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These General Business Conditions for Consumers (hereinafter referred to as the “Business Conditions”) apply to the contracts made through the online shop DÍLY NA KOTLE located in the web interface www.dilynakotle.cz (hereinafter referred to as the “web interface”) between
DÍLYNAKOTLE s.r.o., registered office Dubenec 134, 544 55
VAT ID: CZ01814842
registered: in the Commercial Register kept by the Regional Court in Hradec Králové, section C, file 32377
mailing address: Dílynakotle s.r.o., Dubenec 134, 544 55, Dubenec
telephone number: 494 900 158
contact email: email@example.com
By the purchase contract, we undertake to deliver to you the goods specified in the order and you undertake to take delivery of the goods (either in person or from the transporter) and to pay us the purchase price (hereinafter also referred to as the “price”), including the costs associated with the goods delivery and any fees associated with the selected method of payment, as stated in the order.
The ownership of the goods is transferred to you upon payment of the full purchase price, but not before you take delivery of the goods.
1.1. Does a purchase contract relate only to goods?
Any contract made under these Business Conditions is referred to herein as a purchase contract (hereinafter also referred to as a “contract”). So, it may also mean a contract for the provision of services.
1.2. Is a purchase contract a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and buy the goods outside the scope of your business activity or outside the scope of independent exercise of your profession. If this is not the case, the contract is not a consumer contract, and you are not covered by the consumer protection under legal regulations and under these Business Conditions; instead, the General Business Conditions for Entrepreneurs and Legal Entities apply to you. In particular, as a non-consumer you do not have the right to withdraw from the contract without giving the reason.
1.3. What special rights do you have as a consumer?
As a consumer, you have the following rights, in particular:
- the right to withdraw from the contract made by means of remote communication, such as telephone, email or internet shop (article 5 of these Business Conditions);
- the right under the goods warranty, the conditions and exercise of which are governed by the Complaints Procedure Rules for Consumers (hereinafter referred to as the “Complaints Procedure Rules”);
- the right to obtain information before making the contract (the information is contained in these Business Conditions and in the web interface);
- the right to out-of-court settlement of a consumer dispute arisen from a contract (article 7.3 of these Business Conditions).
1.4. What is our legal relationship governed by?
Our legal relationship is governed by the following documents:
- these Business Conditions, which define and specify our mutual rights and obligations;
- the Complaints Procedure Rules to be followed by us when handling complaints about goods;
- the Conditions of Use of the Web Interface, which regulate registration in the web interface, protection of your personal data, protection of the contents of the web interface and certain other relationships related to the use of the web interface;
- the conditions and instructions stated in the web interface especially when making a contract;
- order and its acceptance by us,
and, in matters not regulated herein, it is also governed by the following legal regulations:
- Act No. 89/2012 Sb. (of the Collection of Laws of the Czech Republic), Civil Code, as amended (hereinafter referred to as the “Civil Code”);
- Consumer Protection Act No. 634/1992 Sb., as amended (only if you are a consumer).
If your residence or registered office is located outside the Czech Republic or if our legal relationship involves an international element, you take note that our relationship is governed by the Czech law. If you are a consumer and the laws of the state of your residence provide a higher level of consumer protection than the Czech laws, such higher level of protection applies to you in legal relationships.
1.5. How to express consent to the Business Conditions?
By sending an order and also by confirmation in the web interface, you confirm that you have acquainted yourself with these Business Conditions and accept them.
We may change or amend the wording of the Business Conditions. Your rights and obligations are always governed by the Business Conditions in the wording effective at the time when they arose.
2. PURCHASE CONTRACT
2.1. How do we make a purchase contract?
In the web interface there is a list of goods including a description of the main characteristics of each item. Each item description is accompanied by the price including all the taxes, duties and charges. The presentation of the goods is purely informative and does not constitute our proposal to make a contract within the meaning of Section 1732(2) of the Civil Code. In order to make a contract, you must send an order and the order must be accepted by us.
2.2. How to place an order?
You may always place an order through the web interface (by filling out the form) or via email or in another manner we allow according to the up-to-date information stated in the web interface.
