund the Consumer all payments that the Seller has received from the Consumer with regard to the withdrawn Purchase Agreement, including shipping costs. The Seller shall return the payment without undue delay, at the latest within 14 days after the Seller received a valid withdrawal. To return the payments, the Seller shall use the same means as the Consumer at the time of paying unless the Consumer did not state otherwise in the withdrawal or unless the Consumer agreed with a different means of refund payment. Under no circumstances the Consumer shall be charged extra costs with regard to refund;
- f) the Seller is not obliged to refund the Customer according to the letter d) of this paragraph sooner than the Seller receives the returned goods.
- g) the Consumer is obliged to cover extra costs with regard to returning goods from a withdrawn Purchase Agreement; in individual cases, the contracting parties may conclude otherwise, e.g. the Consumer can be granted a discount for next purchase, the discount being in the amount of extra costs due to returning goods from a withdrawn Purchase Agreement;
- h) the Consumer is liable for decreasing the value of the goods from a withdrawn Purchase Agreement in case the Consumer has been treating the goods in a manner not necessary for inspecting the goods‘ characteristics, nature and purpose;
- i) the Consumer accepts the fact that should the returned goods be in any way damaged, used or partially consumed (exceeding the treatment of the goods necessary for inspecting the goods‘ characteristics, nature and purpose as stated in letter g) of this paragraph), the Seller is entitled to be reimbursed the damage costs. The reimbursement can be deducted against the refund according to letter d) of this paragraph. The Consumer and the Seller both agree that such a reimbursement cannot be replaced by reparation of the goods and the original price of the goods shall be relevant when estimating the damage cost according to § 2969 par. 1 of the Czech Civil Code.
7.4 Returning of goods according to Art. 7.3 c) of these Conditions is governed by provisions on reclaiming goods according to Art. 8.10 c) of these Conditions.
7.5 The Consumer is not entitled to withdraw a Purchase Agreement for goods customized for the Consumer.
Obligatory information according to Consumer Protection Code (Art. 3.11 of these Conditions)
8.1 The Seller shall inform the Consumer about all relevant characteristics of the sold goods, about the terms of usage, their purpose and possible risks that may be caused by incorrect usage or maintenance,
- a) on an individual page on the Seller’s website or
- b) in the attached leaflet that the Customer receives with ordered goods.
8.2 It does not serve any purpose to label all the goods, due to its nature, with the brand of the producer, importer or retailer, with the full name of the product, information on amount or size, measures or other information that may serve to the product’s identification or its usage. The Seller shall, however, state this information in the Shop or provide and prove them to the Consumer or to a supervisor when required.
8.3 Used or customized goods, faulty goods or otherwise defective goods shall be sold separately with a notice informing the Consumer about it in the product description (in the Shop or otherwise).
8.4 Limitation for sales (such as sales of limited edition products) is predicted by Art. 3.2 of these Conditions and shall, if possible, be stated also in the Shop. Payments are regulated by Art. 4.1 of these Conditions.
8.5. Information on the range and conditions of reclaims and consumer protection (hereinafter referred to as „reclaims“ are regulated by Art. V. and VI. of these Conditions.
8.6 Information on reclamation procedure, including where to reclaim, are summarized in the Seller’s Complaint Procedure.
8.7 The Seller shall accept reclaims sended to the Seller’s addresse: Tomáš Paška, Československé armády 224, Trutnov 541, Czech Republic.
8.8 The Seller shall confirm to the Consumer the date of the reclaim, its contents and what solution of the reclaim the Consumer suggests. The Seller shall further confirm the date and the way of settling the reclaim, including the executed repairs and the time the repairs took, respectively the reason for not acknowledging the reclaim.
8.9 The Seller is entitled to provide additional conditions necessary for rightful and effective reclaim:
- a) the Consumer shall send to info@com first notice on intended reclaim, if possible with photographs of the reclaimed fault, together with a filled in complaint procedure protocol,
- b) the Consumer shall then send the reclaimed goods accompanied by their receipt to the Seller’s address, either by a shipping company or in person (according to the Consumer’s choice whilst the compensation of shipping costs according to letter e) of this paragraph shall be made based on the most inexpensive way of shipping that the Seller offers in the Seller’s shipping conditions). The package shall be labelled „reclaim“ and should contain a written description of the reclaimed fault or a filled-in complaint procedure protocol;
- c) reclaimed goods should be delivered to the Seller with no damage; goods not compliant with this description shall not be accepted as reclaimed.
