Company: Aspoň Tohle s.r.o.
Adress: Horní Počaply 146, 277 03, Czech Republic
Identification number (IČO): 07320604
telephone: +420 603 820 764
I. INTRODUCTORY PROVISIONS
These commercial terms (hereinafter referred to as “Commercial Terms”) for the e-shop with its registered office at Horní Počaply 146, 277 03, Czech Republic Identification number: 07320604 (hereinafter referred to as the “Seller”), in line with provisions of Sec.1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), adjust the mutual rights and obligations of contracting parties arising out of or in connection with the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at https://www.aspontohle.cz/ (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “E-shop Website Interface”).
Provisions derogating from the Commercial Terms may be negotiated in the Purchase Contract. Distinctive arrangements in the Purchase Contract take precedence over the provisions of the Commercial Terms.
Provisions of the Commercial Terms are an integral part of the Purchase Contract. The Purchase Contract and the Commercial Terms are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language.
The Seller may change or complete the wording of the Commercial Terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous wording of the Commercial Terms.
II. CONCLUSION OF THE PURCHASE CONTRACT
All presentations of the goods located at the E-shop Website Interface are informative and the Seller is not obliged to conclude the Purchase Contract for these goods. Provisions of Sec. 1732 (2) of the Civil Code do not apply.
The E-shop Website Interface contains information about the goods, including prices for the individual goods and the costs of returning the goods if these goods, due to their nature, cannot be returned through normal postal manners. Prices of the goods are indicated including value-added tax and all related fees. Prices of the goods remain valid for as long as they are displayed at the E-shop Website Interface. This provision does not limit the Seller’s option to conclude the Purchase Contract funder individually negotiated terms.
The E-shop Website Interface also includes information on the costs of packaging and delivering the goods. Information on the costs associated with the packaging and delivery of the goods listed at the E-shop Website Interface is valid only in cases when the goods are delivered within the territory of the Czech Republic.
To order the goods, the Buyer must complete the order form at the E-shop Website Interface. The order form especially includes information on the method of paying the purchase price for the goods, information on the required method of delivery of the ordered goods and information on the costs related to the delivery of goods (hereinafter collectively referred to as the “Order”).
Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered by the Buyer in the Order, also with regard to the Buyer’s ability to identify and correct the errors that occurred when entering the data into the Order. The Order is sent by the Buyer to the Seller by clicking the “BUY” button.
The data listed in the Order are deemed correct by the Seller. Upon receipt of the Order, the Seller will immediately acknowledge receipt of the Order to the Buyer by e-mail, to the Buyer’s e-mail address listed in the user account or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).
Depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (in writing or by phone, for example).
The contractual relationship between the Seller and the Buyer arises from the delivery of the Order (acceptance), which is sent to the Buyer by e-mail to the Buyer’s Electronic Address.
When concluding the Purchase Contract, the Buyer agrees to use remote means of communication. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself/herself, whereas these costs do not differ from the basic rate.
III. PRICE OF THE GOODS AND PAYMENT CONDITIONS
The Buyer may pay the Seller the price for the goods and the costs relating to the delivery of the goods in the following manners:
Cash on delivery in the place specified by the Buyer in the Order;
Cashless transfer to Seller’s account No.CZ6320100000002401476746 with the company Fio Bank (hereinafter referred to as the “Seller’s Account”);
Cashless transfer via the PayPal or Stripe payment system
Together with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless otherwise specified, the costs associated with the delivery of the goods are also further understood as the purchase price.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the Purchase Contract.
In the case of non-cash payment, the Buyer is required to pay the purchase price for the goods together with stating the variable payment symbol. In the case of non-cash payment, the Purchaser’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s account.
Especially in the event that the Buyer does not additionally confirm the order, the Seller is entitled to request the payment of the full purchase price before dispatching the goods to the Buyer. Provisions of Sec. 2119 (1) of the Civil Code do not apply.
Any prospective discounts on the price of goods provided by the Seller to the Buyer cannot be mutually combined.