An order must contain all information prescribed in the form, in particular a precise specification of the goods being ordered (or the code numbers of the goods), the number of pieces, the selected method of payment and transport and your contact details (delivery details and, where applicable, invoicing details).
Before sending a binding order, you will be provided with a summary of the order including the final price (depending on the selected method of transport and payment). We recommend that you check the kind and quantity of the goods, and the email and mailing address, in particular. In the summary you have the last chance to change the entered details.
A binding order is placed by clicking the button “Confirm the order”. The details stated in a binding order are deemed to be accurate and complete. Any change of such details must be reported to us immediately by phone or via email.
We will inform you that we have received your order. Information (confirmation) about the receipt of the order is sent automatically and does not mean that we accept the order, unless this is expressly stated in the confirmation.
If we have any doubts about the authenticity and seriousness of your order, we may contact you in order to verify it. We may refuse an unverified order. Such an order is deemed not to have been placed.
2.3. When a contract is made?
A purchase contract is made at the moment when you receive information that we accept your order. The order acceptance notice will be sent to your email address stated in the order. If no order acceptance takes place, the contract is made at the moment when you pay the full purchase price or take delivery of the ordered goods (whichever occurs earlier). Order acceptance may be part of the information about the order receipt according to article 2.2 of these conditions (if expressly stated in the confirmation) or may form a separate notice following such confirmation.
Information about all the technical steps leading to making the contract is obvious from the web interface.
2.4. Can you cancel an order that has already been sent?
Where an order has not yet been accepted by us (i.e. we have not yet sent you the order acceptance notice under article 2.3 of these Business Conditions), you may cancel the order by phone or via email. All orders accepted by us are binding. Any later cancellation of an order is only possible by agreement with us. If an order of goods is cancelled in this way where it is not possible to withdraw from the contract (for more details see article 5), we are entitled to be compensated for the costs we have already spent in connection with the contract.
2.5. May the price stated in the web interface change?
The prices of the displayed goods and the prices for packing, transport and delivery are in effect throughout the time when they are displayed in the web interface. Discounts on the prices of goods cannot be combined, unless expressly stated otherwise in the web interface.
If there was an absolutely clear technical error on our part concerning the price of the goods displayed in the web interface or in the course of ordering, we are not obliged to deliver the goods to you for such a clearly wrong price, even if you were sent an order acceptance notice under these Business Conditions. In such case we reserve the right to withdraw from the contract.
If the price stated for the goods in the web interface or in the course or ordering is no longer valid, we will inform you about such fact. If your order has not yet been accepted, we are not obliged to make the contract.
Any change in the price taking place at the time between sending the order by you and accepting the order by us under article 2.3 of these Business Conditions does not have any effect on the orders already placed.
2.6. In what languages a contract may be made?
A contract may be made in Czech language, unless we expressly agree on a different language.
2.7. Is it possible for you to obtain the contract in writing?
A contract is not made in writing with signatures of the contracting parties. A contract consists of these Business Conditions, your order and order acceptance by us. The whole contract will be sent to you via email or, at your request, a printed copy of the contract will be sent by post. If sent by post, we can ask you to pay the costs associated with the sending.
2.8. Is the contract archived somewhere?
We archive the contract (including these Business Conditions) in electronic form. The contract is not accessible to any third parties, but we will send it to you at your request.
2.9. What if you do not understand something in the contract?
If you have any question concerning the Business Conditions or contract, you can contact us by phone or via email. We will be happy to provide you with any required information.
3.1. What kinds of payments do we accept?
You may pay the purchase price by the following methods, in particular:
- in cash if the goods are sent COD (i.e. cash on delivery) or collected in person;
- by a cashless payment with a payment card online before the goods delivery.
Any other methods of payments are stated in the web interface.
Certain methods of payment (cash on delivery, in particular) may be subject to further charge. The charges are stated in the web interface. The order will always state the final price which already includes the charges associated with the selected method of payment.
