General Terms and Conditions
These general terms and conditions (hereinafter referred to as " terms and conditions ") apply to contracts concluded through the online store www.vypalimti.cz located on the web interface www.vypalimti.cz (hereinafter referred to as the "web interface") between
Studio NET s.r.o., with registered office in Světec - Úpoř 36, zip code 41753
VAT number: CZ25499106
registered in the commercial register maintained by the Regional Court in Ústí nad Labem, section C, insert 21179
Address for delivery: Studio NET s.r.o., Úpoř 36, Světec, ZIP code 417 53
Phone number: +420 608 641 543
Contact e-mail: email@example.com
as a seller
and you as the buyer
With the purchase contract, we undertake to supply you with the goods specified in the order, and you undertake to take over these goods (either personally or from the carrier) and pay us the purchase price specified in the order. The purchase price (or just " price ") includes the costs associated with the delivery of the goods and any fees related to the chosen payment method. The amount of these costs will always be communicated to you before the binding shipment of the order.
You acquire title to the goods upon payment of the full purchase price, but not before you take delivery of the goods.
1.Does the purchase contract apply only to the goods?
A purchase contract (or just " contract ") here refers to any contract concluded in accordance with these terms and conditions. It can therefore also be a contract for the provision of services (an additional service offered on the web interface is, in particular, gift wrapping of goods).
2.Is the purchase contract a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you buy goods outside the scope of your business activity or outside the scope of independent performance of your profession. Otherwise, it is not a consumer contract and you are not subject to consumer protection according to legal regulations and these terms and conditions. In particular, as a non-consumer, you do not have the right to withdraw from the contract without giving a reason.
3.What are your special rights as a consumer?
As a consumer, you primarily have:
the right to withdraw from a contract concluded using means of distance communication, such as telephone, e-mail or online shopping (Article 5 of these terms and conditions);
the right to a 24-month warranty on unused consumer goods (the application of the warranty is governed by the Complaints Regulations);
the right to communicate information before concluding the contract (information is contained in these terms and conditions or on the web interface).
4.What governs our legal relationship?
Our legal relationship is governed by the following documents:
by these terms and conditions, which define and specify our mutual rights and obligations;
Complaints procedure, according to which we will proceed when complaining about goods;
the conditions and instructions given on the web interface, especially when concluding the contract;
the order and its acceptance by us,
and in matters not regulated here also by the following legal regulations:
by Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the " Civil Code ");
by Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
If your place of residence or registered office is outside the Czech Republic, or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law . If you are a consumer and the legal system of your country of residence provides a higher level of consumer protection than the Czech legal system, you are provided with this higher level of protection in legal relations.
5.How do you agree to the terms and conditions?
By sending the order and also confirming it in the web interface, you confirm that you have read these terms and conditions and agree to them.
We can change or supplement the wording of the terms and conditions. Your rights and obligations are always governed by the wording of the terms and conditions under which they came into effect.
1.How do we conclude a purchase contract?
The web interface contains a list of goods including a description of the main properties of individual items. For each item, the price includes all taxes, duties and fees. The presentation of the goods is of an informative nature, and it is not our proposal to conclude a contract in the sense of § 1732 paragraph 2 of the Civil Code . In order to conclude a contract, it is necessary that you send an order and that this order is accepted by us.
2. How to place an order?
You can place an order through the web interface (by filling out the form).
The order must contain all the information prescribed in the form, in particular the exact designation of the goods ordered (or the numerical designation of the goods), the number of pieces, the chosen method of payment and transport and your contact details (delivery and, if applicable, invoicing). It is also possible to order an additional gift wrapping service as part of the order.
The final price will be communicated to you before the binding shipment of the order (depending on the chosen method of transport and payment).
You place a binding order by pressing the "I confirm order" button. We consider the data given in the binding order to be correct and complete . Inform us about their change without delay by phone or e-mail.
We will inform you about the receipt of the order. Information (confirmation) about the receipt of the order is sent automatically and is not an acceptance of the order on our part, unless it is explicitly stated in the confirmation .