- d) should the reclaim be acknowledged, the Consumer shall also be compensated for shipping costs related to the reclaim according to the letter b) of this paragraph; such a compensation shall be concluded between the Seller and the Consumer (email@example.com).
Other rights and obligations related to using the Shop
9.1 The Customer accepts that the Shop as such is protected as an author’s work (programming of the Shop, photographs in the Shop, copywriting etc.). The Customer swears not to form or engage in any activity that may result in alteration or unauthorized usage of the Shop or other elements of the Shop considered author’s work by the Customer or by a third person.
9.2 The Customer shall not, while using the Shop, use any kind of mechanisms or other procedures that may negatively affect the Shop’s functioning. The Customer is entitled to use the Shop solely for its purpose (shopping) in a way that does not obstruct other customers of the Shop.
9.3 The Customer accepts that the Seller is not liable for any faults of the Shop arising from a third person’s interference in the Shop or from an authorized use of the Shop.
Communication and delivery
10.1 Should it not be agreed otherwise in individual cases, every correspondence with regard to a Purchase Agreement shall be sent to the other contracting party in writing. By written communication it is meant via e-mail, in person or as a post letter (due to sender’s choice). E-mail and post addresses stated in the Customer’s registration in the Shop (or in the order when there is no registration in the Shop) shall be considered valid addresses of the Customer.
10.2 Correspondence with regard to a Purchase Agreement is effectively delivered when:
- a) the incoming server accepts the message (e-mail) in cases of electronic communication; integrity of e-mail might be ensured by a certificate;
- b) the addressee or an authorized person accepts the letter/package in cases of communication in person or via post;
- c) in cases when the addressee cannot be reached, the letter/package is considered effectively delivered in 10 days since the addressee was noticed about the letter/package; in cases when it is not possible to notice the addressee about the letter/package, it is still considered delivered after 10 days even if the addressee did not find out about the letter/package;
- d) in cases the addressee or an authorized person refuses to accept the letter/package, it is considered delivered at the moment of refusal.
Personal data protection
11.1 Protection of the Customer’s personal data, should the Customer be subject to personal data protection (hereinafter referred to as only the „Customer“) is provided by the Act No 101/2000 Coll., on personal data protection (hereinafter referred to as the „Personal Data Protection Code“).
11.2 The Customer agrees with processing the Customer’s personal data in the following range:
- a) first and family name,
- b) the Customer’s home address, respectively delivery address, should it be stated,
- c) ID number and tax ID number when applicable (for entrepreneurs),
- d) e-mail address,
- e) phone number.
11.3 The Customer agrees that the Customer’s personal data shall be processed according to Art. 11.2 of these Conditions. The Customer’s personal data are gathered and processed in order to conclude and fulfil a Purchase Agreement according to Art. III and of these Conditions, and further in order to inform the Customer about actions and offers of the Seller (sales or services offers). In order to offer sales or services to the Customer, the Seller is entitled to use the Customer’s full name and the Customer’s address on condition these data were acquired from a public list or with regard to the Seller processing personal data. However, the Seller may not further process personal data of a Customer who has voiced disagreement with further processing of personal data; such a disagreement must be done in writing. Without the Customer’s consent, no additional personal data can be assigned to already acquired personal data.
11.4 The Customer takes into consideration that it is the Customer’s obligation to fully, correctly and truthfully state the Customer‘s personal data according to Art. 11.2 of these Conditions (when registering in the Shop, in the Customer’s user account, when ordering from the Shop etc.) and that the Customer is obliged to inform the Seller about changes to the Customer’s personal data. The Customer is in this way instructed that informing the Seller about the Customer’s personal data is done voluntarily (with the Customer’s consent) and that the consent can be revoked by a written withdrawal. Should the Customer inquire about processing the Customer’s personal data, the Seller is obliged to attend to such an inquiry without undue delay for an appropriate compensation.
