Business Trade Conditions
These General Trade Conditions (hereinafter referred to as the "Trade Conditions") apply to contracts concluded through the online Drdlik Store located on the web interface www.drdlik.co.uk ("the web interface") between our company as a seller and you as a buyer.
Martin Drdlik, with its registered office at Hamry 72, Hlinsko in the Czech Republic No. 539 01, Czech Republic, ID No. 752 669 62, VAT no CZ7808163495, telephone number: +420 608 872 827, email: email@example.com. The company is registered in the Commercial Register maintained by the Municipal Authority of Hlinsko in the No. 71 paragraph 2 of the Trade Act for the Online Store, located at www.drdlik.co.uk
- INTRODUCTORY PROVISIONS
1.1. These Trade Conditions (hereinafter referred to as the "Trade Conditions") of the company Martin Drdlík, www.drdlik.co.uk with registered office at Hamry 72, Hlinsko in No 539 01, Czech Republic, identification number: 752 669 62, VAT no CZ7808163495, registered in the Commercial Register maintained by the Municipal Authority in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereafter referred to as "the Seller"), in Article 71 (2) of the Trade Licensing Act, (hereinafter referred to as the "Purchase Contract") concluded between the seller and another natural person ("the Buyer") through the seller's internet shop. The online shop is operated by the seller on a web site located at www.drdlik.eu (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the shop")
1.2. Trade conditions 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 diverging from the trade conditions and may be negotiated in the purchase contract. Distinctive arrangements in the purchase contract take precedence over the provisions of the trade conditions.
1.4. Trade conditions are an integral part of the purchase contract. The purchase contract and the trade conditions are in English. The purchase contract can be concluded in both Czech and English.
1.5. The seller may change or add the wording of the trade conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the trade conditions.
- Consumer contract - purchase contract, contract of work or other contracts according to the Civil Code if the parties are on the one hand the consumer and on the other the seller.
- Consumer - is a natural person, who when concluding and fulfilling the contract is not acting in the course of his business or other business or in the independent exercise of his profession.
- Buyer who is not a consumer - is a person, who when concluding and fulfilling the contract acts in the course of his business or other business activity or in the independent exercise of his profession.
1.2 INTRODUCTORY PROVISIONS
We are obligated to deliver you the goods listed in the order and you are obligated to take over the goods (either in person or from the carrier) and pay the purchase price stated in the order. The purchase price (or just the "price") includes the costs associated with the delivery of the goods and any fees related to the chosen payment method. You will always be notified about the amount of these costs and it will be before the order is sent.
You acquire ownership of the goods by paying the entire purchase price, but not before you accept the goods.
1.2.1 Does the purchase contract apply only to goods?
As a Purchase Contract (or "Contract") is meant any contract concluded under these Trade Conditions. It may for example include a service contract.
1.2.2 Is the purchase contract a consumer contract?
The consumer contract can only exist if you are a consumer, i.e. if you are a real person and you buy goods. Otherwise it is not a consumer contract and you are not subject to consumer protection under the laws and these trade conditions but you are subject to the General Trade Conditions. In particular, as a non-consumer you do not have the right to withdraw from the contract without giving a reason.
1.2.3 What special rights do you have as a consumer?
As a consumer you especially have the:
- right to withdraw from a contract concluded with means of distance communication such as telephone, e-mail or internet shop
- right for warranty on unused consumer goods for the period of 24 months (the warranty claim is governed by the Complaints Procedure);
- right to communicate information prior to the conclusion of the contract (information is contained in these trade conditions or on the web interface);
- right to out-of-court solution of a consumer contract dispute
1.2.4 What is the base of our legal relationship?
Our legal relationship is governed by the following documents:
- These trade conditions that define and refine our mutual rights and obligations;
- Complaint procedure according to which we will proceed if claiming goods;
- the terms and conditions stated on the web interface, especially when signing the contract;
- Order and its acceptance by us, and on issues not covered above by the following legislation:
- Act No. 89/2012 Coll., The Civil Code, in its effective form (hereinafter referred to as the "Civil Code");
- Act No. 634/1992 Coll., On Consumer Protection, as amended (only if you are a consumer).
