TERMS OF TRADE

Terms & Conditions

1. Seller’s contact information:

Name: Martina Dudkova
Place of business: Mozartova 942/10, 150 00 Prague 5,  Czech republic
ID no.: 74088335
Registered in the commercial register at the municipal court in Prague, Czech republic under the urban brand. For the sale of goods through the online store  www.andelskasvickarna.cz. The seller is VAT unregistered.
Contact: Martina Dudkova
Phone: + 420 773 949 721
Email: martina@andelskasvickarna.cz
Contact address: Mozartova 942/10, 150 00 Prague 5,  Czech republic
The seller undertakes to respond to email correspondence from the purchaser shall, without delay, at the latest within two working days.

2. Information:

Information about the item and the price quoted by the seller are binding apart an obvious error.
Prices of goods are listed next to each item on the online shop, including VAT in an amount of the current legislation, apart from delivery costs.
Information about the accepted payment methods are listed here. The seller does not require any fees depending on the payment method.
An receive of the offer with the addition or deviaton is not considered as an acceptance of the offer.
A confirmation of the content of a contract concluded in other than written form, which shows the deviations from the agreed contract, has no legal effects.
An unsolicited takeover of performance by the buyer does not imply an acceptance of the offer.
Photos on the website correspond to the goods being sold in the store.

General requirements


By submitting a binding order, the buyer confirms that he is familiar with these terms and conditions as well as the complaint procedure, and that he agrees with them. The buyer is also adequately informed prior to sending the order about the possibility to get acquainted with the terms and conditions and complaint procedure.

 

Orders

To order goods from the e-shop interface of the shop, the buyer fills in the order form, which contains particular information, such as/namely:

-the ordered goods (the buyer “inserts” items in the electronic shopping cart e-shop)

-the payment method of the purchase price of the goods, information on the desired shipment method of the goods the buyer ordered,

-information on the costs associated with the delivery of the goods.

The buyer’s order carried out by emailing us at obchod (at) andelskekoralky.cz must contain at least the following particulars:

the indication of the buyer indication

-his REGISTRATION NUMBER (VAT REGISTRATION NUMBER, if he is registered as a VAT payer), as regards an entrepreneur

-a valid email address

-type of a product (goods), which uniquely identifies the subject of the order, referenced in the vendor’s price list

-the quantity of units of the item [the total amount of ordered items]

-the exact location for delivery of the goods

-Select the shipping method and the payment method of the purchase price for the goods.

Before submitting the order through the e-shop to the seller, the buyer is enabled to check and modify the data of the order and to detect and correct mistakes made when entering data into the order.

The data provided in the order are considered to be correct by the seller. The seller confirms the order right after having received the order by emailing the buyer at the email he provided in the user interface or in the order (hereinafter referred to as “buyer’s email address”).

The orders of goods made by email are processed no later than the next working day, and then the order summary including the total cost of the goods ordered, shipping method and payment including their costs is sent to the buyer. The sales contract is concluded at the moment of confirmation of an order summary sent to the seller by the buyer.

The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in written form or by phone), depending on the nature of the order (such as the quantity of the goods, the amount of the purchase price, estimated shipping costs).
The sales contract between the two parties is formed by accepting a complete order by the seller, unless otherwise indicated above or unless something else from the binding legal regulations. The seller will inform the buyer about any rejections of the order or reservations and propose next steps. A factual fulfilment by the seller can be considered as the acceptance of the order.

Payment methods

The purchase price of the goods as well as all the related costs can be paid in full extent in the premises of the seller in cash, by cash on delivery at the place of delivery of goods through the haulage contractor, or by remitting the purchase price to the seller’s account under the appropriate variable symbol that identifies the payment.

3. Delivery of goods:

The seller delivers the goods to the buyer complete, not later than 5 days from the confirmation of the order, if the particular items do not state a different time limit for their delivery. If an item is listed as “in stock”, the seller sends the goods not later than two working days. The buyer is obliged to take and pay for it. The buyer is advised to get the goods on receipt of the charges as soon as possible.

