1. INTRODUCTORY PROVISIONS
The online shop at the address (hereinafter referred to as "internet shop") is operated by Osičková Ludmila on Vožická 232, Načeradec 25708 , IČO: 47058307 , (hereinafter referred to as "seller" or "operator"),bank connection CSOB Pribram, account : 279715985/0300
The buyer is every visitor to an online shop, regardless of whether they are acting as a consumer or as an entrepreneur (hereinafter referred to as the "buyer").
The consumer is the purchaser of a natural person who, when concluding and performing the contract, does not act in the course of his commercial or other business activity (the consumer).
The trader is a buyer who is not a consumer.
Any person who enters into contracts in connection with his own commercial, production or similar activities or in the independent exercise of his profession, or a person who acts in the name or on behalf of the entrepreneur (hereinafter referred to as the entrepreneur), shall also be regarded as an entrepreneur.
Terms and conditions
These General Terms and Conditions (hereinafter referred to as the ‘Commercial Terms’) govern the reciprocal rights and obligations of the Contracting Parties arising in connection with or on the basis of a sales contract concluded between the Seller and the Purchaser through an online shop (hereinafter referred to as the ‘Commercial Agreement’).
Terms and conditions are an integral part of the sales contract. Unless a derogating arrangement is expressly provided for in the sales contract or its annexes, or the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the sales contract or other express arrangement between the seller and the buyer, these Terms and Conditions shall apply to the mutual relations of the Contracting Parties.
The seller's legal relations with the buyer, not expressly governed by these general terms and conditions, are governed by the relevant provisions of Act No. 89/2012 Coll., Civil Code. At the same time, the seller's legal relations with the consumer are governed by Act No. 634/1992 Coll., on consumer protection, as amended.
2. CLOSING THE BUY TREATY, METHOD OF TRANSPORT AND PAYMENT
Goods offered through the website of an online shop are offers of goods that are merely informative. The offer of goods shall not be regarded as a proposal to supply goods within the meaning of § 1732(8) of the Treaty. 2 of the Civil Code and the operator is not obliged to conclude a purchase agreement for the goods offered.
The order can be made by the buyer using the form on the website of the online shop. When creating an order using the form, the buyer first selects the goods he is interested in. After selecting the quantity requested, the mode of transport and the method of payment,
the buyer confirms his order, thereby submitting a binding proposal for the conclusion of a purchase agreement between the buyer and the operator. By sending the order, the buyer confirms that he has read these terms and conditions and agrees with them in their entirety.
Conclusion of the purchase agreement
The operator undertakes to accept the buyer's draft purchase agreement (order), unless such proposal conflicts with the commercial terms and conditions and the operator has specific reason to believe that the buyer will violate the purchase agreement. The operator shall acknowledge receipt of the proposal by means of a message to the buyer's e-mail address.
The contractual relationship between the operator and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the operator to the buyer at the electronic address indicated in the order.
Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase agreement (e.g. the cost of internet connection or the cost of telephone calls) are borne by the buyer himself
Mode of transport
Unless otherwise agreed in the sales contract, the method of delivery of the goods is determined by the seller. Where the mode of transport is agreed upon at the request of the purchaser, the purchaser shall bear the risk associated with that mode of transport, including any additional costs for the mode of transport chosen.
The operator undertakes to inform the buyer of the dispatch of the goods to the e-mail address indicated by the buyer when the order was placed.
Sending the ordered goods means sending them to the address indicated by the buyers when creating the order. The operator reserves the right to add the cost of sending the goods to the price of the order according to the current price list of the carrier.
In the case of sending goods abroad, the operator reserves the right to add additional transport costs to the standard transport price.
Czech Post - package in hand price 140,- CZK incl.VAT, delivery time 1-4 days Czech Republic, 1-2 weeks Europe
Czech Post - registered letter 90,- CZK incl.VAT delivery time 1-4 days Czech Republic , 1-2 weeks Europe
PPL 110,- CZK incl.VAT delivery time 2 days Czech Republic, world and Europe according to PPL conditions Personal takeover at the premises Moje rukavice. The final price of the shipment can vary and is set during the order process.
The operator offers a choice of the following payment methods: bank transfer upon completion of the order or via PayPal.
When choosing to pay by bank transfer, the buyer pays the price of the order before processing it into the seller's bank account within three days at the latest. To process the order, payment must be made under a variable symbol, which is the order number and which the buyer receives when completing the order. In the case of payment for goods by bank transfer, the purchase price shall be deemed to have been paid on the date on which the corresponding amount was credited to the seller's account.