3.2. When will the purchase price be due?
Where the goods are paid for in cash, the price is due at the moment of the goods handover. Where a cashless payment is made before the goods delivery, the price is due within five days from the acceptance of the order under article 2.3. Where a cashless payment is made, your obligation to pay the price is fulfilled at the moment when the amount of the price is credited to our bank account.
3.3. What currencies may be used for the payment?
You may pay for the goods in Czech crowns (CZK) or in euros (EUR).
3.4. When can we require an advance or prepayment?
An advance on the purchase price may be required especially for orders with the total price exceeding CZK 5,000.
We may also ask you to pay the full price of the goods before the goods are sent or handed over (Section 2119(1) of the Civil Code shall not apply).
3.5. How do we issue receipt slips in the context of the electronic registration of sales?
Under the Sales Registration Act No. 112/2016 Sb., we are obliged to issue a receipt slip to you. We are also obliged to register the received payments with the tax administrator online; in the event of technical failure, we are obliged to do so within 48 hours at the latest.
By accepting these Business Conditions, you also give us consent to provide you with the receipt slip in electronic form.
4.1. How do we send goods?
The methods of goods delivery are stated in the web interface in the section Transport and payment. You may select the particular method of goods delivery in the order. If you do not select any method of transport, we may select it ourselves.
4.2. What are the costs of goods delivery?
The costs of goods delivery always depend on the size and nature of the goods and on the pricelist of the selected transporter. The current costs of goods delivery are stated in the web interface in the section Transport and payment.
The order will always state the final price including the costs of the selected method of transport.
4.3. When will we deliver the goods to you?
The term of goods delivery always depends on the availability of the goods and on the selected method of transport and payment.
Where the goods are in stock, we usually send them within one working day from the order acceptance (where the goods are sent COD or are collected in person) or from the receipt of the payment to our account (where a cashless payment is made).
The goods that are not in stock are sent as soon as possible. We will inform you about the exact day.
The delivery of goods under these Business Conditions means the moment when the goods are delivered to you. If you refuse to take delivery of the goods without reasonable justification, this constitutes neither our failure to fulfil the obligation to deliver the goods nor your withdrawal from the contract.
4.4. How to take delivery of goods?
When taking delivery of goods, check whether the goods packaging is intact. If you find any defects, inform the transporter and us immediately. If you refuse to take delivery of a consignment with damaged packaging, this is not deemed to be unjustified refusal of the goods.
At the moment of taking delivery of the goods (or at the moment when you were obliged to take delivery of the goods but did not do so contrary to the contract) the liability for accidental destruction, damage or loss of the goods passes to you.
4.5. What will happen if you do not take delivery of the goods?
If for reasons on your part it is necessary to deliver the goods repeatedly or by a method other than agreed, you are obliged to pay the costs associated with such delivery.
If you fail to take delivery of the goods without reasonable justification, we are entitled to be compensated for the costs associated with the goods delivery and storage, as well as any other costs we incur due to your failure to take delivery of the goods. Such costs will not exceed CZK 10 per day of storage. The costs of storage may not exceed CZK 500 or the amount of the purchase price if the purchase price lower than CZK 500.
If the payment is to be made in cash where the goods were sent COD or were to be collected in person, we also have the right to withdraw from the contract. However, if you have already paid the purchase price (in the event of payment before the delivery of the goods), we also have the right to resell the goods under Section 2126 of the Civil Code and/or we can withdraw from the contract.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. How can you withdraw from the contract?
You may withdraw from the purchase contract within 14 days from the takeover of the goods; if the delivery is divided into several parts, then from the day when you take the last delivery. A notice of withdrawal from the purchase contract should be sent to our mailing address or email address. For withdrawal from a contract you may also use our model form. We will confirm receipt of your notice without undue delay.
You do not need to give any reasons for the withdrawal from a contract.
5.2. What are the consequences of the withdrawal from the contract?
Upon withdrawal from the contract, the contract becomes null and void and is deemed to have never been made.
If together with the goods you received a gift subject to your consent, the deed of gift ceases to have effect upon withdrawal from the contract by any of the parties. You will send us the gift back together with the goods returned.
