1. INTRODUCTORY PROVISIONS
1.1. These Terms of Business (hereinafter referred to as the "Terms of Business") apply to the purchase at www.partyvkrabici.cz
The operator of the internet store Partyvkrabici.cz is GREAT BUSINESS s.r.o., Žerotínovo nám. 641/15, 750 02 Přerov I-Město, IČ: 036 13 062, DIČ: CZ 036 13 062 (hereinafter referred to as the "Seller").
The terms and conditions specify and specify the rights and obligations of the seller and the buyer. All contractual relationships are concluded in accordance with the legal order of the Czech Republic. These Terms and Conditions govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., The Civil Code ("the Civil Code"), the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter referred to as " purchase contract ") concluded between the seller and another natural person (the" buyer ") via the seller's internet shop. The online shop is operated by the seller on a web site located at www.partyvkrabici.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the shop").
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal entity or person acting on the order of the goods in the course of their business or in their independent pursuit of their profession.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. USER ACCOUNT
2.1. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. The seller may cancel the user account at any time, especially if the buyer violates his obligations under the sales contract (including business terms).
2.6. The buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, necessary maintenance of hardware and software of third parties.
3. ORDERING GOODS AND CLOSING THE BUYER'S CONTRACT
3.1. All presentations of goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The store's web interface contains information about the merchandise, including the prices of individual goods. Product prices are final. Product prices remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms.
3.3. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the buyer completes the order form in the web interface of the store.
The order form contains, in particular, information about:
a) ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
(b) the method of payment of the purchase price of the goods, details of the required method of delivery of ordered goods, and
(c) information on the costs associated with the supply of goods (collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed 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 details given in the order are by the seller considered as correct. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.6. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.7. The buyer can also place an order via e-mail, telephone, personally or in any other appropriate form under the conditions presented on the web interface.
3.8. 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 e-mail address.
3.9. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. WITHDRAWAL FROM THE BUYER'S CONTRACT
4.1. The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's or his person's wish, from the purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it can not be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program, original packaging.
4.2. If this is not the case mentioned in Article 4.1. or in another case where the buyer can not withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code within 14 (fourteen) days of receipt of the goods, and if the subject of the purchase the contract is several types of goods or the delivery of several parts, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the seller within the time limit specified in the previous sentence. In order to withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an attachment to the business terms received by the e-mail, or an electronic form. The buyer may also withdraw from the sales contract to the seller's e-mail address email@example.com.
4.3. In the event of withdrawal from the Purchase Contract in accordance with Article 4.2 of the Business Terms, the Purchase Contract is canceled from the outset. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract to the seller. 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 can not be returned by their normal postal route.
4.4. In the event of withdrawal under Article 4.2. the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as Seller has accepted from the Purchaser. The seller is also entitled to return the purchases provided by the buyer upon return of the goods to the buyer or otherwise, provided the buyer agrees and does not incur additional costs 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 entrepreneur.
4.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price.
4.6. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, without charge, to the account specified by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller provided gift.
5. TRANSPORT AND SUPPLY OF GOODS
5.1 Transport and Payment Terms
The transport price is governed by a valid price list published on the website of the seller.
5.2 Insurance of consignments
All shipments are insured at the appropriate rate, so if the package comes damaged, do not pick up the package and inform us that the package has not arrived. Please also let us know immediately that the package has not been delivered to you at all.
The goods can be collected at Šišma 36, Šišma, 751 11, only after prior arrangement.
Once the goods are ready for subscription, we will inform you by phone or by e-mail about the possibility of taking delivery.
5.4 Payment method
The payment details will arrive after you place your order on the email address you entered. We ship the goods as soon as possible after receiving the payment, depending on the delivery time. The delivery time is defined from an immediate mission to three weeks. Depending on the availability of the goods.
b) Cash on delivery
b) Cash at take-over at Šisma 36, Šisma, 751 11.
5.5 Delivery time
Shipments are dispatched within three days of receipt of the payment / if the goods are in stock and have no longer available time, the expected availability is given for each product /.
If you are not in stock please contact us and we will let you know when it will be available.
6. RIGHTS OF FAULT FULFILLMENT
6.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
6.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller replies to the buyer that at the time the buyer took over the goods:
6.2.1. the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the seller or the manufacturer has described or which the buyer expects with regard to the nature of the goods and the advertising they make,
6.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
6.2.3. the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original,
6.2.4. the goods are in the appropriate quantity, degree or weight and
6.2.5. goods comply with legal requirements.
6.3. The provisions of Article 6.2 of the Business Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed for the wear and tear of goods caused by their normal use, buyer, or if it results from the nature of the goods.
6.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
6.5. Rights of defective performance are exercised by the buyer at the seller's address at his premises, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business. The moment when the claim is made is the moment when the seller received the goods claimed from the buyer.
6.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
6.7. No consumer rights can be applied to gifts that are provided entirely free of charge. Such goods meet the terms of the Gift Agreement and all the standards according to the valid legislation of the Czech Republic
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of § 1826 (1) e) the Civil Code.
7.3. Out-of-court complaint handling of consumers is ensured by the seller via the electronic address firstname.lastname@example.org. Buyer information will be sent to the buyer's electronic address.
7.4. The seller is authorized to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
7.5. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
8. PROTECTION OF PERSONAL DATA
8.1. Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
8.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "personal data").
8.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of maintaining the User Account. If the buyer does not choose another option, he agrees with the processing of personal data by the seller also for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
8.4. The buyer acknowledges that he is required to report his or her personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully.
8.5. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
8.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
8.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
8.8. Should the buyer believe that the seller or processor (Article 8.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if the personal data are inaccurate with regard to for the purpose of their processing, may:
8.8.1. ask the seller or processor for an explanation,
8.8.2. require the seller or processor to remove the resulting condition.
8.9. If the buyer asks for information on the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the preceding clause to request reasonable compensation not exceeding the costs necessary to provide the information.
9. SENDING BUSINESS DOCUMENTS AND STORAGE COOKIES
9.1. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
9.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website is possible and the seller's obligations under the purchase contract are fulfilled without the so-called cookies being stored on the purchaser's computer, the buyer may withdraw the consent under the previous sentence at any time.
10. FINAL PROVISIONS
10.1. If a relationship based on a sales 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 under generally binding legal regulations.
10.2. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
10.3. Please note that web site information is partially taken over from third parties, may contain material and technical inaccuracies or typographical errors and may be updated without prior notice. Vendor may at any time without prior notice change the products and services described on his site and do not guarantee the accuracy of the facts their content.
10.4. The cost of using telecommunica- tions remotely (telephone, internet, etc.) for the execution of the order is in the normal amount, depending on the tariff of the telecommunications services used by the buyer. These costs are covered by the buyer himself.
10.5. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
10.6. Contact details of the seller: mail delivery address, personal subscription - Lenka Krystkova, Šišma 36, 751 11 e-mail address - email@example.com, phone +420 774 621 789.
In Přerov on 16.4.2016.