The seller sends all documents for goods, particularly a tax receipt/certificate, to the buyer immediately once the buyer received the goods, at the latest within two days after the consumer has received the goods.

By request, the seller will confirm in written form to what extent and for how long his obligations arising from defective performance last and how the buyer may redeem the rights from them.

The seller ensures the transport to the designated address on the territory of the Czech Republic. The cost of the transport of the goods varies according to the selected mode of transport. The buyer chooses a specific mode of delivery chosen, the current price of transportation is listed while ordering on the website http://www.andelskekoralky.cz in the “shopping cart”, and also in terms of delivery below.

Price and delivery method

The price of transport incl. the packing charges within the Czech Republic:

–    courier service DPD – 96 CZK incl. VAT (when you order over 1.200 CZK, shipping is free)

–   Personal acceptance – free of charge: Mozartova st. 942/10, 150 00 Prague 5, Czech Republic

If the seller fails to meet the deadline for delivery or dispatch of the goods, the buyer shall provide a discount of 20 % off the next purchase. Other claims of the purchaser are not affected.

When taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in case of any defects he immediately notifies the carrier of that. In the case of violation of the reunion package indicative of intrusion to the package, the buyer needs not take the shipment from the carrier. By signing the delivery note, the buyer confirms that the packaging containing the goods was intact.

If the buyer does not take the goods at the agreed time by violating his obligations, the buyer is obliged to pay a fee in the amount of CZK 100,-. After the buyer has been provably notified by an email and given a new delivery time, the seller will sell the goods in a proper way. The seller is entitled to include the costs of storage and delivery of an abortive delivery caused by a lack of cooperation on the part of the buyer in a necessary amount into the proceeds from the sale against the purchaser.

Taking delivery of the goods personally

The item is reserved for a period of 10 working days from the date of order for a customer in the premises of the seller.

Unless otherwise agreed, in case the buyer fails to take delivery of the goods within this period, the contract will be automatically terminated by applying an expiry terms. The customer is entitled to examine the goods at the premises of the seller prior to the conclusion of a sale contract.

4.Order cancellation and withdrawal from the sale contract

The buyer may withdraw from the sale contract within 30 days from the date of taking delivery of the goods, or the last part of the shipment, regardless of the delivery method and the payment chosen.

That period is intended to inform the buyer about the nature, characteristics and functioning of the goods in an adequate extent.

The buyer is entitled to withdraw from the sale contract at any time prior to the delivery of the goods.

The buyer will send or submit his withdrawal from the sale contract to the seller within 30 days. The buyer does not have to state his reason for his withdrawing from the sale contract. To make the communication easy, it is appropriate to give the date of a purchase or sales document/contract number, bank details and the way of returning the goods in the withdrawal.

The seller is obliged to refund the seller the amount corresponding to the full price of the goods and the costs paid for their delivery within 14 days of withdrawal from the contract in the same way as was the payment method. If the seller offers more options within a particular mode of delivery of the goods, the buyer is obliged to replace the cheapest one. At the latest in the same period, the buyer is obliged to send or hand over the purchased goods to the seller. The goods should be returned to the seller (c.o.d.) full, preferably in the original packaging, and it must not show signs of wear or damage. The cost of returning the goods shall be covered by the buyer.

If the buyer returns the goods in person in the seller’s business premises, the seller will refund the payment mentioned above within 7 days of the withdrawal to the buyer.

If the returned goods is damaged by the violation of obligations of the buyer, the seller is entitled to make a claim to compensation from the purchaser for a reduction in value of the goods and set off to the refund.