5.3. When is it impossible to withdraw from the contract?
In accordance with Section 1837 of the Civil Code, it is impossible to withdraw especially from contracts for the delivery of perishable goods and goods that were irrecoverably mixed with other goods after the delivery.
5.4. How will you return us the goods?
You are obliged to return us the goods within 14 days from the withdrawal from the contract to our mailing address or to the address of our registered office. Do not send the goods COD. We are not obliged to take delivery of the goods sent COD.
We recommend attaching the following documents to the goods returned:
- a copy of the delivery note and invoice if such documents were issued, or another document proving the purchase of the goods;
- written notice of withdrawal from the contract (using our form or otherwise) with information about the selected method of return of the money (transfer to account, receipt of cash in person or postal money order or otherwise). The notice will state the mailing address, telephone and email address.
Failure to submit any of the above stated documents does not prevent positive settlement of your withdrawal from the contract under statutory conditions.
5.5. When will you get your money back?
We will return to you all the received funds within 14 days from the withdrawal from the contract. However, please take note that we are not obliged to return the money to you before you return the goods to us or prove that you have sent the goods to us.
In addition to the purchase price, you are also entitled to be returned the costs of goods delivery to your location. However, if you selected a method other than the cheapest method of goods delivery we offer, we will return to you the costs of goods delivery in the amount equal to the costs of the cheapest offered method of goods delivery.
We will return the money to you:
- in the same manner in which we received the money, or
- in the manner you require.
In addition to the above stated manners, we can always return the funds by sending them to the bank account of your choice or to the account from which the funds were sent to pay the purchase price (if you do not tell us any other account number within ten days from the withdrawal from the contract). By accepting these Business Conditions, you express your consent to being sent funds as stated in the preceding sentence, provided that you will incur no further costs in this manner.
Any costs associated with returning the goods to our address are borne by you, even if the goods cannot be returned due to their nature by a normal post service.
5.6. What if the returned goods are damaged?
When sending the goods, pack them in a suitable packaging material in order to prevent their damage and destruction.
If we find out that the goods you returned are damaged, worn, soiled or partially consumed, you hold liability to us for such reduction in the value of the goods.
5.7. When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
- the web interface showed a clearly wrong price of the goods due to a technical error (article 2.5 of these Business Conditions);
- the goods cannot be delivered on the former conditions for objective reasons (especially because the goods have not been produced any more, the supplier ceased to deliver the goods to the Czech Republic, etc.);
- the performance becomes objectively impossible or unlawful.
If any of the above stated situations takes place, we will inform you about our withdrawal from the contract without undue delay. Withdrawal becomes effective against you at the moment when it is delivered to you.
If you have already paid the purchase price in full or in part, we will return the sum received from you by a cashless transfer to the account you will indicate for such a purpose or to the account from which you made the payment. We will return the money within five days from the withdrawal from the purchase contract.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
Your rights from defective performance are governed by the applicable legislation (especially the provisions of Section 1914 to 1925, Section 2099 to 2117 and, if you are a consumer, Section 2158 to 2174 of the Civil Code).
When exercising rights from defective performance, we will follow our Complaints Procedure Rules. Before sending a complaint, acquaint yourselves thoroughly with the Complaints Procedure Rules so that the complaint can be handled as quickly as possible to your satisfaction.
7. REGISTRATION IN THE WEB INTERFACE
7.1. How can you register yourselves in the web interface?
Your user account is created by registration through the registration form in the web interface. Keep the access data for your user account in secret. We do not hold liability for any misuse of your user account by a third party.
The details entered during registration must be true and complete. We can cancel without compensation any account which was created by using untrue or incomplete details. In the event of a change in your details it is recommended that you rectify them immediately in your user account.
7.2. What does a user account serve for?
Through a user account you can especially order goods, monitor orders and administer your user account. Any other functions of the user account are always stated in the web interface.
7.3. When can we cancel your user account?
Please take note that we have the right to cancel your user account without compensation if good morals, legal regulations in effect or these Business Conditions are violated through your account.