11.5 Except to a shipping company, the Customer’s personal data shall not be provided to third persons. The actual processing of personal data can, however, be administered by a third person.
11.6 The Customer’s personal data shall be processed by the Seller or by an administrator (Art. 11.5 of these Conditions) for unlimited time, but only to an extent necessary for the purpose of the processing. Personal data shall be processed electronically and automatically or in print (not automatically).
11.7 The Customer, who finds or considers the processing of the Customer’s personal data not in compliance with protection of the Customer’s private and personal life or being against the law, especially when the Customer’s personal data are not correct with regard to the purpose of their processing, may:
- a) demand an explanation by the Seller or the Administrator,
- b) demand a remedy from the Seller or the Administrator, e.g. blocking, correcting, addition or liquidation of personal data.
11.8 Should the Customer’s request according to Art. 11.7 of these Conditions be found rightful, the Seller or the Administrator shall provide a remedy without undue delay.
11.9 The Customer agrees that the Seller may send further information on the Seller’s goods, services or business to the Customer’s e-mail address. The Customer also agrees with regular newsletters from the Seller being sent to the Customer’s e-mail address.
11.10 The Office on Personal Data Protection (Úřad pro ochranu osobních údajů in Czech) supervises the fulfilment or rights and obligations stemming from the Personal Data Protection Code. The Office also administers a Register of Personal Data Processing, accepts complaints and other initiatives on infringement of personal data protection, deals with them and informs about the settlement of such complaints and initiatives.
Out-of-court dispute settlement
12.1 Disputes between the Seller and the Customer are solved by Czech courts according t to the law of the Czech Republic.
12.2 The Customer who is at the same time also a Consumer, has a right to an out-of-court settlement of a dispute stemming from a Purchase Agreement, according to Act No 634/1992 Sb., on consumer protection. Out-of-court settlement is in such case governed by the „Česká obchodní inspekce“ (the Czech Trade Inspection Authority, CTIA), more details are to be found at the CTIA’s website www.coi.cz/en.
12.3 The Consumer is entitled to initiate an out-of-court settlement of a consumer dispute, in case the Consumer tried but failed to settle the dispute directly with the Seller. The Consumer shall initiate an out-of-court settlement of a dispute within one year since the Consumer first addressed the Seller with the relevant dispute.
12.4 The Seller shall always prefer an out-of-court settlement of a dispute with the Customer, should the Customer not refuse.
12.5 During an out-of-court settlement being processed, all the time limited periods according to the Czech Civil Code are paused and do not pass, until one of the disputing parties refuses to continue in the dispute.
12.6 The „Česká obchodní inspekce“ (the Czech Trade Inspection Authority, CTIA) supervises the compliance of the Act No 634/1992 Coll., on consumer protection.
13.1 Should the legal relation, based on a Purchase Agreement or based on using the Shop or the Seller’s website, contain an international element, it shall be governed by Czech law. Consumer’s rights stemming from general legal provisions should remain intact, including binding provisions of the European Union.
13.2 The Seller is a legal entity (limited liability company) established by the law of the Czech Republic and is entitled to sell goods as a business entity. The Seller’s business does not require any certification or authorization. The Seller’s business is controlled by the Czech „Živnostenský úřad“ (Trade Licencing Office) with regard to trade and by „Česká obchodní inspekce“ (the Czech Trade Inspection Authority, CTIA) with regard to consumer protection (with exceptions as stated in § 23 of the Czech Consumer Protection Code).
13.3 Should any provision of these Conditions be found invalid due to being against the law, good manners or public order or should it be rendered ineffective after a novelization of these Conditions, the most similar provision of these Conditions shall be used instead; if no similar provision exists, a relevant legal provision shall be used instead. Validity or effectivity of other provisions of these Conditions is not affected by any invalid of ineffective provision of these Conditions.
13.4 This version of Conditions is numbered as 01/2021 and is effective from 1. 11. 2021