1. BASIC PROVISIONS
1.1. These Business Terms and Conditions (hereinafter referred to as the “Business Terms and Conditions”) apply to purchases in the online store operated by Mgr. Jitka Tyburcová (hereinafter referred to as the “Internet Store”). The conditions further define and specify the rights and obligations of the seller, which is the company Mgr. Jitka Tyburcová with its registered office at Straky 59, 417 71Zabrušany; IČO: 04343107 entered in the Commercial Register kept by the City of Teplice and the Buyer (customer, consumer – hereinafter referred to as the “Buyer”) arising in connection with or on the basis of a purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and the Buyer via the Internet Shop.
1.2. The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Internet shop and other related legal relations.
1.3. All contractual relations are concluded in accordance with the law of the Czech Republic. If the other contracting party opposite the Seller is a consumer, ie a person who does not make a purchase within his business activities (hereinafter referred to as the “Consumer”), the relations not regulated by the business conditions are governed by the Civil Code (No. 89/2012 Coll.) And the Protection Act. consumers (No. 634/1992 Coll.). If the contracting party is not the Consumer, but a natural or legal person purchasing within the scope of his business activities (hereinafter referred to as the “Entrepreneur”), relations not regulated by the Terms and Conditions are governed by the Commercial Code (No. 513/1991 Coll.), All as amended.
1.4. Provisions deviating from the Business Conditions can be agreed in the Purchase Agreement. Deviating provisions in the Purchase Agreement take precedence over the provisions of the Business Conditions.
1.5. The provisions of the Business Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and Business Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.6. The wording of the Business Conditions may be changed or supplemented by the Seller. This provision does not affect 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 the Buyer’s registration made in the Online Store, the Buyer may enter its user interface (hereinafter referred to as the “User Account”). From his user account, the Buyer can order goods, view the history of his orders and the settings of the User Account.
2.2. When registering in the Online Store 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 password protected. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User Account and acknowledges that the Seller is not responsible for breach of this obligation by the Buyer.
2.4. The Seller may cancel the user account, especially in the event that the Buyer does not use his user account for more than 12 months, or in the event that the Buyer violates its obligations arising from the Purchase Agreement or the Business Conditions.
2.5. 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.
2.6. Creating a User Account is not a condition for ordering goods on the Online Store, resp. conclusion of a Purchase Agreement with the Seller.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. The web interface of the Internet shop contains a list of goods offered by the Seller for sale, including the prices of individual offered goods. The prices of the offered goods are listed as final. We are not payers of value added tax. The offer for the sale of goods and the prices of these goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the Seller’s ability to enter into a Purchase Agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the Online Store are non-binding and the Seller is not obliged to enter into a purchase agreement regarding these goods.
3.2. The web interface of the Online Store also contains information on the costs associated with the packaging and delivery of goods on the page with the order form. The information on costs associated with the packaging and delivery of goods provided in the web interface of the Online Store is valid only in cases where the goods are delivered within the Czech Republic.
3.3. To order goods, the Buyer fills in the order form in the web interface of the Online Store. The order form contains mainly information about the ordered goods (the ordered goods are “inserted” by the Buyer into the electronic shopping cart of the Internet shop web interface), the method of payment of the purchase price, goods on the required method of delivery of ordered goods and information on costs associated with delivery. as “Order”).
3.4. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer in the Order, also with regard to the Buyer’s ability to detect and correct errors made when entering data into the Order. The Buyer will send the Order to the Seller by clicking on the appropriate button on the page with an overview of the prepared Order. The data listed in the order they are deemed correct by the seller. Immediately after receiving the Order, the Seller will confirm this receipt to the Buyer, immediately in the web interface of the Online Store, and at the same time by e-mail to the Buyer’s e-mail address specified in the Order (hereinafter “Buyer’s e-mail address”).
3.5. Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (for example in writing or by telephone).
3.6. The contractual relationship between the Seller and the Buyer arises from the confirmation of the receipt of the Order by the Seller to the Buyer pursuant to para. 3.4. of these Business Conditions.
3.7. The Buyer acknowledges that the Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously materially breached the Purchase Agreement or the Business Conditions.
3.8. The Buyer agrees to the use of means of distance communication when concluding the Purchase Agreement. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself.
3.9. By sending the Order via the web interface of the Internet shop, the Buyer confirms that he has read the Business Conditions and that he agrees with them. Any modifications to these Business Conditions, the Complaints Procedure or the conditions of the Purchase Agreement by the Buyer must be confirmed by the Seller separately – automatic e-mail confirmations are not considered to be their acceptance by the Seller.
3.10. The Seller reserves the right to cancel or change the Order, resp. The Purchase Contract or its part, if he is unable to procure the required goods in the required quantity or the price of the goods specified by the supplier has changed significantly or has doubts about the credibility of the Buyer or the data specified in the Order and believes that the Buyer’s actions could lead to financial to the detriment of the Seller. In the event that this situation occurs, the Seller will immediately contact the Buyer in order to agree on further action. Any agreed changes in the Order, resp. The purchase contract will be entered by the Seller into the ordering system. In the event that the Buyer incurs any overpayments or arrears with the Seller in this situation, both parties undertake to settle these financial items immediately.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the Purchase Agreement may be paid by the Buyer to the Seller in the ways specified by the Seller on the web interface of the Online Store on the page with the order form.