When choosing a PayPal payment, the buyer will be redirected to a third party server upon completion of the order, where they will be prompted to log into their PayPal account. After verifying the validity and sufficient balance on the PayPal account, the order will be confirmed and the purchase price deducted from the PayPal account of the buyer.
All changes, including price changes in the online store, are reserved. The price is valid at the time of ordering.
Prices of the offered goods are shown with VAT
Under the Act on the Record of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the receipts with the tax administrator online; in case of technical failure, no later than 48 hours.
The buyer agrees to issue the receipt in electronic form.
Types of payments: Bank transfer, Payment gateway via ČSOB, PayPal. All payment methods referred to above have their duration of transfer of funds under the terms of the payment institutions (ČSOB, PayPal) Transfer prices are charged according to the applicable scales of ČSOB banka and PayPal.
Rights and obligations arising from the conclusion of a sales contract
The operator is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to accept the goods and pay the purchase price.
In the event of a breach by the buyer of the terms of the sales contract or the commercial terms, the operator reserves the right to withdraw from the sales contract. In this case, the buyer is obliged to pay the operator all the costs associated with his order, in particular the costs of sending the goods if the buyer does not take them over.
In particular, the buyer is obliged to provide correct and true information when ordering goods. The information necessary for the conclusion of the purchase agreement indicated by the buyer is considered correct by the seller.
The Seller is not bound by any codes of conduct within the meaning of Paragraph 1826(2) in relation to the Purchaser. 1(e) of the Civil Code.
The buyer thereby assumes the risk of a change in circumstances within the meaning of Paragraph 1765(2) of the Rules of Procedure. 2 of the Civil Code.
All communications from the Seller may be delivered to the Purchaser at the electronic address indicated in his user account or by the Purchaser in the order.
The consumer cannot withdraw from the contract
the provision of services if they have been fulfilled with his prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that he has no right of withdrawal in such a case;
the supply of goods or services the price of which depends on financial market variations irrespective of the wishes of the trader and which may occur during the withdrawal period;
the supply of alcoholic beverages which may be delivered after 30 days and the price of which depends on financial market variations independent of the will of the trader;
the supply of goods which have been prepared according to the consumer's wishes or for his person;
the supply of perishable goods as well as goods which have been irrevocably mixed with other goods after delivery;
repair or maintenance carried out at the place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repair or supply of spare parts other than those requested,
the supply of goods in sealed packaging which the consumer has removed from the packaging and cannot be returned for hygiene reasons;
the supply of an audio or video recording or computer program where it has breached its original packaging;
the supply of newspapers, periodicals or magazines;
accommodation, transport, catering or leisure, where the trader provides these services within a specified period;
concluded by public auction under the law governing public auctions; or
the supply of digital content where it has not been delivered on a tangible medium and has been delivered with the consumer's prior express consent before the expiry of the withdrawal period and the trader has informed the consumer before the conclusion of the contract that he has no right of withdrawal in such a case.
Gift vouchers and discount codes
Unless explicitly stated otherwise by the operator, gift vouchers and discount codes may not be re-applied and may not be combined.
Moreover, discount codes cannot be applied to goods that are already on sale.
In the event of withdrawal from the sales contract for any reason or any other reasonable return of the goods to the buyer of the seller purchased on the basis of a discount code or gift voucher, the buyer shall be entitled to reimbursement of the amount actually paid for the purchase of the goods by money. However, the seller may decide whether and at what value to issue a new discount code to the buyer.
Where a gift voucher or discount code has a limited period of validity, the buyer is only entitled to use the gift voucher or discount code before it expires. The seller does not provide money or any other form of compensation for the unused value of the gift voucher or discount code.
Neither the gift voucher nor the discount code can be exchanged for money. In the event that the purchaser removes the goods at a lower price than the value of the gift voucher or discount code, he is not entitled to receive payment of the value of the gift voucher or discount code or to a new gift voucher or discount code for the remainder of the value of the original claimed gift voucher or discount code.
Where a gift voucher or discount code is invoked in breach of the operator's rules on the use of the gift vouchers and discount codes in question, the operator shall have the right to refuse the gift voucher or discount code thus invoked and to withdraw from the purchase agreement concluded. Where they arise in the interpretation of the rules of ambiguity, their interpretation as determined by the operator applies.
3. Delivery of goods
The operator undertakes to send the goods to the buyer as soon as possible. In case of payment by bank transfer after the order is completed and via PayPal service, the operator sends the goods only after the payment is credited to his bank account. The delivery time, if indicated for the goods, shall be informative and not binding on the operator. The buyer is always informed about the real delivery date in the confirmation mail received after the order is placed.