If your home address or residence is outside the Czech Republic or if our legal relationship contains another international element, you acknowledge that our relationship is governed by Czech law. If you are a consumer and the law of your home country provides a higher level of consumer protection than the Czech legal order this higher level of protection is provided to you in legal relationships.
1.2.5 How do you agree to the trade conditions?
By sending an order and confirming in the web interface you confirm that you have become acquainted with and agree to these trade conditions.
We may change or complement the trade conditions. Your rights and obligations are always governed by the trade conditions in which they came into effect.
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 our 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 is 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. Seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year or if the buyer violates his obligations under the purchase contract (including trade conditions).
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 or maintenance of hardware and software of third parties.
CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of the goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for this goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the store contains information about the goods including the indication of the prices of the individual goods and the costs of returning the goods if this goods cannot be returned by their normal postal route. 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 the goods listed in the web interface of the store is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. Ordered goods (ordered goods buyers "put" 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 way of delivery of ordered goods and
3.4.3. Information on the costs associated with the supply of goods (collectively referred to as "the order").
In the case of a price that clearly shows that it is a mistake in writing and numbers, this price is not binding and the purchase contract is not concluded.
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 is sent by the buyer to the seller by clicking on the "buy" button. The seller considers the information given in the order to be correct. Once the seller will receive the order he/she will sent conformation 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 paid by the buyer himself, which does not differ from the basic rate.
3.9. How do we conclude the purchase contract?
The web interface includes a list of goods including a description of the main features of each item. For each item the price includes all taxes, duties and charges. The presentation of the goods is informative, and it is not our proposal to conclude a contract in accordance with Section 1732 (2) of the Civil Code. To sign the contract you must send an order and this order has to be accepted on our side.
3.10. How to place an order?
You can always place the order via the web interface (by completing the form) or by telephone, e-mail or other means according to the current information provided on the web interface.
The order must contain all the information prescribed on the form, in particular the exact indication of the ordered goods (if applicable the number of the goods), the quantity of items, the chosen method of payment and shipping and your contact details (delivery and if applicable invoicing).
Before the order is sent you will be notified of a recapitulation of the order including the final price (depending on the method of transport and payment chosen). We recommend to check especially the type and quantity of goods, e-mail and delivery address. You have the last chance to change the entered data within the recap.
To submit a binding order, press the "Send the Order" button. We consider the information given in the binding order to be correct and complete. If the information changes in any way, please inform us immediately by phone or e-mail.
Once we receive the order you will be sent confirmation. The order receipt information (confirmation) is sent automatically and it does not mean that we have accepted the order from you, unless expressly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of the order we may contact you for verification. We can decline the unverified order. We consider such an order as if it has not been submitted.
3.11. So when is the contract concluded?
The purchase contract is concluded when the receipt of the order is delivered to you. Receipt of your order will be sent to the e-mail address you provided in the order. If the receipt of the order was not delivered to you, the contract is concluded when you pay the full purchase price or take over the ordered goods (whichever comes first). Take over of the goods from the order (acceptance) may be part of the order receipt information according to Article 2.2. of these trade conditions (if expressly stated in the confirmation) or may follow after this confirmation separately.
Information on the individual technical steps leading to the conclusion of the contract are visible from the web interface.
3.12. Can you cancel the order you have already sent?
The order we have not accepted so far (ie we have not sent you the receipt of the order pursuant to Article 2.3 of these Trade Conditions) you can cancel by phone or e-mail. All orders received by us are binding. Later cancellation of the order is possible only after we agree to it. If the order of the goods is canceled in respect of which it is not possible to withdraw from the contract (more details in Article 5) we are entitled to reimbursement of the costs we have already incurred in connection with the contract.
3.13. Can the price listed on the web interface change?
The prices of the goods presented and the packaging, transport and delivery prices remain valid for as long as they are displayed on the web interface. Any discounts on the price of the goods cannot be combined, unless otherwise explicitly stated on the web interface.
In the event that there is a clear technical error on our part of the price of the goods in the web interface or during the ordering process we are not obligated to deliver the goods for this very obviously erroneous price, even if you received an order receipt in accordance of these Trade Conditions. In this case we reserve the right to withdraw from the contract.
