These terms and conditions govern the relationship between the seller - the company Domanský Ltd. and the buyer.
TERMS AND CONDITIONS
with its registered office at Českobrodská 566, 198 00 Prague 9,
identification number: 629 14 910, VAT number: CZ62914910,
entered in the Commercial Register of the Municipal Court in Prague in Section C, Insert 35498,
for the sale of goods through an online store located at the Internet address https://profimodel.cz/en/
from 1.1. 2022
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "terms and conditions" or "conditions") apply to purchases through the online store www.profimodel.cz (hereinafter "online store"). The conditions further define and specify the rights and obligations of the contracting parties arising in connection with or on the basis of the purchase agreement (hereinafter the "purchase agreement") concluded between the seller and the operator of the online store, which is Domanský sro, with its registered office at Českobrodská 566, 198 00 Prague 9, IČ: 62914910, DIČ: CZ62914910, entered in the Commercial Register in Section C, Insert 35498 at the Municipal Court in Prague (hereinafter referred to as the “seller”) and the buyer - a natural person in the legal status of a consumer (hereinafter referred to as the “buyer”). The internet shop is operated by the seller on the website located at the internet address www.profimodel.cz (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface"). The provisions of these conditions are an integral part of the purchase agreement.
1.2. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the website and other related legal relationships. If the seller offers customers any specific promotion that has or will have its own terms, the terms of such specific promotion take precedence over those terms; however, if any provision of the terms of the event is invalid or unenforceable for any reason, the provisions of those terms will always apply instead of the terms of such action. The promotion may be limited in time or quantity of goods, or it may have other special conditions and restrictions. The seller is entitled to cancel such an action at any time.
1.3. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or natural person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.4. If the buyer is an entity other than the consumer, the relations not regulated by these terms and conditions are governed by the Civil Code, and according to the provisions of § 2158 paragraph 1 of Act No. 89/2021 Coll., Civil Code, as amended (hereinafter "NOZ") it applies that the provisions of Sections 2158 to 2174 of the CCC do not apply.
1.2. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.3. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can only be concluded in the Czech language.
1.4. Other language versions of the Terms are indicative in nature and that only their Czech version, which forms part of the contract, is binding.
1.5. By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, is familiar with their content and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.
1.6. The wording of the terms and 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 on the website, the buyer can access its user interface. From its user interface, the buyer can order goods from the seller's offer (hereinafter referred to as "user account" or "goods"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website 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 upon 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 secured by username and password. 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 buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for a longer period of time, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6. The buyer acknowledges and agrees that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of Section 1732 (2) of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the “Civil Code”), shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store until they are changed by the seller. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. Costs for other countries are displayed after entering the delivery location.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Order" button. The data provided in the order are considered correct by the seller and the seller relies on their accuracy. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The buyer can order the goods in the following ways: orally (in person, by phone), in writing (by e-mail), or in the online store.
3.8. The buyer's order is always a draft purchase agreement. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance by the seller), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.
3.9. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in cash for personal collection of goods, card for personal collection of goods, advance payment card, or cash on delivery during transport service. For other countries outside the Czech Republic, it is only possible to pay in advance: Paypal (payment fee CZK 10 or converted according to the exchange rate), or by credit card (does not apply to Poland).
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.5 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. 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 upon completion of the order. The goods will always be issued / sent only after payment of the purchase price in the case of non-cash payment.
4.5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6.) Or if the seller considers it relevant for other reasons, to demand payment of the full purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.6. Prices are contractual, any discounts on the price of goods provided by the seller to the buyer can not be combined with each other.
4.7. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address or will be part of the sent goods.
4.8. The price of the goods in the stone shop may differ from the price stated in the online store. If the customer requests the price listed on the online store website, it is necessary to place an order on the online store website. After such an order, it is possible to charge the customer the price listed in the online store.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recording or computer program packaging and / or the supply of digital content, if not supplied on a tangible medium.
5.2. If this is not the case referred to in Article 5.1. or in another case specified in the provision of § 1837 of the Civil Code, when it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of goods, in the event that the subject of the purchase contract is several types of goods or the delivery of several parts of the goods, this period shall run from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to the address of the seller's office or to the seller's e-mail address email@example.com.
5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2. terms and conditions, the purchase contract is canceled from the beginning. The goods and everything acquired by the buyer under the purchase agreement must be returned to the seller within fourteen (14) 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 goods to the seller, even if the goods can not be returned due to their nature by regular mail. The goods must be returned undamaged and unworn and, if possible, in the original packaging.
5.4. In case of withdrawal from the contract according to Article 5.2. of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the Buyer, in the same manner as the Seller received them from the Buyer as opposed to the proper return of the Goods. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. 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.
5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return it together and the gift provided.
6. METHOD AND PRICE OF GOODS TRANSPORT, DELIVERY OF GOODS
6.1. The seller usually sends the goods to the buyer within 3-5 working days of order confirmation. The shipping price is calculated in the recapitulation of the order and included in the total value of the invoice. The goods are sent via the transport service PPL, DPD, GLS. Postage and packing depends on the selected country of delivery.
6.2. Alternatively, another method of sending the goods can be agreed individually. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.3. If the seller is obliged under the purchase contract 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 withdraw from the purchase contract.
6.4. 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, respectively. costs associated with another method of delivery.
6.5. 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 case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier.
6.6. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.
6.7. In the case of an order with oversized packaging, the customer will be required to pay a supplement of at least CZK 500 to pay the postage (calculated at the current e-shop exchange rate). If the customer does not agree, the seller is entitled to withdraw from the purchase agreement.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant 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). Unless otherwise stated, the warranty period for consumers is 24 months. For a contracting party that is a legal entity or a natural person doing business, the seller provides a warranty period of 6 months.