The operator shall not be liable for damage caused by a delay in the dispatch or delivery of goods for any reason.
Transport, delivery and receipt of goods
The buyer acquires ownership of the purchased goods by taking over. The risk of damage to the goods also passes to the buyer as soon as the goods are taken over.
The proof of purchase of the goods, which indicates the date of sale, the description of the goods, the purchase price and the seller's details will be received by the buyers via e-mail in electronic form.
On receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a finding of a breach of packaging indicative of unauthorised entry into the consignment, it is recommended that the purchaser does not accept the consignment from the carrier and complete the record of the damage to the consignment. By signing the delivery note, the buyer confirms that the packaging of the consignment containing the goods has been intact.
Claims for mechanical damage to goods, non-conforming goods, etc., which were not evident when the shipment was received from the carrier, shall be made by the buyer immediately after their discovery. The operator shall not be liable for damage to the goods resulting from their transport unless the buyer immediately applies such damage in accordance with the previous two points of these (Transport, Delivery and Acceptance of Goods) trading conditions.
Where, for reasons on the part of the purchaser, the goods have to be delivered repeatedly or in a different way than indicated in the order, the purchaser is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with other means of delivery.
4. RIGHT TO WITHDRAW FROM CONTRACT
Withdrawal from Purchase Contract by Buyers
In accordance with Section 1829 et seq. of the Civil Code, if the purchase contract is concluded by means of distance communication (via an online shop), the consumer has the right to withdraw from the contract within 14 days from the date of receipt of the goods without giving any reason and without any penalty. The goods must be complete, undamaged, in their original packaging and without signs of use.
Within the 14-day time limit, goods personalized by leather stamping, monogram stamping, text or made according to the personal requirements of the buyer, who was informed in advance of the resulting product form, cannot be returned. This category includes belts made to the buyer's size outside the size table shown on the belt.
If, within the statutory 14-day period, the consumer notifies the operator that he is withdrawing from the contract, the contract of sale is cancelled from the outset. In order to withdraw from the contract, the consumer may use the purchase certificate received with the purchased goods or this general withdrawal and claim form. The form should at least indicate the name and surname of the buyer, the order number, the goods identification number and the money-back account number.
The withdrawal period within the statutory 14-day period shall be deemed to be maintained if the consumer, during the period, sends notice to the seller that he is withdrawing from the contract.
In the event that the consumer withdraws from the contract of sale, whether within the statutory time limit of 14 days, and the returned goods are incomplete, unpackaged or demonstrably used or damaged, the operator is entitled to compensation from the consumer and is entitled to set off unilaterally against the consumer's claim against the operator for reimbursement of the purchase price. In such a case, the operator shall only refund the reduced purchase price to the consumer.
In case of exercise of the right of withdrawal, the Buyer shall send or hand over to the Seller without undue delay, at the latest within 14 days of withdrawal, the goods received from him, including all his components and accessories.
If the consumer rightly withdraws from the contract of sale, the operator shall be obliged, without undue delay and at the latest within 14 days of the withdrawal, to return all funds, including the cost of delivery of the goods, at the rate corresponding to the cheapest method of delivery offered, in principle in the same way as he accepted them. The seller will only refund the money received to the consumer by other means if the consumer has agreed to do so and if the consumer does not incur additional costs.
If the consumer withdraws from the contract of sale, the operator shall not be obliged to return the money received to the consumer before the consumer has handed over the goods to him or proves that he has dispatched the goods to the operator.
Postage on returned goods is paid by the buyer.
If the buyer withdraws unduly from the purchase agreement and nevertheless sends the goods to the operator, the goods will not be accepted or returned at the consumer's expense.
Withdrawal from the purchase contract by the operator
The operator ensures good market orientation for the goods sold, but exceptionally there may be situations where he will not be able to deliver the goods ordered under the terms agreed in the sales contract. The operator therefore reserves the right to withdraw from the purchase agreement in such cases.
The operator shall also have the right to withdraw from the contract of sale if there have been significant changes in the prices of the supplier of the goods ordered, if there have been significant changes in the prices of the transport of the goods, or if the operator finds that the goods have been offered at the wrong price in error and the buyer has not accepted the relevant change in the contract of sale, i.e. an increase in the price of the goods or an increase in transport costs.
The Buyer acknowledges that the Seller is entitled to withdraw from the Purchase Agreement concluded with the Buyer who, in any of the previous obligations with the Seller, has breached any of his obligations in a material manner. Infringement of a prior obligation in a material manner shall be regarded as conduct within the meaning of Paragraph 2002(2) for the purposes of withdrawal. 2 of the Civil Code.