If the price listed for the goods in the web interface or during the order is no longer up to date we will immediately notify you of this fact. If your order has not yet been received and submitted, we are not bound to conclude the contract.
The posted order does not affect the price change that occurred between the time of the order and its acceptance by us in accordance with Article 2.3. of these Trade Conditions.
3.14. Can you get a contract in text form?
The contract is not concluded in writing with the signatures of the parties. The contract is made up of these trade conditions, your order and its acceptance by us. The entire contract will be sent to you by e-mail or at your request printed by post. When sending by post we can ask you to cover the costs associated with it.
3.15. What if you do not understand something in the contract?
If you have any questions about the trade conditions or the contract, you can contact us by phone or e-mail. We will be glad to provide you with all the necessary information.
3.16. In which languages can the contract be concluded?
The agreement can be concluded in both Czech and English unless we expressly agree on another language.
3.17. Is the contract stored somewhere?
We archive the contract (including these trade conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you on request. The purchase contract is archived after closing only for the time necessary for its execution during which it is possible to make it available at the written request of the consumer. You can change the order and correct the errors until the goods is forwarded for delivery.
GOODS PRICE AND PAYMENT CONDITIONS
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following manner:
A, in cash at the seller's premises at Martin Drdlik, Sobíňov 245, Sobíňov, 58262, Czech Republic.
B, non-cash transfer to the seller's account in EU currency (€).
Account number: 2701374848/8330, Bank: Fio banka (Slovakia), IBAN: SK4783300000002701374848, BIC / SWIFT: FIOZSKBAXXX
C, non-cash transfer to the seller's account in EU currency (Kč).
Account number: 43-4879300247/0100, Bank: Komerční banka (Czech republic), IBAN: CZ6801000000434879300247, BIC/SWIFT: KOMBCZPPXXX
- Non-cash via the payment system;
- Non-cash by credit card;
- By credit provided by a third party.
4.2. Together with the purchase price the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at agreed rate. Unless otherwise specified the costs associated with the delivery of the goods will be added to the purchase price.
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 Trade conditions 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 a non-cash payment the purchase price is payable within 10 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, in particular in the event that the seller does not receive an additional confirmation of the order (Article 3.6), request the payment of 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 cannot be combined.
4.8. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of 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.
4.9. If the buyer wishes to cancel the order for goods that have been specifically ordered for him, there is the cancellation fee of 50% of the purchase price of the goods witch buyer has to pay to the seller.
Electronic sales records
- Under the Sales Records Act the seller is required to issue a receipt to the buyer. At the same time he is required to register the received revenue with the tax administrator online; in the event of a technical failure within 48 hours at the latest.
- The seller issues receipts in accordance with the Electronic Sales Records Act in electronic form sent by e-mail or in paper form depending on the chosen payment and transport method.
4.10. What types of payment are we accepting?
You can pay the purchase price in the following ways:
- in cash when sending by cash on delivery or by personal collection at our contact address or at partner points of personal collection;
- non-cash before delivery of the goods online by a payment card or through a third-party payment gateway;
- Non-cash before shipping the goods by transferring to our bank account (instructions will be communicated to you in the order confirmation).
Any other forms of payment are listed on the web interface.
Certain methods of payment (in particular cash on delivery) can be additionally charged. These fees are listed on the web interface. The order will always show the final price that includes the fees associated with the payment method you choose.
4.11. When is the purchase price due?
In the case of cash payments the price is payable upon receipt of the goods. In the case of non-cash payment prior to the delivery of the goods the price is payable within five days of receipt of the order under Article 2.3. Your obligation to pay the price is met when we receive a non-cash payment and the correct amount is credited to our bank account.
4.12. In what currency can you pay?
Payment is possible in Czech crowns (CZK) or in euro (EUR).
4.13. When can we require a deposit or advance payment?
We can request a deposit on the purchase price in the case of orders with a total price over CZK 3,000 (115 €).
We are also entitled to ask you to pay the entire price of the goods before they are dispatched or handed over (§ 2119 (1) of the Civil Code does not apply).
