1. Contact details
Registered seat: Radniční 2, Frýdek-Místek 73801, Czech Republic
Stock address: K Nemocnici 2122/61, Nový Jičín 74101
IČ: 47864834, TVA: CZ5412180606
Doing business on the basis of a trade license issued by ŽU in Nový Jičín.
Telephone: 556709998, 603496390, e-mail: email@example.com
The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods. The seller does not charge any fees depending on the method of payment. The photos on the store's website correspond to the goods sold, only the colors may be distorted due to the settings of your monitor.
3. Delivery of goods
The seller will deliver the goods to the buyer complete, no later than 15 days from order confirmation. The buyer is obliged to take over the goods and pay. The buyer is advised to inspect the goods as soon as possible upon receipt.
Shipping prices can be found when completing the order.
4. Cancellation of the order and withdrawal from the contract
The buyer is entitled to cancel the order at any time free of charge before delivery.
The buyer can withdraw from the contract within 14 days of receipt of the goods, regardless of the method of receipt of goods or payment. This period is intended to acquaint the buyer to a reasonable extent with the nature, properties and functionality of the goods.
For the purposes of exercising the right to withdraw from the contract, the customer must inform Adolf Nytra, K Nemocnici 2122/61, Nový Jičín 74101, phone: 556709998, 603496390, e-mail: firstname.lastname@example.org in the form of a unilateral legal action (eg by letter or e-mail).
The buyer is obliged to deliver the returned goods only to the address Adolf Nytra, K Nemocnici 2122/61, 74101 Nový Jičín.
Withdrawal from the contract must be delivered to the seller within 14 days. The buyer does not have to state the reason for withdrawing from the contract. To facilitate communication, the buyer will state the date or number of the order or invoice and bank details in the withdrawal.
The seller is obliged to return to the buyer no later than 14 days from the date of notification of withdrawal from the contract, all payments received from the buyer, including delivery costs (except for additional costs incurred due to the chosen method of delivery by the buyer, other than the cheapest method of standard delivery offered by the seller). The seller will return the payment only after receiving the returned goods or if the buyer proves that he sent the goods back, whichever comes first.
The goods should be returned to the seller (not cash on delivery) complete, preferably in the original undamaged packaging, must not show signs of wear or damage.The cost of returning the goods is borne by the buyer.
If the returned goods are damaged by a breach of the buyer's obligations, the seller is entitled to claim damages from the buyer and set it off against the amount returned.
5. Legal liability of the seller (for the compliance of the delivered goods with the purchase contract and for defects that occur during the warranty period).
Quality at acceptance
If the received goods have deficiencies (eg do not have agreed or legitimately expected properties, do not fit for the usual or agreed purpose, are not complete, do not correspond to its declared quantity, size or quality does not correspond to other legal, contractual or even pre-contractual parameters), these are defects of goods for which the seller is responsible.
If repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may demand a refund of the purchase price in full.
Within six months of receipt of the goods, it is presumed that the defect in the goods already existed upon receipt of the goods.
The seller is not obliged to satisfy the buyer's claim if he proves that the buyer knew about the defect of the goods before taking over or caused it himself.
Legal rights from defects:
The seller is responsible for defects arising after receipt of the goods during the 12-month warranty period, unless otherwise stated in the attached leaflet.
Defects arising after receipt of the goods means:
Defects in material.
Defects in the manufacture of the product.
Within this period, the buyer can file a complaint according to his choice and according to the possibilities of the seller, regardless of whether the defect is remediable or irremediable):
elimination of the defect by delivering a new item without defects
free defect repair
reasonable discount from the purchase price
refund of the purchase price on the basis of withdrawal from the contract
If a remediable defect has occurred repeatedly after repair (third claim for the same defect or fourth for different defects) or the goods have a large number of defects (at least three defects at the same time), the buyer can claim a discount on the purchase price, exchange goods or withdraw from the contract.
The seller is not responsible for defects caused by normal wear and tear or failure to follow the instructions for use and method of treatment. Information on the proper maintenance of the goods is given on each product.
In the event that the product is cleaned or treated by a third party (eg a treatment plant), the seller will not be liable for the defect or damage, but the third party according to its complaint procedure.
6. Settlement of complaints
The buyer is obliged to file a complaint with the seller or the person designated for repair without undue delay from the discovery of the defect. If he does so in writing or electronically, he should provide his contact details, a description of the defect and a request for the method of handling the complaint.
The buyer is obliged to inform the seller which right he has chosen when notifying the defect. A change of choice without the consent of the seller is possible only if the buyer has requested the correction of a defect that proves to be irreparable.
The buyer is obliged to prove the purchase of goods (preferably by proof of purchase). The deadline for settling the complaint runs from the handover / delivery of the goods to the seller or to the place designated for repair. The goods should be packed in suitable packaging during transport and in a way that does not damage them, they should be clean, complete and undeformed.
The seller is obliged to immediately decide on the complaint, or that the decision requires professional assessment. The seller will handle the complaint, including the elimination of the defect, without undue delay, no later than within 30 days of its application, unless they agree in writing with the buyer on a longer period.
If the seller refuses to eliminate the defect, the buyer may request a reasonable discount on the price or withdraw from the contract.
The quality guarantee is extended by the time from the claim to its settlement or until the buyer was obliged to pick up the item.
The Seller undertakes to inform the Buyer of the settlement of the complaint according to his request by e-mail, SMS or letter.
In the case of a justified complaint, the buyer is entitled to compensation for purposefully incurred transport costs. In the event of an unjustified complaint, the seller is entitled to compensation for purposefully incurred transport costs.
The Buyer is obliged to deliver the complaint only to the address Adolf Nytra, K Nemocnici 2122/61, 74101 Nový Jičín.