Exceptions: right of withdrawal from the sales contract cannot be applied to contracts for the supply of digital content, if it is not delivered on a tangible medium, or to contracts for a service provision, in both cases under the condition that meeting was with the previous explicit consent of the buyer before the expiry of the deadline for withdrawal from the contract;

Furthermore, to contracts for the supply of services or goods (incl. alcoholic beverages), whose price depends on fluctuations in the financial market independently of the will of the seller; to contracts for delivery of goods by the consumer or a modified wish for his person and to contracts on goods subject to perish, to items that have been permanently smíseno with other goods or exempt from the closed packaging and for hygiene reasons, cannot be returned; to the supply of audio or video recordings or computer programs, if the buyer had breached their original packaging; to the supply of newspapers, magazines or other periodicals; to contracts for accommodation, transport, catering or leisure time provided in the specified term or for contracts concluded on the basis of a public auction in accordance with the law governing public auctions.

The online withdrawal form is available here [link].

5. The rights and obligations arising from defective performance

 

Quality during taking delivery

If taken goods has deficiencies (e.g. it does not have the expected or agreed properties, it does not fit the usual or the agreed purpose, it is incomplete, it does not match its quantity, measure, weight, or quality or it does not match other regulatory, contractual or pre-contractual parameters), it concerns defects of the goods for which the seller is responsible.

The buyer may make from the seller a claim to removal of defects free of charge or to an adequate price reduction within two years from taking delivery; If the nature of the defect is not disproportionate (in particular, if the defect cannot be eliminated without any delay), a claim to delivering a new item without defects or a new component without defects can be claimed if only the component is defective.

If the repair or replacement of the goods is not possible, the buyer may request a full refund.

Within six months of taking delivery, it is assumed that the defect of the goods existed already upon the delivery.

The seller is not obliged to satisfy the buyer’s claim if he proves that the buyer knew about the defect before the takover or that he was responsible for the defect.

In case of used goods, the seller is not responsible for defects corresponding to the degree of wear and tear. For items being sold at a lower price, the seller is not responsible for the defect for which the lower price has been agreed. Instead of an exchange right, the purchaser has the right to a reasonable discount in these cases.

Defective Products Rights

The seller is responsible for defects that occurred after the takeover in the 24-month warranty period or during serviceability specified in the advertisement, on the packaging or in the attached instructions.

Within this period, the buyer may make a claim, and concerning the defect that means a substantial breach of the contract of purchase (irrespective of whether the defect is removable or irremovable), he can request according to his choice:

  • Removal of the defect by delivering new goods without defect or by supplying the missing item;
  • Free repair of defects;
  • a reasonable price reduction;
  • a full refund of the purchase price following withdrawal from the contract.

The breach of the contract is substantial, if the party breaching the contract already knew about it or knew that the other party would not conclude the contract if it were familiar with the breaching of contract.

In case of a defect that implies an insignificant breach of contract (regardless of whether the defect is removable or irremovable), the buyer is entitled to remove the defect or to get a reasonable price reduction.

If a removable defect occurred repeatedly after the repair (third complaint for the same defect or the fourth one for different defects) or if the goods have more defects (at least three defects at the same time), the buyer can make a claim to a price reduction, an exchange of goods or to ithdrawal.

Seller is not responsible for defects resulting from normal wear and tear or failure to follow the instructions for use.

6. COMPLAINT SETTLEMENT

The buyer is obliged to make a claim to a complaint from the seller or a person designated for a repair without any delay from the moment when any imperfection was found. If he will do so in electronic form, he should include his contact information, description of the defect, and a demand for a way of a settlement of a complaint. Download the complaint form here.

The buyer is obliged to inform the seller which right he chose when announcing the defect or right after that without any delay. The change of the option without the seller’s agreement is possible only if the buyer asked for fixing the defect which turns to be irremovable.

If the buyer chooses the right of a substantial breach of the contract on time, he has rights as in case of unsubstantial breach of the contract.

The buyer is obliged to prove the purchase of goods (for instance with a receipt). The deadline period for settlement of the complaint runs from handover/the day of delivery to the seller’s place or to the place designated for repair. During transport, goods should be packed in an appropriate package to avoid its damage, and it is supposed to be clean and complete.

