BUSINESS TERMS AND CONDITIONS
BUSINESS TERMS AND CONDITIONS
of KVCHYNKA s.r.o., Kollárova 278/20, 693 01 Hustopeče
Company Registration Number: 293 02 510, Entered in the Commercial Register maintained by the District Court in Brno, Section C, File 72457
Pursuant to the provisions of Section 129 Para 4 and Section 130 of act number 280/2009 Coll., the company is a registered payer of the value added tax under VAT Number CZ29302510
for the sale of goods via an e-shop at www.kvchynka.com
1. Introductory provisions
1.1. These business terms and conditions (hereinafter as “conditions”) of KVCHYNKA s.r.o., having its registered seat at Kollárova 278/20, 693 01 Hustopeče, and its branch at Havlíčkova 1, 693 01 Hustopeče, company registration number: 29302510, entered in the Commercial Register maintained by the District Court in Brno, Section C, File 72457 (hereinafter as “seller”) govern the mutual right and obligations of the contracting parties arising out of, in or based on, mutual purchase contracts (hereinafter as “purchase contract”) entered into between the seller and other individual (hereinafter as “purchaser”) via the seller’s e-shop, pursuant to the provisions of Section 1751 Para 1 of act number 89/2012 Coll., the Civil Code (hereinafter as “Civil Code”). Said e-shop is operated on the website www.kvchynka.com (hereinafter as “website”), via its interface (hereinafter “e-shop web interface”).
1.2. The conditions do not apply to the transactions when the person wishing to make the purchase from the seller is a legal entity or a businessperson ordering the goods within the framework of its commercial activity or independent discharge of an office.
1.3. Provisions deviating from the conditions can be arranged via an individual purchase contract. In the event of different purchase contract provisions and the business terms and conditions, the terms of the purchase contract shall take precedence.
1.4. The provisions of the conditions shall constitute an integral part of the purchase contract. The purchase contract and the conditions are executed in the Czech language. The purchase contract can be entered into in the Czech language.
1.5. The provisions of the conditions can be changed or amended by the seller from time to time. This provision does not affect the rights and conditions existing during the term of the previous version of the conditions.
2. User account
2.1. Based on registration of the purchaser on the website the purchaser may access their user interface. Having accessed the user interface, the purchaser can order goods (hereinafter as “user account”). As long as the e-shop web interface allows it, the purchaser may order goods without registration directly from the e-shop web interface.
2.2. During the registration on the website and while ordering the goods, the purchaser is obliged to provide accurate and correct data. In the event of any change the purchaser is obliged to correct the data in the user account settings. As far as the seller is concerned, the data provided by the purchaser in the settings of the user account is deemed accurate.
2.3. The access to the user account is secured via a user name and password. The purchaser is obliged to keep confidential all information necessary for the access to their user account.
2.4. The purchaser is not entitled to allow third persons to use their user account.
2.5. The seller may delete a user account, especially if the purchaser has not used it for more than 12 months or in the event of any breach of obligations arising from the purchase contract (including the conditions) by the purchaser.
2.6. The purchaser acknowledges the fact that the user account does not have to be accessible at all times, especially with respect to the necessary maintenance of hardware and software facilities of the seller, or the necessary maintenance of hardware and software facilities of third persons.
3. Conclusion of purchase contract
3.1. The entire presentation of goods on the e-shop web interface is for information purposes only and the seller is not obliged to enter into any purchase contract regarding said goods. The provisions of Section 1732 Para 2 of the Civil Code shall not apply.
3.2. The e-shop web interface contains information on the goods, including their prices. The prices of the goods are shown with VAT and all related fees included. The prices of the goods apply as long as they are shown in the e-shop web interface. This provision does not restrict the seller’s right to enter into a purchase contract under individual conditions.
3.3. The e-shop web interface also contains information on the costs incurred with respect to the packing and delivery of the goods. The information on the costs incurred with respect to the packing and delivery of the goods only applies to deliveries within the territory of the Czech Republic.
3.4. To order goods, the purchaser shall fill in an order form in the e-shop web interface. The order form contains especially the following information:
3.4.1. goods ordered (the goods being ordered is “put into the cart” on the e-shop web interface),
3.4.2. method of payment for the goods, preferred method of delivery of the goods, and
3.4.3. information on the costs related to the delivery of the goods (hereinafter jointly as “order”).
