BUSINESS TERMS AND CONDITIONS
for sale of goods through an online store located at www.coloresmexico.cz and www.coloresmexico.eu
1. Introductory provisions
1.1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") of the entrepreneur Marie Říhová, registered at the address Na strži 1204/41, 14000 Praha 4, Czech Republic, identification number: 87197979, registered in the Trade Register kept at Prague 4, No. P4/130360/16/OŽ/VES (hereinafter referred to as the "Seller"), in accordance with the provisions of § 1751, section 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code") regulate the rights and obligations of the contractual parties established on the basis of the "Purchase Agreement". The purchase agreement is concluded between the Seller and another individual (the "Buyer") through the Seller's Internet Store. The e-shop is operated by the seller on the website located at www.coloresmexico.eu and www.coloresmexico.cz (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the store").
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 who acts when ordering 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 these business 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 prepared in the Czech language or English language. The purchase contract can be concluded in the Czech or English 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"). 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 / her 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, especially if the buyer does not use his user account for more than 2 years, or if the buyer breaches 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 Seller, maintenance of hardware and software of third parties.
3. Concluding the Purchase Agreement
3.1. All the presentation of the goods placed in the web interface of the store is 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. Goods prices are quoted including value added tax and all related fees. 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 goods listed in the web interface of the shop is different within the territory of the Czech Republic, the Slovak Republic and other EU and non-EU countries.
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:
3.4.1. ordered goods (the buyer "put" the ordered goods 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, details of the required delivery method of ordered goods and
3.4.3. 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 order will be sent by the buyer to the seller by clicking the "Finish order" button. The data listed in the order they are deemed correct by the seller. 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 account 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 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.
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using remote means of communication in connection with the conclusion of a purchase contract (costs of Internet connection, telephone call costs) are borne by the buyer himself, which does not differ from the basic rate.
4. Cost of goods and payment terms
4.1. The price of the goods is given in the Czech crowns. For payments from abroad from a currency other than the Czech crown, the price of the goods will be transferred on the basis of the terms of the payment gate or buyer's bank. The buyer may pay the buyer the following goods in the following manner:
- in cash during personal meetings with the possibility to see and buy the goods in person or upon telephonic agreement in Prague (or in Central Bohemia region);
- in cash or by debit card on delivery via the transportation company PPL at the place specified by the buyer in the order;
- in cash on delivery at the local Czech Post office according to the place specified by the buyer in the order;
- non-cash to the seller's bank account;
- through the PayPal payment gateway. The buyer does not pay any fees for using this service. In case of conversion of currencies, the PayPal payment gateway may use its own conditions for this currency conversion.
For the concrete conditions for payment of the goods, please see the section "How to buy in the eshop".
4.2. Together with the purchase price, the buyer is also required to pay the seller the cost of delivering the goods at the agreed rate. The packing price is already included in the price of the product. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. The seller does not ask the buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of the purchase contract being concluded.
4.5. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.6. The seller is entitled to claim the full purchase price before the goods are dispatched to the buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. The seller shall issue a tax document - invoice to the buyer in respect of the payments made under the purchase contract. The seller is not a taxpayer of value added tax. Tax document - the invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer notes that, according to the provisions of § 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.
5.2. If the case is not referred to in Article 5.1 of the Commercial Terms and Conditions or in another case when the contract of sale can not be withdrawn, the Buyer shall withdraw the right to withdraw from the Purchase Contract in accordance with § 1829 (1) of the Civil Code, within 14 days from the date of receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the purchase contract, 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 may use the model form provided by the seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract can be sent by the buyer to the e-mail address of the seller by contact.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of the Business Terms, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the seller within 14 days of receipt of the withdrawal from the sales 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.
5.4. In the case of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions of Sale, the Seller shall return the funds received from the Buyer within 14 days from returning of the goods by the buyer in the same manner as the seller has accepted the payment from the Buyer. The seller is also entitled to return the payment provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring 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.
5.5. The Seller is entitled to indemnify unilaterally the Buyer's claim for a refund of the purchase price if there was caused damage on the goods from the side of Buyer.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829, section (1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time until the buyer takes over the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, through the bank transfer to the buyer's account.
5.7. 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 gift provided by the Seller.
6. Carriage and delivery of goods
6.1. If the mode of transport is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods at the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not obliged to take delivery of the consignment from the carrier.
6.5. Further rights and obligations in the carriage of the goods may ensue from the seller's special delivery terms, if issued by the Seller. For the concrete conditions for delivering of the goods, please see the section "How to buy in the eshop".
7.1. The rights and obligations of the parties regarding defective performance are governed by applicable generally binding legal regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and the Consumer Protection Act No. 634/1992 Coll. as amended).