If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. We may refuse an unverified order. Such an order is then treated as if it had not been submitted.
3. So when is the contract concluded?
The purchase contract is concluded at the moment when we receive your acceptance of the order . Acceptance of the order will be sent to the e-mail address you specified in the order. Should the order not be accepted, the contract is concluded when you pay the full purchase price or take delivery of the ordered goods (whichever occurs first). Acceptance of the order (acceptance) can be part of the information about the receipt of the order according to Article 2.2 of these terms and conditions (if this is explicitly stated in the confirmation), or it can follow this confirmation separately.
Information about the individual technical steps leading to the conclusion of the contract can be seen from the web interface.
4.Can you cancel an order that has already been sent?
You can cancel an order that we have not yet accepted (i.e. we have not sent you an order acceptance according to Article 2.3 of these terms and conditions) by phone or e-mail. All orders accepted by us are binding. Later cancellation of the order is only possible after agreement with us. If an order for goods is canceled in this way, for which it is not possible to withdraw from the contract (more details in Article 5), we are entitled to reimbursement of the costs that we have already incurred in connection with the contract.
5. Can the price shown on the web interface change?
The prices of the presented goods and the prices for packaging, shipping and delivery remain valid for the time they are displayed in the web interface. Any discounts on the price of goods cannot be combined with each other, unless something else is explicitly stated on the web interface.
In the event that there was an obvious technical error on our side when indicating the price of the goods in the web interface or during the ordering process, we are not obliged to deliver the goods to you at this clearly incorrect price , even if you were sent an order acceptance according to these terms and conditions. In such a case, we reserve the right to withdraw from the contract .
If the price indicated for the goods in the web interface or during ordering is no longer current, we will immediately inform you of this fact. If your order has not yet been accepted, we are not obliged to conclude a contract.
Sent orders are not affected by a price change that occurred between the time the order was sent and its acceptance by us in accordance with Article 2.3 of these terms and conditions.
6.Is it possible to get a contract in text form?
The contract is not concluded in writing with the signatures of the contracting parties. The contract consists of these terms and conditions, your order and its acceptance by us . The entire contract will be sent to you by e-mail or, at your request, printed by post. When sending by post, we may ask you to pay the costs associated with it.
7.What if you don't understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or e-mail. We will be happy to provide you with all the necessary information.
8.In which languages can the contract be concluded?
The contract can be concluded in the Czech language, unless we expressly agree on another language.
9.Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
1.What payment methods do we accept?
You can pay the purchase price mainly in the following ways:
in cash when sending goods on cash on delivery or when collecting in person;
cashless before delivery of the goods by transfer to our bank account (instructions will be given to you in the order confirmation);
cashless before delivery of the goods via the GoPay payment gateway.
Possible other payment methods are listed on the web interface. The choice of payment methods may be limited depending on the method of delivery of the goods.
Some payment methods (especially cash on delivery) may be subject to additional charges . These fees are listed on the web interface. The order will always include the final price, which already includes fees related to the chosen payment method.
2.When is the purchase price due?
In the case of payment in cash, the price is payable upon receipt of the goods. In the case of non-cash payment before delivery of the goods, the price is payable within seven days of receiving the order according to Article 2.3. Your obligation to pay the price is fulfilled in the case of non-cash payment when the relevant amount is credited to our bank account.
3.In what currency can you pay ?
Payment for goods is possible in Czech crowns (CZK).
4.When can we request a deposit or advance payment?
We can request a deposit for the purchase price, especially for orders with a total price of more than CZK 5,000
Furthermore, we are entitled to ask you to pay the full price of the goods before sending or handing them over (Section 2119 paragraph 1 of the Civil Code does not apply).
4.TERMS OF DELIVERY
1.How do we ship the goods?
The methods of delivery of the goods are listed on the web interface. You can choose the specific method of delivery of the goods in the order. If you do not choose any shipping method, we can determine it.
2.What are the shipping costs?