3.5. Prior to the sending of the order to the seller the purchaser has the opportunity to check (and correct, if necessary) the data provided in the order. The purchaser shall send the order to the seller by clicking on “BUY NOW”. As far as the seller is concerned, the data provided in the order is correct. Once the seller has received the order, the seller shall send a confirmation e-mail to the address provided by the purchaser in their user interface or in the order itself (hereinafter as “purchaser’s e-mail”).
3.6. The seller is entitled, based on the nature of the order (goods quantity, total purchase price, transportation fees), request that the purchaser confirm the order (e.g. in writing or by phone).
3.7. The business relationship between the seller and the purchaser shall be thought to have been established upon the delivery of the acceptance of the order, as sent by the seller to the e-mail address of the purchaser.
3.8. The purchaser agrees with the use of long-distance communication methods in the course of the conclusion of the purchase contract. Any costs incurred by the purchaser with the use of the long-distance communication methods (e.g. Internet connection, phone charges) shall be borne by the purchaser. These costs do not differ from the base rate.
4. Price of goods and payment conditions
4.1. The purchaser may pay to the seller the price of the goods and the delivery costs pursuant to the purchase contract by the following methods:
· in cash at the distribution point of the seller at KVCHYNKA s.r.o., Havlíčkova 1, 693 01 Hustopeče
· cashless payment by credit card via a payment gateway
· cashless payment via bank transfer to the account of the seller
UniCredit Bank (2700) account number 2109790682/ 2700
(hereinafter as “seller’s bank account”)
4.2. The purchaser is obliged to pay the costs incurred with the packing and delivery of the goods, in the agreed-upon sum, along with the purchase price. Unless otherwise stated, the purchase price is thought to include the costs incurred with the delivery of the goods.
4.3. The seller does not request that the purchaser pay an advance or any similar payment. This provision does not affect the provisions of clause 4.6. of the conditions regarding the obligation to pay the purchase price in advance.
4.4. In the event of payments in cash or in the event of COD payments the purchase price is due upon takeover of the goods. In the event of cashless payments the purchase price shall be due within 10 days of the date of the purchase contract.
4.5. In the event of a cashless payment the purchaser shall state the relevant variable symbol in their transfer order. In the event of a cashless payment the obligation of the purchaser to pay the purchase price shall be deemed fulfilled once the amount is transferred to the account of the seller.
4.6. The seller shall be entitled to request (especially if the purchaser fails to confirm the order pursuant to the provisions of clause 3.6.) the payment of the purchase price in full prior to the sending of the goods to the purchaser. The provisions of Section 2119 Para 1 of the Civil Code shall not apply.
4.7. Discounts granted to the purchaser by the seller regarding the price of the goods cannot be combined.
4.8. As long as deemed usual, considering the established business practice, or if required pursuant to the generally binding legal regulations, the seller shall issue a tax document (invoice) to the purchaser with respect to the payments made upon the basis of the purchase contract. The seller is a registered payer of the value added tax. The seller shall issue the tax document (invoice) and ship it along with the goods purchased.
5. Purchase contract withdrawal
5.1. The purchaser acknowledges the fact that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract on the delivery of customised goods, perishable goods or goods that were irreversibly mixed with other goods, or goods in enclosed package which was removed by the consumer and cannot be returned due to health concerns, as well as contracts on the delivery of an audio or video recording or computer programme, if it was removed from the original packaging.
5.3. In the event of contract withdrawal pursuant to clause 5.2 of the conditions the purchase contract shall be treated as void ex tunc. The goods must be returned to the seller within fourteen (14) days of the withdrawal. Should the purchaser withdraw from the purchase contract, the purchaser shall bear all the costs incurred with the return of the goods to the seller, even if the goods cannot be returned as a usual article of mail due to its nature.
5.4. In the event of contract withdrawal pursuant to clause 5.2 of the conditions the seller shall return the monies accepted from the purchaser within fourteen (14) days of the withdrawal by the purchaser, using the same payment method as the one used by the purchaser, if technically possible. The seller is also entitled to return any monies paid by the purchaser upon the return of the goods by the purchaser using a different payment method, as long as the purchaser agrees and no costs are incurred on their part. Should the purchaser withdraw from the purchase contract, the seller is not obliged to return the monies received from the purchaser until the purchaser has returned the goods or proved to have sent it to the seller.
5.5. The seller is entitled to set off, on a unilateral basis, their claim for damages to the goods against the purchaser’s claim for the purchase price paid for the goods.
5.6. The seller is entitled to withdraw from the purchase contract at any time prior to the takeover of the goods by the purchaser. In this case the seller shall return the purchase price to the purchaser without an undue delay via a bank transfer to the bank account of the purchaser.