7.2. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. 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 was made,
7.2.2. the goods are fit for the purpose which the seller indicates or to which goods of this type are normally used,
7.2.3. 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,
7.2.4. the goods are in the appropriate quantity, degree or weight and
7.2.5. the goods comply with legal requirements.
7.3. The provisions of Article 7.2 of the Business Terms and Conditions do 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 the goods due to its normal use, or if it results from the nature of the goods.
7.4. If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of the takeover.
7.5. Rights to defective performance are claimed by the buyer at the Seller´s registered office or place of business, where acceptance of the claim is possible with regard to the type of goods sold.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's claim rules.
8. Other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. 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.
8.3. Consumer complaints are handled by the seller through the email address listed in the contacts. Information about dealing with the complaint of the Buyer will be sent by the Seller to the buyer's electronic address.
8.4. The Czech Commercial Inspection, with the registered office at Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for out-of-court settlement of consumer disputes. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr, can be used to resolve disputes between the seller and the buyer from the sales contract.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Internet address: https://www.evropskyspotrebitel.cz is the focal point of the European Parliament and of the Council (EU) no. 524/2013 from 21 May 2013 for the consumer dispute resolution online and on the amendment of the regulation (EC) No. 2006/2004 and Directive 2009/22 / EC (Consumer Dispute Resolution on - line).
8.6. The seller is authorized to sell the goods on the basis of a trade license (živnostenské oprávnění in Czech). The trade license control 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.
8.7. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9.1. The protection of the personal data of the Buyer is provided in accordance with Article 28 of Regulation (EU) No 2016/679 of the European Parliament and of the Council concerning the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing the Directive 95/46 / EC (hereinafter referred to as "GDPR").
9.2. For the purpose of business activity, namely the conclusion of a business contract (ie according to the Commercial Code by accepting an order), this customer data is processed and recorded in accordance with Act No. 234/2004 Coll. on VAT, No. 586/1992 Coll. on Income Tax and No. 563/1991 Coll. about accounting.
- name and surname
- mailing address
- ID and VAT number for businesspersons
- billing address for individuals businesspersons
The data are recorded in the eshop database and in the
seller's accounting software for the following purposes: order, purchase
without registration, registration, invoicing
Archiving time: 10 years
9.3. For the purposes of marketing, the following customer data are processed and recorded.
For the purpose of submitting the Newsletter, the data is processed and recorded by explicit consent to the newsletter.
- name and surname
Publication of references: subject to explicit consent from the customer
9.4. The customer is entitled to require from the seller the following:
- Acknowledgment of the processing of personal data
- Personal data corrections: can be done personally in on-line form
- deletion if the retention of personal data does not establish valid legislation
- the transfer of personal data to another entity
9.5. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
9.6. The seller may assign a third party as a processor of the buyer's personal data. In this case, the seller concludes a contract for the protection of personal data with the third person.
9.7. Personal data will be processed for as long as is necessary in view of the applicable legislation and the legitimate interest of the seller. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
9.8. 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.
10. Sending business messages and storing cookies
10.1. Buyer agrees to be sent 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.
10.2. 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.
11.1. The buyer may be delivered messages to the email address listed in his user account or specified by the buyer in the order.
12. Final Provisions
12.1. 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.
12.2. By choosing the right under Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to him by provisions of the legal order which can not be derogated from and which would otherwise apply in the absence of choice of law under Article 6 (1) of the European Parliament Council Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3. 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 does not exempt from validity of the other provisions.
12.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.5. The Attachment on Business Terms and Conditions is a sample withdrawal form from the sales contract.
12.6. Contact details of the seller: delivery address Marie Říhová, Na strži 1204/41, 140 00 Praha 4, Czech Republic e-mail address firstname.lastname@example.org, phone +420 737 432 448.
Prague, 14 June 2018
Form for withdrawal from the purchase contract
In accordance with the provisions of § 1829 section (1) of the Civil Code, I hereby withdraw from the purchase contract with the seller Marie Říhová, registered office Na strži 1204/41, 14000 Praha 4, Czech Republic, identification number: 87197979, registered in the Trade Register kept at the Municipal part of Prague 4 No. P4 / 130360/16 / OŽ / VES (the "Seller") made on the basis of my order
I request the refund of the financial amount paid in accordance with the contract on
bank account No. ..................................... or PayPal account: ...................................
I am aware that the goods must be returned to the seller within fourteen (14) days of withdrawal and that the amount of money for the purchase of the goods will be returned upon return of the goods to the address Na strži 1204/41, 14000 Praha 4, Czech Republic.
At day ............... .....
Name and surname: ........................................
Email address: .......................................
Mobile phone: ..........................................