7.2. The seller responds to the buyer that the goods are free of defects upon receipt. The invoice for the goods also serves as a guarantee certificate.
7.3. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.3.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,
7.3.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.3.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.3.4. the goods are in the appropriate quantity, measure or weight; and
7.3.5. the goods comply with the requirements of legal regulations.
7.4. Provisions referred to in Article 7.3. of the Terms and Conditions shall not apply to goods sold at a lower price and showing a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, if by the nature of the goods.
7.5. In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to have the seller free of charge and without undue delay to the condition corresponding to the purchase contract, as required the buyer either by exchanging the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the breach of the purchase contract before taking over the thing or caused the breach of the purchase contract himself. A discrepancy with the purchase contract, which manifests itself within six (6) months from the date of taking over the thing, is considered a conflict already existing at the time of taking over, unless it contradicts the nature of the thing or unless proven otherwise.
7.6. The rights arising from defective performance are exercised by the buyer at the seller's address where the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.7. When making a complaint, it is always necessary to state: the nature and nature of the defect, manifestations of the defect, the required method of handling the complaint (choice of claim by the buyer), attach a copy of proof of purchase (or otherwise prove the purchase) and contact the buyer.
7.8. Upon receipt of the complaint, the seller will send the buyer a complaint protocol, which will contain the following information: the date when the buyer exercised the right to make a complaint, what is the content of the complaint, how and when the complaint will be settled.
7.9. The seller tries to handle every complaint without undue delay, but no later than within 30 days. The seller is entitled to agree with the buyer to extend this period. In the case of a justified complaint, the buyer - consumer has the right to reimbursement of costs associated with the complaint (especially postage, which he paid when sending the claimed goods). The buyer - the entrepreneur pays the shipping costs in full.
7.10. If the items are not perishable or used, the seller is liable for defects that appear to be in conflict with the purchase contract after taking over the item during the warranty period (warranty).
7.11. In the case of defective performance, the following is agreed for the buyer-entrepreneur in the event of defective performance: the occurrence of a repairable defect or repairable defects is always considered a minor breach of contract, not a material breach, even if the defect occurs repeatedly. In the event of a material breach of the contract, the buyer-entrepreneur has the right to rectify the defect or a reasonable discount on the purchase price, at the option of the seller; http://profimodel.cz/odstoupeni_od_kupni_smlouvy.pdf
7.12. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods only by paying the full purchase price of the goods.
8.2. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos 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 store.
8.3. The buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative impact on the operation of the web interface of the store. The web interface of the store can 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. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.5. The out-of-court settlement of consumer complaints is provided by the seller via the electronic address firstname.lastname@example.org. The seller will send information about the settlement of the buyer's complaint to the buyer's e-mail address.
8.6. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The issue of personal data, their protection and handling is governed by the purchase agreement and is described in the section Personal data protection. Its obligation to provide information to the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer's personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller's public law obligations. The protection of the buyer's personal data is also provided and regulated by Act No. 110/2019 Coll., On the processing of personal data, as amended.
9.2. The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number and all other data provided in his user account at registration or later during its update (hereinafter collectively referred to as osobní personal data ’).
9.3. The buyer agrees to the processing of personal data by the seller, primarily for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data. How the seller processes the buyer's personal data is described in the section Personal data protection. The Buyer confirms and assures the Seller that the personal data provided relates to his person, is true, correct, current and accurate.
9.5. The seller may authorize a third party to process the buyer's personal data as a processor.
9.6. Personal data will be processed under the conditions specified in the section Personal data protection. 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 he has been informed that this is a voluntary provision of personal data.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The Buyer agrees, in accordance with the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to send information related to goods, services or the seller's company to the buyer's email address or telephone number and further agrees to the sending of business messages by the seller to the buyer's email address or telephone number.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time. The buyer also expressly agrees to the storage of so-called cookies on his computer, and details are given in the section Protection of personal data and cookies.
11.1. It can be delivered to the Buyer to the e-mail address specified in his user account or to the address specified by the Buyer in the order. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, or in person or by registered mail through the postal service provider. It is usually delivered to the buyer to the e-mail address specified in the order.
In the case of delivery by e-mail, the message is considered delivered at the moment of receipt of the message recipient's incoming mail server. A message delivered in person or through a postal service provider is considered received by the addressee accepting the item or by the addressee refusing to accept the item.
12. FINAL PROVISIONS
12.1. If the relationship related to the use of the website or established by the purchase agreement contains an international (foreign) element, then the parties hereby expressly agree that their relationship is always governed by Czech law, regardless of the provisions of conflict of law rules. This does not affect the consumer's rights under generally binding legislation.
12.2. 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. The trade license control is performed by the relevant trade licensing office within its competence. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between seller and buyer. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
12.3. The buyer is not entitled to assign its claim against the seller from the purchase contract to a third party or to set off the receivables without the prior written consent of the seller.
12.4. If any provision of the 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 does not affect the validity of other provisions of the terms and conditions or the purchase contract. Changes and additions to the purchase agreement or business conditions require a written form.
12.5. The purchase contract, including the business conditions, is archived by the seller in electronic form and is not publicly available.
12.6. A sample form for withdrawal from the purchase contract is attached to the terms and conditions.
12.7. Seller's contact details: delivery address Českobrodská 566, 198 00 Prague 9, e-mail address email@example.com or, phone +420 778 779 189.
In Prague on January 1, 2022