4.2. The purchase price includes packaging.
4.3. In the case of payment in cash or in the case of payment 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 14 days of concluding the Purchase Agreement.
4.4. In the case of non-cash payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Buyer’s obligation to pay the Purchase Price is fulfilled when the relevant amount is credited to the Seller’s account.
4.5. The Seller is entitled to demand payment of the full purchase price before sending the goods to the Buyer.
4.6. The tax document – invoice will be issued and sent by the Seller to the Buyer electronically by email.
5. CONSUMER’S RIGHT OF WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. Article 5. of these Business Conditions applies only to the Purchase Agreement concluded between the Seller and the Buyer, who is a Consumer.
5.2. Buyer – The consumer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter the “Civil Code”), it is not possible to withdraw from the Purchase Contract for the supply of goods adjusted according to the Buyer’s wishes, as well as perishable goods.
5.3. If this is not the case referred to in para. 5.2. of these Business Conditions or in another case where it is not possible to withdraw from the Purchase Agreement, the Buyer has in accordance with the provisions of § 53 par. 7 of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods. Withdrawal from the Purchase Agreement must be demonstrably delivered to the Seller within fourteen (14) days of receipt of the goods, to the Seller’s delivery address specified in the web interface of the Online Store, especially on the website Contacts or to the Seller’s e-mail address listed there.
5.4. In the event of withdrawal from the Purchase Agreement pursuant to para. 5.3. of these Business Conditions, the Purchase Agreement is canceled from the beginning. The goods must be returned to the Seller within 3 working days of sending the withdrawal from the contract to the Seller, to the delivery address of the Seller specified in the web interface of the Online Store, especially on the page Contacts .
5.5. Within twenty (20) days from the return of the goods by the Buyer according to par. 5.4. of these Business Conditions, the Seller is entitled to inspect the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.6. In the event of withdrawal from the Purchase Agreement pursuant to para. 5.3. of these Business Conditions, the Seller shall return the purchase price to the Buyer no later than ten (10) days from the end of the period for examination of goods pursuant to para. 5.5. of these Business Conditions, non-cash to a bank account designated by the Buyer. The Seller is also entitled to return the purchase price in cash when returning the goods to the Buyer.
5.7. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, including the original packaging, the Seller is entitled to compensation for the damage caused to the Buyer, resp. the right to reimbursement of costs incurred with the return of the goods or their packaging to their original condition. The Seller is entitled to unilaterally set off such a claim against the Buyer’s right to a refund of the purchase price.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. The method of delivery of goods is chosen by the Buyer via the order form of the web interface of the Internet shop. In the event that the mode of transport is contracted on the basis of the Buyer’s request outside the standard methods offered by the Seller in the web interface of the Online Store on the order form page, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the Purchase Agreement, the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods upon delivery, the Seller is entitled to demand payment of costs associated with storage, or return the shipment back to the Seller, and is also entitled to withdraw from the Purchase Agreement.
6.3. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in another way than stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another method of delivery.
6.4. Upon receipt 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 immediately notify the carrier. In the event of finding a violation of the packaging indicating unauthorized entry into the shipment, the Buyer does not have to take over the shipment from the carrier. By signing the delivery note, the Buyer confirms that the consignment of goods met all the conditions and requirements and that any subsequent claims regarding breach of the packaging of the consignment cannot be taken into account.
6.5. The ordered goods are shipped by the seller by courier no later than the day following payment for the order. Goods sent by the Czech Post are shipped twice a week, usually on Tuesdays and Fridays. In the event that the goods should be shipped more than five working days from the receipt of the order by the seller, the seller undertakes to notify the buyer of the expected delivery date.
6.6. The Seller undertakes to reserve the ordered goods for the Buyer for a period of 14 days from the receipt of the Order, unless the Buyer agrees otherwise with the Seller. If the order is not paid for or the goods are not picked up within this period, the Seller will offer the ordered goods for resale.
7. PROTECTION OF PERSONAL DATA
The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller.
Identification and contact details of the administrator
Company / Name and surname: Mgr. Jitka Tyburcová
Registered seat / Residence: Straky 59, 417 71 Zabrušany
ID: 043 43 107
Telephone Number: +420 728 673 585 (Rudolf Tyburec)
Purpose of processing, scope of personal data and legal basis for processing
The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, securing removal and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store in accordance with Regulation (EU) / EU. 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number.
The legal basis for the processing of personal data is in accordance with Article 6 (2). 1 letter b) GDPR performance of the contract to which the buyer is a party.
Categories of recipients / recipients of personal data
The administrator undertakes not to provide the buyer’s personal data to entities other than the following processors:
The list of carriers is available to the contractual carrier, which the buyer chooses in the order form, for the purpose of delivery of goods, and the data will be provided to the following extent: name, surname, address, e-mail, telephone number.
Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or for the duration of the contractual guarantee.
The Buyer acknowledges that according to § 31 of the Accounting Act (No. 593/1991 Coll.) The administrator is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods in during 2018, the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal data: name, surname and address.
FOR VAT PAYERS:
The Buyer also acknowledges that according to § 35 of the Value Added Tax Act (No. 235/2004 Coll.), The administrator is obliged to keep tax documents for a period of 10 years from the end of the tax period in which the performance took place (ie if you buy goods during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address.
Buyer’s rights in relation to personal data
The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR, he has the right to:
(a) access to personal data consisting of the right to obtain confirmation from the controller as to whether or not personal data concerning him are being processed and, if so, the right to access such personal data and the information defined in Article 15 GDPR;
b) for the correction of inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;
c) for deletion (“right to be forgotten”), which consists in the controller deleting without undue delay personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legal reason for their further processing ;
(d) restrictions on the processing of personal data in the cases defined in Article 18 of the GDPR;
(e) the portability of data under the terms of Article 20 of the GDPR;
(f) object to the processing of personal data pursuant to Article 21 of the GDPR.
Upon request, the administrator shall provide the buyer with information on the measures taken in any case no later than 20 days from the receipt of the request.
In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area, and file a complaint.
The seller will allow the purchase without registration, while using the data of unregistered buyers exclusively for the performance of the subject of the contract, not for marketing or business purposes.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components forming the web interface of the Online Store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the Online Store.
8.3. The Buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the Internet shop, which could have a negative effect on the operation of the web interface of the Internet shop. The web interface of the Internet Store may be used only to the extent that is not to the detriment of the rights of other customers of the Seller and which is in accordance with its purpose.
8.4. The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of the provisions of § 53a par. 1 of the Civil Code.
8.5. The Buyer acknowledges that the Seller is not liable for errors caused by third party interventions in the web interface of the Online Store or as a result of its use contrary to its purpose.
9. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL MESSAGES
9.1. The protection of personal data of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, delivery address, identification number, tax identification number, e-mail address and telephone number (hereinafter collectively referred to as “Personal Data”).
9.3. The Buyer agrees to the processing of Personal Data by the Seller, for the purposes of exercising the rights and obligations arising from the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller.
9.4. The Buyer acknowledges that he is obliged to state his Personal Data (during registration, in his user account, during the Order made from the web interface of the Internet shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his Personal Data.
9.5. The Seller may authorize a third party as a processor to process the Buyer’s Personal Data. Apart from the persons transporting the goods, the Personal Data will not be passed on to third parties by the Seller without the prior consent of the Buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the provided Personal Data is accurate and that he has been informed that this is a voluntary provision of Personal Data. The Buyer declares that he has been informed that the consent to the processing of Personal Data may be revoked in relation to the Seller by a written notice delivered to the Seller’s delivery address specified in the web interface of the Online Store, especially on Contacts .
9.8. In the event that the Buyer believes that the Seller or the processor (according to paragraph 9.5.) Performs the processing of his Personal Data, which is in conflict with the protection of private and personal life of the Buyer or in violation of the law, especially if the Personal Data is inaccurate with regard to the purpose of their processing, it may ask the Seller or processor for an explanation or request that the Seller or processor eliminate the situation thus created. In particular, it may be a matter of blocking, repairing, supplementing or disposing of Personal Data. If the Buyer’s request is found to be justified according to the previous sentence, the Seller or the processor shall immediately remove the defective condition. If the Seller or the processor does not comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer’s right to contact the Office for Personal Data Protection directly with his complaint.
9.9. If the Buyer requests information about the processing of his Personal Data, the Seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
9.10. The Buyer agrees to the sending of information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the Electronic Address of the Buyer.
10.1. Unless otherwise agreed, all correspondence related to the Purchase Agreement must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account.
10.2. The message is delivered: in the case of delivery by e-mail at the moment of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate, in case of delivery in person or through the postal service provider by taking over the consignment by the addressee, in case of delivery in person or through the postal service provider also by refusing to accept the consignment if the addressee refuses to accept the item, in the case of delivery via the postal service provider after ten (10) days from the deposit of the item and giving the addressee an invitation to accept the deposited item, if the item is deposited with the postal service provider, even if the addressee the deposit did not learn.
11. FINAL PROVISIONS
11.1. If the relationship related to the use of the web interface of the Internet shop or the legal relationship established by the Purchase Agreement 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.
11.2. The Seller is entitled to sell goods on the basis of a trade license and the Seller’s activities are not subject to any other permit. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office.
11.3. If any provision of these Terms and Conditions is or becomes invalid or ineffective, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the Purchase Agreement or the Business Conditions require a written form.
11.4. The Purchase Agreement, including the Business Conditions, is archived by the Seller in electronic form and is accessible.
11.5. All invoicing, delivery and contact details of the Seller are listed in the web interface of the Online Store, especially on the page Contacts .
11.6. These Terms and Conditions are valid and effective from 1. January 2020. Previous Business Conditions are archived by the Seller.