The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller.
Identification and contact details of the administrator
Company: Adolf Nytra
Registered seat: Radniční 2, 73801 Frýdek-Místek
Company ID: 47864834
Steuernummer: CZ 5412180609
Contact address: Adolf Nytra, K Nemocnici 2122/61, 74101 Nový Jičín.
Purpose of processing, scope of personal data and legal basis for processing.
The Buyer acknowledges that for the purposes of concluding the purchase contract, its subsequent performance (order processing, securing removal and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store in accordance with Regulation (EU) 2016/679, General Regulation on Personal Data Protection (hereinafter referred to as GDPR), his personal data in the following scope: name, surname, address, e-mail and telephone number (or add other data to be processed - payment data, etc. ).
The legal basis for the processing of personal data is, in accordance with Article 6 (1) (a), b) GDPR performance of the contract to which the buyer is a party.
Categories of recipients / recipients of personal data
The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:
a) to the contractual carrier, which the buyer chooses in the order form, for the purpose of delivery of goods, the list of carriers is available here, the data will be provided to the following extent: name, surname, address, e-mail, telephone number;
b) to the operator of the Heureka.cz portal for the purpose of generating and sending questionnaires of satisfaction with the purchase within the program Verified by customers, in which the online store is involved. The legal basis for the processing in this case is in accordance with Article 6 (1) (a). f) GDPR legitimate interest of the administrator, which consists in determining the satisfaction of the buyer with the purchase from the administrator. The sending of questionnaires applies to all buyers who have not refused to send commercial communications in the sense of § 7 paragraph 3 of the Act on Certain Information Society Services (No. 480/2004 Coll.), And is carried out after each purchase on the online store. The operator of the Heureka.cz portal is entitled to use the submitted e-mail address exclusively for the purpose of generating and sending a satisfaction questionnaire in the sense of the Terms and Conditions of the Verified by Customers program available here: sluzby.heureka.cz/napoveda/podminky-a-dulezite-dokumenty/. At any time, the buyer may object to the sending of e-mail questionnaires within the Verified by Customers program by rejecting other questionnaires using the link in the e-mail with the questionnaire. In case of objection, the questionnaire will not be sent to the buyer.
Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or for the duration of the contractual guarantee.
The Buyer acknowledges that according to § 31 of the Accounting Act (No. 593/1991 Coll.), The Buyer is obliged to keep accounting documents and accounting records (invoices) for a period of 5 years beginning at the end of the accounting period to which they relate (ie if you buy goods during 2018, the invoice must be kept until the end of 2023). The administrator is also obliged under § 47 of the Act on the Administration of Taxes and Fees (No. 337/1992 Coll.) To keep the invoice for 3 years from the end of the tax period in which the tax liability related to the invoice arose (ie if you buy goods in during 2018, the invoice must be kept for tax purposes until the end of 2021). The invoice contains the following personal data: name, surname and address.
FOR VAT PAYERS:
The Buyer also acknowledges that the administrator is obliged under § 35 of the Value Added Tax Act (No. 235/2004 Coll.) To keep tax documents for 10 years from the end of the tax period in which the performance took place (ie, if you buy goods during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address.
Buyer's rights in relation to personal data
The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR, he has the right to:
(a) to have access to personal data consisting of the right to obtain confirmation from the controller as to whether or not personal data concerning him are being processed and, if so, to have access to such personal data and to the information defined in Article 15 GDPR;
b) for the correction of inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;
c) deletion ("right to be forgotten"), which consists in the controller deleting without undue delay the personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legal reason for their further processing ;
(d) restrictions on the processing of personal data in the cases defined in Article 18 of the GDPR;
(e) the portability of data under the terms of Article 20 of the GDPR;
f) object to the processing of personal data
Upon request, the administrator shall provide the buyer with information on the measures taken in any case no later than one month from the receipt of the request.
In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory body in this area, and file a complaint.
8. Dispute resolution
Mutual disputes between the seller and the buyer are resolved by ordinary courts.
Pursuant to the Consumer Protection Act (No. 634/1992 Coll.), A buyer who is a consumer has the right to an out-of-court settlement of a consumer dispute arising from a purchase contract or a contract for the provision of services. The entity that is authorized to perform out-of-court settlement of a dispute is the Czech Trade Inspection Authority. More information is available on the website www.coi.cz.
Out-of-court settlement of a consumer dispute is initiated exclusively at the request of the consumer, and only if the dispute has not been resolved directly with the seller. The application may be submitted no later than 1 year from the date on which the consumer exercised his right, which is the subject of the dispute, with the seller for the first time.
The consumer has the right to initiate out-of-court dispute resolution online via the ODR platform available at ec.europa.eu/consumers/odr/.
The buyer can also turn to dTest, o.p.s. for advice on his consumer rights. via www.dtest.cz/poradna or by phone 299 149 009.
Supervision of compliance with obligations under the Consumer Protection Act (No. 634/1992 Coll.) Is performed (www.coi.cz).
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under a purchase agreement.
For the purposes of these terms and conditions, the buyer means a consumer, which is a person who, unlike the seller, does not act within the scope of his business activities or the independent performance of his profession in concluding and fulfilling the contract.
For the purposes of these terms and conditions, the seller means an entrepreneur who, unlike the buyer, acts within the scope of his business activities or the independent performance of his profession when concluding and fulfilling the contract.
Other matters not listed here are governed by the Civil Code (No. 89/2012 Coll.), The Consumer Protection Act (No. 634/1992 Coll.) And other legal regulations, as amended.
The contract and related issues are governed by Czech law.
Changes to the terms and conditions in other than mutually agreed written form are excluded.
Business conditions are valid from 1 January 2020.