The cost of delivering goods always depends on the size and nature of the goods and on the price list of the selected carrier. Current costs for delivery of goods are listed on the web interface.
The order will always include the final price, which already includes the costs of the selected transport method.
3.When will we deliver the goods to you?
The delivery time of the goods always depends on its availability and on the chosen method of transport and payment.
As a rule, we hand over the goods that are in stock to the carrier within two working days of receiving the order (when sending the goods on cash on delivery or in case of personal collection), or after crediting the payment to our account (in the case of non-cash payment).
Goods that are not in stock will be handed over to the carrier as soon as possible. We will inform you about the exact date.
Please note that we cannot influence the delivery time of goods by external carriers. Any complaints regarding the delivery time must be resolved directly with the carrier .
Delivery of goods according to these terms and conditions means the moment when the goods are delivered to you. If you refuse to accept the goods without reason, this fact is not considered a failure to fulfill the obligation to deliver the goods on our part, nor a withdrawal from the contract on your part.
4.How to proceed when receiving the goods?
When receiving the goods, check that the packaging of the goods is intact . If you discover deficiencies, inform the carrier and us immediately. If you refuse to accept a shipment with damaged packaging, it is not considered an unjustified refusal of the goods.
By signing the delivery note (or other similar document), you confirm that the packaging of the shipment has not been damaged.
The moment you take over the goods (or the moment when you were obliged to take over the goods, but you did not do so in violation of the contract), responsibility for accidental destruction, damage or loss of the goods passes to you.
5.What happens if you do not receive the goods?
If, for reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery .
In the event that you do not accept the goods without reason, we are entitled to compensation for the costs associated with the delivery of the goods and their storage , as well as other costs that we incur due to the non-acceptance of the goods. These costs will not exceed CZK 10 for each day of storage. Storage costs can reach a maximum total of CZK 500 or the purchase price, if it is lower than CZK 500.
In the event of non-acceptance of goods sent on cash on delivery based on the conclusion of a purchase contract between the e-shop and the buyer pursuant to § 2118 paragraph 1 of Act No. 89/2012 Coll. of the Civil Code, costs incurred for futile delivery attempts will be recovered through the Online Recovery Agency located at NeatGravity.com in the amount of the calculated postage in the order resulting from this contract. In the event that the e-shop offers FREE postage as part of an advertising campaign conditional on the purchase of a certain amount of goods, the usual postage that applies outside of the advertising campaign will be charged.
Furthermore, in such a case, we have the right to withdraw from the contract.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
1.How can you withdraw from the contract?
You can withdraw from the purchase contract within 14 days from the day of receipt of the goods ; if the delivery is divided into several parts, from the date of acceptance of the last delivery. We recommend sending a notice of withdrawal from the purchase contract to our delivery address or e-mail. A sample form can be used to withdraw from the contract. We will confirm receipt of the notification without unnecessary delay.
You do not need to give any reason for withdrawing from the contract.
2.What are the consequences of withdrawing from the contract?
By withdrawing from the contract, the contract is canceled from the beginning and is viewed as if it had not been concluded.
If a gift was provided together with the goods, the gift contract loses its effectiveness upon withdrawal from the contract by either party. Send the gift back to us together with the returned goods.
3.When can you withdraw from the contract?
In accordance with § 1837 of the Civil Code, it is not possible to withdraw from, among others, the following contracts :
about the delivery of goods that have been modified according to your wishes or for you;
about the delivery of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery;
about the delivery of goods in closed packaging, which you removed from the packaging and for hygienic reasons it is not possible to return it;
about the delivery of an audio or video recording or a computer program if you have broken their original packaging;
about the delivery of newspapers, periodicals or magazines.
4.How do you return the goods to us?
You must return the goods to us within 14 days of withdrawing from the contract to our delivery address, to any establishment or to the address of our registered office. Do not send the goods on delivery . We are not obliged to accept goods sent on cash on delivery.
Returned goods must be undamaged, unworn and unsoiled and, if possible, in the original packaging.