PURCHASE CONTRACT WITHDRAWL
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods which has been adjusted according to the buyer's wish or directly ordered for the buyer, from the purchase contract for the delivery of goods that is subject to rapid destruction, goods which after the delivery has been irreversibly mixed with other goods, from the purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging and for hygienic reasons it cannot be returned and from the purchase contract for the delivery of a sound or pictorial recording or a computer program if the original packaging was damaged in any way.
5.2. If it is not the case stated in Article 5.1 of these Trade Conditions or in another case when the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the Purchase Contract in accordance with Section 1829 (1) of the Civil Code, that is up to 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 purchase 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 is attached to these trade conditions. Withdrawal from the purchase contract may be sent by the buyer to the address of the seller's office or to the e-mail address of the seller at firstname.lastname@example.org.
5.3. In the case of withdrawal from the purchase contract according to Art. 5.2 of these trade conditions, the purchase contract is canceled from the beginning. Goods must be returned to the seller by the buyer within 14 days of receipt of the withdrawal from the purchase 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 cannot be returned by their normal postal route.
5.4. In the event of withdrawal from the Purchase contract in accordance with Clause 5.2 of these Trade Conditions, the Seller will return the funds received from the buyer within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller has accepted from the buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the buyer 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 received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the seller.
5.5. The seller has the right to compensation for damage to goods and the seller is entitled to deduct this compensation from the purchase price to be returned to the buyer.
5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of Section 1829 (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 will return the purchase price to the buyer without undue delay, non-cash 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 obligated to return the goods together with the provided gift.
5.1. How can you withdraw from the purchase contract?
You may withdraw from the purchase contract within 14 days of the date of receipt of the goods; if the delivery is divided into several parts than from the date of receipt of the last delivery. You are advised to send a notice of withdrawal from the sales contract to our mailing address or e-mail address. A model form may be used to withdraw from the contract. We will confirm your withdrawal without undue delay.
You do not have to give any reason to withdraw from the purchase contract.
5.2. What are the consequences from the purchase contract withdrawal?
By withdrawing from the contract the contract is canceled from the outset. The contract is then treated as if it had not been concluded at all.
If a gift has been provided in addition with your goods, the gift agreement will be canceled by withdrawal from any of the parties. Please send the gift back along with the returning goods.
5.3. When can’t you withdraw from the contract?
In accordance with Section 1837 of the Civil Code, it is not possible to withdraw from the following contracts:
- the delivery of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery;
- The disposal of the goods in a sealed package that you have removed from the packaging and for hygienic reasons it cannot be returned.
- In other cases specified in § 1837 of the CT.
5.4. How do you return the goods?
You are required to return the goods within 14 days of termination of the contract, to our delivery address, to any facility or address of our registered office. Do not send the goods on cash on delivery. We are not obligated to take over the goods sent on cash on delivery.
Along with the returned goods we recommend to include:
- a copy of the delivery note and invoice, if these documents were issued or another document proving the purchase of the goods;
- a written statement of withdrawal (on our form or otherwise) and the method of refund (transfer to account, personal cash receipt or postal order or otherwise). Enter your delivery address, phone number, and e-mail address.
Failure to submit any of the above documents will not prevent the positive settlement of your withdrawal under the terms of the law.
5.5. When do you get your money back?
We will refund all received funds within 14 days of withdrawal. Please note, however, that we are not obligated to return your money before returning the goods or proving that you have sent us the goods.
In addition to the purchase price, you are also entitled to a refund of the delivery cost to you. However, if you have opted for other than cheapest way of delivering the goods we offer, we will refund you the cost of delivering the goods corresponding to the cheapest way of delivering the goods.
Money will be refunded to you:
- in the same way that we accepted them, or
- in the way you ask for it;
The costs associated with sending the returned goods to our address will be covered by you, even if the goods cannot be returned by its normal postal route.
5.6. What if the returned goods were damaged?
When shipping, pack the goods in a suitable container to avoid damage or destruction. The purchase price and the cost of delivering the goods (or any part thereof corresponding to the damage) cannot be reimbursed for goods damaged or destroyed during transport due to the use of an unsuitable packaging.