The seller has to decide the complaint without any delay at least within three working days, or to decide that an expert assessment is needed to make the decision. The buyer will be informed about the need of an expert assessment within this period. The seller will execute the complaint including removal of defects without any delay at least within 14 days from its application, if the seller agrees with the buyer on a longer period. After this deadline, the buyer has the same rights as in the case of a substantial breach of the contract.

If the seller refuses to remove the defect, the purchaser can request a reasonable discount or to withdraw from the contract.

The warranty period can be extended by the period of time from making a claim to its handling or to the time when the buyer was obliged to take over the goods. If there is an exchange of goods or of its part, the seller’s responsibility will be employed as in the case of buying a new item or its part.

If it is not possible to track the status of the settlement of a complaint online, the seller undertakes to inform the buyer about the it according to his request on e-mail or by SMS message.

In the case of a legitimate claim, the purchaser is entitled to be refunded the functional expense.

7. PERSONAL DATA PROTECTION

The buyer agrees the personal data are processed and kept in accordance with the Personal Data Protection Act no. 101/2000 Coll. by the seller for the purpose of fulfilling the contract. The buyer has a right to be informed about what his data are kept by the seller, and he is entitled to change these data or to express a disagreement in written form for processing these data. The authority for personal data protection is The Office for Personal Data Protection.

The seller contracts not to provide the purchaser’s personal data to any third parties except a haulage contractor for the purpose of the delivery of the goods.

The seller allows the purchase without a registration, while the data of unregistered purchasers will be used exclusively for of fulfilling the contract, not for marketing or commercial purposes.

The seller is entitled to send the buyer a private commercial communication if only the buyer actively requests it, and only until the buyer informs the seller that he wants to terminate the commercial communication.

The buyer  can provide this information on the electronic address obtained in connection with fulfilling the contract, without incurring any costs.

8. SOLVING DISPUTES

Mutual disputes between the seller and the buyer are solved by common courts of law.

According to Consumer Protection Act no.  634/1992 Coll., The buyer, who is a consumer, has the right to have an out-of-court settlement of a consumer’s dispute within the sales contract or the contract for rendition of services.

The entity that is entitled to solve an out-of-court settlement is The Czech Trade Inspection Authority. For more information, see http://www.coi.cz/en/.

An out-of-court settlement is conducted exclusively on the proposal of the consumer, and only in case the dispute failed to be solved directly. A motion can be filed by one year after date when the consumer set up his claim, which is the subject of the dispute, for the first time by the seller.

The consumer has the right to conduct an out-of-court settlement online via the platform of ODR available at ec.europa.eu/consumers/odr/.

The seller is obliged to strive for an out-of-court settlement preferentially, if the buyer does not reject it. An out-of-court settlement can be conducted by the service of VašeStížnosti.cz on www.vasestiznosti.cz, as well.

These steps are not a mediation according to Mediation Act no. 202/2012 Coll., as amended, nor arbitral procedure according to Arbitration Act no. 216/1996 Coll., as amended, and by employing it, authorization of the parties to turn to the Czech Trade Inspection Authority or the Court with their claims.

During an out-of-court settlement no statute of limitation or repose is released according to the Civil Code, until one of the parties rejects to continue in the settlement.

The meeting of all the obligations according to Consumer Protection Act no. 634/1992 Coll., as amended, is under the supervision of the Czech Trade Inspection Authority.

9. OTHERS

For the purpose of these conditions, the buyer is understood as a consumer, who is a person that does not act under conduct of his business nor within his separate profession, unlike the seller.

For the purpose of these conditions, the seller is understood as a businessman, who does act under conduct of his business or within his separate profession, unlike the buyer.

Other affairs not stated here follow the Civil code (Act no. 98/2012 Coll.), Consumer Protection Act (Act no. 634/1992 Coll.), and by other regulations, as amended by later legislation.

The contract and questions regarding it follow the Czech legal system.

Any changes these general terms and conditions in other than a two-way written form are impossible.