8. COPYRIGHT PROTECTION, LIABILITY AND USE OF THE WEB INTERFACE
8.1. Are the contents of the website protected by copyright?
The contents of the website placed in the web interface (texts including the Business Conditions, photographs, pictures, logos, software, etc.) are protected by our copyright or by the rights of other parties. You are not allowed to change, copy, reproduce, distribute or use the contents for any purpose without our consent or consent of the copyright holder. In particular, it is prohibited to make the photographs and texts placed in the web interface available free of charge or for remuneration.
The names and designations of products, goods, services, firms and companies may be registered trademarks of their owners.
8.2 Liability and use of the web interface
We do not hold liability for any errors arisen as a consequence of interferences of third parties in the web interface or as a consequence of its use contrary to its purpose. When using the web interface, you must not use any procedures that could affect the function of the system or generate an undue load on the system.
If you commit any unlawful or unethical conduct when using the web interface, we may restrict, suspend or terminate your access to the web interface without any compensation. In such case you are also obliged to compensate us fully for any damage we demonstrably incurred due to your conduct described in this paragraph.
Please take note that by clicking on certain links in the web interface you may leave the web interface and be redirected to the websites of third parties.
9. FINAL PROVISIONS
9.1. What licences do we have to carry out our activities, and who inspects us?
We are authorized to sell goods under a trade licence. Our activity is not subject to any other authorization procedures.
Trade inspections are carried out by the competent trades licensing authority within the scope of its powers. Inspections of compliance with the legal regulations concerning the technical requirements for goods and goods safety are carried out by the Czech Trade Inspection Authority (Česká obchodní inspekce, http://www.coi.cz/). The Czech Trade Inspection Authority also checks compliance with consumer protection regulations. The rights of consumers are also protected by their interest groupings and other entities aimed at the protection of consumers.
9.2. How do we handle complaints?
We handle any complaints through our contact email. You can also contact the entities referred to in article 9.1. In the relationships with our customers we are not bound by and do not follow any codes of conduct.
9.3. What are your rights in the event of a consumer dispute?
If you are a consumer and a dispute arises from the contract between us, which we are unable to settle directly, you have the right to refer this dispute to the Czech Trade Inspection Authority (address: Česká obchodní inspekce (Czech Trade Inspection Authority), Ústřední inspektorát - oddělení ADR (Central Inspectorate – ADR Department), Štěpánská 15, 120 00 Praha 2; web interfaces: www.coi.cz, www.adr.coi.cz; electronic contact: firstname.lastname@example.org; telephone: +420 296 366 360) or Sdružení českých spotřebitelů, z. ú. (Czech Consumer Association, registered institution) (address: Tř. Karla IV. 430, 500 02 Hradec Králové, web interface: www.konzument.cz, electronic contact email@example.com, telephone: +420 495 215 266, for the purpose of out-of-court settlement of the consumer dispute. You may exercise this right no later than within 1 year from the day of the first exercise of your right which is the subject-matter of the consumer dispute.
To file a complaint about the goods or services you purchased from us and to search for an alternative dispute resolution entity you may also use the online platform established by the European Commission at the address: http://ec.europa.eu/consumers/odr/.
9.4. What should you know?
A contract is made by means of remote communication (especially the internet). Any costs you incur when using the means of remote communication (the costs of internet connection or telephone charges, in particular) will be borne by you. Such costs do not differ from a normal rate. Unless agreed otherwise, all correspondence related to the contract between us will take place in writing and will be delivered either via email, registered mail or in person. We will deliver documents to you to the email address stated in your order or in your user account. We will inform you about the method of taking back any used products which are electric devices according to their nature, in accordance with the Waste Act No. 185/2001 Sb., as amended.
If any provision of these Business Conditions is (or becomes) invalid, ineffective or inapplicable, it shall be replaced by a provision the meaning of which comes as close as possible to the invalid, ineffective or inapplicable provision. Invalidity, ineffectiveness or inapplicability of one provision does not affect the validity of the other provisions. A contract (including the Business Conditions) may only be amended or supplemented in writing.
These Business Conditions are in force and effect from 24 May 2018.