If we find that your returned goods is damaged, worn, contaminated or partially consumed, we are entitled to compensation for occurred damages. We may unilaterally indemnify the claim for damages against your claim for a refund of the purchase price and the cost of delivery of the goods, i.e. you will be refunded the amount less the damage incurred.
5.7. When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
- If clearly by a technical mistake there was an incorrect price stated on the web interface. (Article 2.5 of these Trade Conditions);
- goods due to objective reasons (mainly because the goods are no longer produced, the supplier has ceased supplying to the Czech Republic, etc.) cannot be delivered under the original terms;
- performance becomes objectively impossible or against the law;
- You have not settled all your obligations towards us due on the date of the order.
In the event of any of the above, we will promptly inform you of our withdrawal. Withdrawal is effective against you at the time of delivery.
If you have already paid for the goods, in full or in part, we will return the amount you have sent in non-cash to the account you provide us for this purpose or from which you have made the payment. We will refund the money within ten days of withdrawal from the purchase contract.
TRANSPORT AND SUPPLY OF GOODS
6.1. If the way of transportation is agreed upon by a buyer's special request, the buyer bears the risk and any additional costs associated with this way of transportation.
6.2. If the seller is obligated to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obligated 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 obligated 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 obligated 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. Other parties' rights and obligations (special delivery terms) in the delivery of goods may alter the seller's delivery terms if the seller has issued those special delivery terms.
6.6. How do we deliver goods?
The ways of delivering goods are listed on the web interface. You can choose a specific way of delivering goods in your order. If you do not choose any way of transportation, we can choose for you.
We reserve the right, in justified cases, to change your chosen way of delivering your goods, which you will be informed immediately by e-mail. We undertake not to incur any additional costs by changing the delivery method.
6.7. What are the costs of delivering goods?
The cost of delivering goods depends always on the size and nature of the goods and on the pricelist of the selected carrier. Actual costs of delivering goods are listed on the web interface.
The order will always state the final price that already includes the cost of the selected method of transport.
6.8. When will we deliver the goods?
The delivery time of the goods always depends on their availability and on the chosen method of transportation and payment.
The goods that is in stock we normally dispatch within three business days of receipt of the order (upon delivery of the goods by cash on delivery or personal collection) or, as the case may be, from payment to our account (for non-cash payment). These shipping times are only indicative. In cases where the expedition deadline cannot be met for objective reasons, we reserve the right to extend the time limit. In this case we will notify you via e-mail about the change of the expedition timetable.
Goods that is not in stock will be shipped as soon as possible. We will inform you about the exact date.
Delivering goods under these Trade Conditions means the moment when the goods is delivered to you. If you unreasonably refuse to accept the goods, this does not constitute a breach of the obligation to deliver the goods (for us) or to withdraw from your contract (for you).
6.9. How to proceed when picking up goods?
Check the integrity of the packaging upon a delivery of the goods. If you notice any deficiencies, inform the carrier and us immediately. If you refuse to accept a shipment with a damaged packaging, it is not considered to be an unjustified refusal of the goods.
The moment of taking over the goods (or when you were obligated to take over the goods but did not do so contrary to the contract), you are responsible for the accidental destruction, damage or loss of the goods.
6.10. What happens if you do not take over the goods?
If, for your reasons, your goods need to be delivered repeatedly or otherwise than in the agreed manner, you are required to pay the costs of such service.
If you do not take over the goods without valid reason, we are entitled to reimbursement of the costs associated with the delivery of the goods and its storage, as well as other costs incurred by us for non-acceptance of the goods. These costs will not exceed € 5 for each day of storage. The storage costs may reach a maximum of € 20 or the purchase price if it is less than € 20.
We also have the right to withdraw from the contract in such a case.
6.11. What if you do not take over the goods by COD (cash on delivery)?
If the customer orders a payment by COD, which he / she does not collect in spite of the notification from the carrier or the e-shop, he / she is obligated to pay the incurred costs related to the amount of 15 €. These costs will be payable to the account number Fio Banka SK, IBAN: SK4783300000002701374848 under the VS which the customer receives via e-mail. Payment has to be made within 3 business days of receipt of the payment information; otherwise the claim will be handed over to the debt collection company for recovery.