If it is customary in the course of trade or stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice for the Buyer in respect of payments made under the Purchase Contract. The Seller is not a taxpayer regarding the value-added tax. The tax document – invoice shall be issued by the Seller for the Buyer after payment, from the Purchase Contract for the delivery of perishable goods as well as the goods that have been irreversibly mixed with other goods after the delivery, from the Purchase Contract for the delivery of goods in closed packaging, removed by the consumer from that packaging, which cannot be returned for hygienic reasons, and from the Purchase Contract for the delivery of a sound or video record or a computer program if their original packaging has been opened.
In accordance with §1829 (1), Civil Code, the Buyer is entitled to withdraw from the Purchase Contract within 14 (fourteen) days of receipt of the goods, whereas this period runs from the date of the last delivery of the goods if the subject of the Purchase Contract includes several types of goods or the delivery of several parts. The withdrawal from the Purchase Contract must be sent to the Seller within the time limit specified in the previous sentence. For the purpose of the withdrawal from the Purchase Contract, the Buyer may use the model form provided by the Seller, which forms an annex to the Commercial Terms. Inter alia, the withdrawal from the Purchase Contract may be sent by the Buyer to the address of the Seller’s place of business or to the Seller’s electronic address at .
In the event of withdrawal from the Purchase Contract, the goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the Purchase Contract by the Buyer. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned via a normal postal manner due to their nature.
In the event of withdrawal from the Purchase Contract under the Commercial Terms, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Contract by the Buyer, in the same manner in which the Seller has received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer already upon returning the goods by the Buyer or otherwise if the Buyer agrees to do so without any additional costs incurred to the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or shows that the goods have been dispatched to the Seller.
The warranty period applicable to the purchased goods is 2 years.
The Seller is entitled to unilaterally set off the claim for compensation of damage to the goods against the Buyer’s claim for a payback of the purchase price.
The Seller is entitled to withdraw from the Purchase Contract at any time until receipt of the goods by the Buyer. In such a case, the Seller shall return the purchase price to the Buyer without undue delay by cashless transfer to an account specified by the Buyer.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a subsequent condition that the gift agreement ceases to have effect regarding the gift if the Buyer withdraws from the Purchase Contract and the Buyer is obliged to return the gift provided together with the goods to the Seller.
IV. TRANSPORT AND SUPPLY OF GOODS
If the mode of transport is agreed upon according to a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If, according to the Purchase Contract, the Seller is obliged to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If, for reasons on the part of the Buyer, the goods must be delivered repeatedly or in a manner other than stated in the Order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with the alternative method of delivery.
Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of such defects without undue delay. In the event of damage to the packaging indicating unauthorized entry into the consignment, the Buyer is not required to take over the consignment from the carrier.
Other rights and obligations of parties in the transportation of goods may be adjusted by Seller’s special delivery terms if issued by the Seller.
V. RIGHTS OF FAULTY PERFORMANCE
The rights and obligations of contracting parties with regard to rights of faulty performance are governed by applicable generally binding legal regulations (especially the provisions of Sec.1914 to Sec.1925, Sec. 2099 to Sec. 2117 and Sec. 2161 to Sec. 2174 of the Civil Code).
The Seller bears responsibility toward the Buyer that the goods is free from defects upon receipt.
In particular, the Seller is responsible toward the Buyer that at the time when the goods are taken over by the Buyer:
the goods have properties that the parties have negotiated and, if such an arrangement is missing, have properties that the Seller or the manufacturer has described or which the Buyer has expected with regard to the nature of the goods and the advertising they make, fit for the purpose indicated by the Seller regarding their use or the purpose for which the goods of this type are normally used, correspond to the agreed sample or model in their quality or workmanship if this quality or workmanship has been determined according to the agreed sample or model, are in the appropriate quantity, degree or weight; and the goods comply with legal requirements.