We recommend that you include the following with the returned goods:
a copy of the delivery note and invoice, if these documents were issued, or another document proving the purchase of the goods;
a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund (bank transfer, personal collection of cash or postal order or otherwise). Please include the delivery address, telephone number and e-mail address in the statement.
Failure to submit any of the above-mentioned documents does not prevent the positive processing of your withdrawal from the contract according to legal conditions.
5.When will you get your money back?
We will return all monies received to you within 14 days of withdrawal from the contract. However, please note that we are not obliged to refund you until you return the goods to us or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to a refund of the costs of delivering the goods to you. However, if you have chosen a different method of delivery of the goods that we offer, we will refund you the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods offered .
We will return the money to you:
the same way we received them, or
in the way you will require.
In addition to the methods mentioned above, we can always return the money by sending it to the bank account you provided or the account from which the funds were transferred to pay the purchase price (if you do not provide us with one within ten days of withdrawing from the contract). By accepting these terms and conditions, you express your consent to the sending of funds according to the previous sentence, on the condition that you will not incur any additional costs in this way.
You pay the costs associated with sending the returned goods to our address, even if the goods cannot be returned due to their nature by the usual postal route .
6.What if the returned item was damaged?
When sending, pack the goods in suitable packaging so that they are not damaged or destroyed. For goods substantially damaged or destroyed during transport due to the use of unsuitable packaging, the purchase price and the cost of delivery of the goods (or the part corresponding to the damage) cannot be refunded.
If we find that the goods returned by you are damaged, worn, dirty or partially consumed, we are entitled to compensation for damages . We can unilaterally set off the claim for payment of the incurred damage against your claim for a refund of the purchase price and the costs of delivering the goods, i.e. the amount reduced by the incurred damage will be returned to you.
7.When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
due to a technical error, the clearly incorrect price of the goods was listed on the web interface (Article 2.5 of these terms and conditions);
the goods for objective reasons (mainly because the goods are no longer produced, the supplier stopped delivering to the Czech Republic, etc.) cannot be delivered under the original conditions;
fulfillment becomes objectively impossible or illegal.
In the event that any of the above-mentioned facts occur, we will immediately inform you of our withdrawal from the contract. Withdrawal is effective for you from the moment it is delivered to you.
If you have already paid the purchase price in whole or in part, we will return the received amount to you without cash to the account that you inform us for this purpose or from which you made the payment. We will return the money within five days of withdrawing from the purchase contract.
6.RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code).
When exercising rights from defective performance, we will proceed in accordance with our Complaints Regulations. Before sending a complaint, familiarize yourself with the Complaints Procedure so that the complaint can be handled as quickly as possible and to your satisfaction.
The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz
1. What authorizations do we have to carry out our activities and who controls us?
We are authorized to sell goods on the basis of a trade license. Our activity is not subject to any other authorization.
The trade inspection is carried out by the relevant trade office within its jurisdiction. The Czech Trade Inspection (http://www.coi.cz/) checks compliance with legal regulations regarding technical requirements for goods and product safety. The Czech Trade Inspection also checks compliance with consumer protection regulations. The rights of consumers are also defended by their interest associations and other entities for their protection.
2.How do we handle complaints?
We handle any complaints via our contact email. You can also contact the entities listed in Article 7.1. We are not bound by, or adhere to, any codes of conduct in relation to our customers.
3.What else should you know?
When concluding the contract, means of remote communication (especially the Internet) are used. You pay the costs incurred when using the means of distance communication (mainly the costs of internet connection or telephone calls). These costs do not differ from the normal rate .
Unless otherwise agreed, all correspondence between us relating to the contract shall be in writing, either by e-mail, registered post or personal delivery. We will deliver to the e-mail address specified in the order or in your user account.
In the event that any provision of these terms and conditions is invalid, ineffective or inapplicable (or becomes so), the provision that is closest in meaning to the invalid, ineffective or inapplicable provision shall be used instead. The invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. The contract (including terms and conditions) can only be amended or supplemented in writing .
These terms and conditions are valid and effective from September 11, 2015