RIGHTS OF FAULT FULFILLMENT
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 Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2158 to 2174 of the Civil Code and Consumer Protection Act 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 liable 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 they make,
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 agreed sample or the original,
7.2.4. The goods is in the appropriate quantity, weight and has correct measurements
7.2.5. Goods comply with legal requirements.
7.3. The provisions of Article 7.2 of these Trade 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 establishment, where acceptance of the claim is possible with regard to the range of goods sold, eventually even at the registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaints procedure.
In the exercise of the rights of defective performance, we will proceed in accordance with our Complaints Procedure. Before submitting your complaint, please make sure you make a thorough acquaintance with the Complaints Procedure so that the complaint can be processed as quickly as possible to your satisfaction.
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 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 electronic address email@example.com. Buyer information will be sent to the buyer's electronic address.
8.4. The Czech Trade 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 at http://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: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 may 2013 (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. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises, among other things, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7 An alternative dispute solution is also available through the on-line form at https://webgate.ec.europa.eu/odr/.
8.8. The buyer hereby takes on the risk of changing circumstances in accordance with Section 1765 (2) of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. Seller processes the buyer's personal data. More information on such processing can be found at www.drdlik.co.uk/Protection of personal data
10.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law.
10.2. By choosing the right under this Article of these Trade Conditions, the consumer is not deprived of the protection afforded to him by provisions of the legal order which cannot be derogated from and which would otherwise apply in the absence of the choice of law under Article 6 (1) of Regulation (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
10.3. In the event that any provision of these Trade Conditions is invalid, ineffective or unenforceable (or becomes), a provision that closes most closely with an invalid, ineffective or unenforceable provision is used instead. The invalidity, ineffectiveness or inapplicability of one provision is without prejudice to the validity of the other provisions. Changing or supplementing a contract (including Trade Conditions) is only possible in writing.
10.4. The Purchase Contract, including the Trade Conditions, is archived by the Seller in electronic form and is not accessible.
10.5. The Attachment on Trade Conditions is a sample form for a withdrawal from the purchase contract.
10.6. What authorizations for performing our business do we have and who controls us?
We are authorized to sell the goods on the basis of a trade license. Our activity is not subject to any other authorization.
The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The Czech Trade Inspection (http://www.coi.cz/) carries out the verification of compliance with the legal requirements concerning technical requirements for goods and goods safety, in the case of foodstuffs, the Czech Agriculture and Food Inspection Authority (http://www.szpi.gov. cz). The Czech Trade Inspection Authority also carries out a review of compliance with consumer protection regulations. Consumers' rights are defended by their interest associations and other entities to protect them.
10.7. How do we handle complaints?
We handle any complaints through our contact e-mail. You can also contact the listed entities. In relation to our customers we are not bound by any code of conduct neither we follow one.
10.8. What are your rights to a consumer dispute?
If you are a consumer and if there is a dispute between us that we will not be able to resolve directly, you have the right to deal with this dispute at the Czech Trade Inspection (http://www.coi.cz/) for out-of-court settlement of the consumer dispute. You may claim this right within one year from the date you first applied to us the right that is the subject of this consumer dispute.
10.9. What else should you know?
When signing the contract, means of distance communication (especially the Internet) are used. Costs incurred when using distance communication devices (especially Internet or telephone costs) are covered by you. These costs do not differ from the standard rate.
Unless otherwise agreed, all correspondence relating to the contract between us shall be in writing, either by e-mail, by registered post or by personal delivery. For our part, we will deliver to you at the email address listed in your order or your user account.
10.10. Contact details of the seller: Delivery address: Martin Drdlik, Sobíňov 245, Sobíňov, 58262, Czech Republic. E-mail address firstname.lastname@example.org, phone +420 608 87 28 27.
The statutory rights of the purchaser are not affected hereby.
This Claims Code comes into effect on 24 May 2019, repealing the previous versions.
This Claims Code is available for reference in the Drdlik central office, shops and websites.
Martin Drdlik, drdlik.co.uk , Czech republic