If the operator withdraws from the purchase agreement, it shall immediately inform the buyer to the e-mail address indicated by the buyer when the order is placed. It is also obliged to return the full purchase price of the goods to the buyer if this has already been paid.
5. WARNING RIGHTS
The rights and obligations of the Contracting Parties in respect of rights arising from defective performance shall be governed by the relevant provisions of general application (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code) and the Consumer Protection Act.
The seller replies to the buyer that the goods are not defective when they are taken over. In particular, the seller replies to the buyer that at the time when the buyer took over the goods:
The consumer is entitled to assert the right due to a defect occurring in the consumer goods within the statutory period of time, i.e. 24 months from receipt. If the goods sold, on their packaging, in the instructions accompanying the goods or in accordance with other legislation indicate the period during which the goods may be used, the legal provisions relating to quality assurance shall apply. If the defect occurs within 6 months of receipt, the goods shall be deemed to have been defective at the time of receipt.
The buyer can claim the rights from the defective performance from the seller at the address of his establishment and he is obliged to inform about this fact in advance via email to email@example.com Together with information about the claimed goods, the buyer is obliged to complete and send a complaint report, The moment when the claim is made shall be deemed to be the moment when the seller received the goods claimed from the buyer.
In exercising the right of defective performance, the buyer is obliged to prove the conclusion of the sales contract. In particular, the operator recommends submitting a certificate of purchase for this purpose.
The buyer has an obligation to accuse the seller of a defect, i.e. to provide a description of the defect of the goods for which he claims it.
The right of defective performance does not belong to the buyer if the buyer knew before taking possession of the item that the item was defective or if the buyer himself caused the defect.
The seller or his agent decides on the consumer's claim immediately, in complex cases within 3 working days. This period shall not include a reasonable period according to the type of goods or service required for the expert assessment of the defect. Complaints from the consumer, including the removal of the defect, shall be dealt with by the seller without undue delay, at the latest within 30 days from the date on which the claim is made, unless the seller agrees with the consumer on a longer period.
If the operator does not reject the claim, the operator shall issue the purchaser with a receipt of the claim, which shall include, inter alia, the identification of the operator and the purchaser, what is the content of the claim according to the purchaser, what manner of handling of the claim the purchaser requests, the date and place of receipt of the claim and the signature of the operator's employee.
The consumer is entitled to reimbursement of the costs effectively incurred in exercising his right from the defective performance.
The fact that the claim has been dealt with and how the operator is obliged to inform the purchaser, to the e-mail address he gave at the time of the claim or through any other contact details, according to which the purchaser can be notified of the handling of the claim. The operator shall indicate in the notification the time limit for picking up the goods claimed.
In the event that the buyer does not collect the reclaimed goods within the time limit set by the operator, the operator shall be entitled to charge an appropriate warehouse or to sell the goods on a self-help basis on behalf of the buyer. The operator must give the purchaser advance notice of this procedure and give the purchaser a reasonable additional period to accept the goods.
The operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property was caused by negligence, omission or intent on the part of the operator.
6. PROTECTION OF PERSONAL DATA
The handling of buyers' personal data is subject to legislation on the protection of personal data, including in particular EU Regulation 2016/679. The operator's registration number with the Office for Personal Data Protection is 00064296.
7. FINAL PROVISIONS
The language of communication between the operator and the buyer and the language of the purchase agreement is Czech. The concluded sales contracts are archived by the operator in electronic form and are not accessible to other persons.
In the event that a provision of these Terms and Conditions is invalid or ineffective for any reason, this does not render the other parts of the Terms and Conditions or the Purchase Agreement null or void.
The wording of the terms and conditions may be amended or supplemented by the operator. The amended terms and conditions shall be effective on the date of their publication. The rights and obligations of the operator and the buyer arising before the entry into force of the new version of the Terms and Conditions shall not be affected by the amendment.
If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
The seller is entitled to sell the goods on the basis of a trade license. The trade inspection is carried out by the competent trade office within its remit. The supervision of the area of personal data protection is exercised by the Office for Personal Data Protection. To a defined extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
The Contracting Parties agree that the courts of the Czech Republic have jurisdiction to settle any disputes between the Operator and the Purchaser. Any disputes between the operator and the consumer may also be settled out of court. In this case, the consumer can contact an out-of-court dispute resolution body, such as the Czech Trade Inspection Authority, or resolve the dispute online through a dedicated ODR platform. More information on out-of-court dispute resolution can be found here. Before proceeding to out-of-court dispute resolution, the operator recommends that the buyer first use the e-mail address firstname.lastname@example.org to resolve the situation.