The provisions set forth in the Commercial Terms shall not apply to the goods sold at a lower price due to defects for which the lower price has been agreed, and to wear and tear of the goods caused by their normal use; in any used goods, they shall not apply to defects corresponding to the measure of their use or wear and tear upon the receipt by the Buyer or if it results from the nature of the goods.
Rights of faulty performance are claimed by the Buyer at the Seller at the address of Seller’s plant where the acceptance of the claim is possible with regard to the range of goods sold, eventually even at the Seller’s registered office or place of business. The moment of lodging the claim is considered the moment when the Seller received the goods claimed from the Buyer.
Other rights and obligations of the parties related to the Seller’s liability for defects may be regulated by the Seller’s claim rules.
VI. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of Sec. 1826 (1) e) of the Civil Code.
The Seller handles out-of-court consumer complaints via the electronic address . Information on handling the Buyer’ complaint will be sent to the Buyer’s Electronic Address.
The Seller is authorized to sell the goods on the basis of a trade license. Trade inspections are carried out by the relevant Trade Licensing Office within the scope of its competence. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection, among other things and within a specified scope, exercises the supervision over the observance of Act No. 634/1992 Coll., on consumer protection, as amended.
The Buyer hereby takes on the risk of changing circumstances in accordance with Sec.1765 (2) of the Civil Code.
VII. PERSONAL DATA PROTECTION
Protection of the personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the personal data protection, as amended. The Buyer agrees to process these personal data: name and surname, home address/business address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as “Personal Data”).
The Buyer agrees to the processing of his/her personal data by the Seller for the purpose of realizing the rights and obligations arising from the Purchase Contract and for the purpose of maintaining the user account. If the Buyer does not choose another option, he/she agrees with the processing of personal data by the Seller also for the purposes of sending information and commercial announcements to the Buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself preclude the possibility of concluding the Purchase Contract.
The Seller may assign a third party, the processor, for processing the Buyer’s personal data. In addition to persons transporting the goods, the Seller will not pass the personal data to any third parties without the Buyer’s prior consent.
Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner. The Buyer confirms that the personal data provided are accurate and that he/she has been advised that the provision of personal data is voluntary.
In the event that the Buyer considers that the Seller or the processor carries out the processing of his/her personal data in contradiction with the protection of the Buyer’s private and personal life or contrary to law, especially if the personal data are inaccurate with regard to the purpose of their processing, the Buyer may:
ask the Seller or the processor for an explanation,
require the Seller or the processor to remove the resulting condition.
If the Buyer asks for information about the processing of his/her personal data, the Seller is obliged to provide this information to the Buyer. For the provision of information under the previous sentence, the Seller is entitled to request reasonable compensation not exceeding the costs necessary to provide the information.
VIII. SENDING OF COMMERCIAL ANNOUNCEMENTS AND STORAGE OF COOKIES
The Buyer agrees to the sending of information related to the Seller’s goods, services or business to the Buyer’s Electronic Address, and also agrees to the sending of commercial announcements to the Buyer’s Electronic Address.
The Buyer agrees to the storage of the so-called cookies on his/her computer. If the purchase on the website can be realized and the Seller’s obligations under the Purchase Contract can be fulfilled without storing the so-called cookies on the Buyer’s computer, the Buyer may withdraw the consent under the previous sentence at any time.
IX. DELIVERY OF NOTICES
Notices for the Buyer may be delivered to the Buyer’s Electronic Address.
X. FINAL PROVISIONS
If the relationship based on the Purchase Contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
If any provision of the Commercial Terms is or becomes invalid or ineffective, such provisions will be replaced with provisions whose meaning will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
The Purchase Contract including the Commercial Terms is archived by the Seller in electronic form and is not accessible.
A sample form for the withdrawal from the Purchase Contract is annexed to these Commercial Terms.
Seller’s contact details:
Antonín Sláčík, Horní Počaply 146, Horní Počaply, 27703, Czech Republic. Mail address , phone +420 603 820 764.
In Prague, 2.4.2021