5.7. If a gift is granted to the purchaser along with the goods, the deed of donation between the seller and the purchaser shall contain a condition subsequent, according to which the purchase contract withdrawal by the purchaser shall render the deed of donation ineffective and the purchaser shall be obliged to return the gift to the seller along with the goods.
6. Transportation and delivery of goods
6.1. If a method of delivery is agreed upon based on a special request from the purchaser the purchaser shall bear the associated risks and any additional costs related to the method of transportation.
6.2. If, pursuant to the purchase contract, the seller is obliged to deliver the goods to a place of delivery specified by the purchaser in their order, the purchaser is obliged to accept the goods upon delivery.
6.3. If, due to reasons on the part of the purchaser, it is necessary to repeat a delivery or deliver the goods in a manner different from the provisions of the order, the purchaser shall be obliged to bear the costs associated with the repeated delivery or the costs of the different method of delivery, as the case may be.
6.4. Upon the takeover of the goods from the haulier the purchaser shall check the integrity of the packaging and report any defects to the haulier. Should the purchaser find out that the packaging has been tampered with the purchaser is not obliged to accept the package.
6.5. Other rights and obligations related to the transportation of the goods may be arranged via special delivery conditions of the seller, if issued.
7. Faulty performance rights
7.1. Rights and obligations of the contracting parties regarding faulty performance rights are governed by the applicable generally binding regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller guarantees to the purchaser that the goods are free from defects upon takeover. In particular, the seller shall guarantee to the purchaser that, at the time of takeover, the goods:
7.2.1. have the qualities mutually agreed between the parties or, in the absence of such an agreement, the qualities that the purchaser has a reasonable reason to expect them to have, or which have been described by the seller or manufacturer, with regard to the nature of the goods and advertising promoting the goods,
7.2.2. are suitable for the purpose advertised by the seller or for the purpose for which this type of goods is usually used,
7.2.3. conform, in terms of quality or workmanship, to the agreed-upon sample or model, as long as their quality or workmanship were specified based on the agreed-upon sample or model,
7.2.4. are compliant in terms of quantity, scope or weight, or
7.2.5. meet the requirements stipulated by the applicable legislation.
7.3. The provisions of clause 7.2 of the conditions shall not apply to goods sold at a reduced price to the defect which is the reason for the reduced price, to regular tear and wear caused by ordinary use of the product, in the case of used goods, to any defect corresponding to the level of use or tear and wear which the goods had upon takeover, or if the same is caused by the nature of the goods as such.
7.4. If a defect becomes apparent within six months of takeover, it is understood that the product had this defect upon takeover.
7.5. The purchaser shall assert any faulty performance rights at the seller’s address, i.e. KVCHYNKA s.r.o., Havlíčkova 1, 693 01 Hustopeče, where the acceptance of the claim is possible subject to the nature of the goods, or alternatively at the registered seat of the seller. Any complaints sent to the registered seat of the seller will be processed during the typical time period increased by the period of time during which the claim is forwarded to KVCHYNKA s.r.o., Havlíčkova 1, 693 01 Hustopeče. Usually within ten to fifteen days! A complaint is thought to have been lodged once the product in question has been received by the seller.
7.6. Other rights and obligations of the contracting parties related to the product liability on the part of the seller can be governed by the seller’s complaint procedure rules.
8. Other rights and obligations of the contracting parties
8.1. The purchaser shall become the owner of the goods upon the payment of the purchase price in full.
8.2. The seller shall have no obligations towards the seller in terms of any codes of conduct within the meaning of Section 1826 Para 1 Letter e) of the Civil Code.
8.4. The seller is authorised to sell the goods upon the basis of a trade license. Supervision in this area is carried out by the competent trade licensing office. Supervision in the field of personal data protection is ensured by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out limited supervision of the compliance with the provisions of act number 634/1992 Coll., on consumer protection, as amended.
8.5. The purchaser hereby assumes the risk of changes of circumstances within the meaning of Section 1765 Para 2 of the Civil Code.
9. Personal data protection
9.1. Protection of personal data of the purchaser, if they are an individual, is ensured pursuant to the provisions of act number 101/2000 Coll., on personal data protection, as amended.
9.2. The purchaser grants their consent with the processing of the following personal data: first name, last name, address, registration number, VAT number, e-mail, phone, any other address (e.g. mailing address) provided in the order (hereinafter as “personal data”).
9.3. The purchaser grants their consent with the processing of their personal data by the seller for the purpose of the assertion of rights and the performance of obligations arising from the purchase contract, as well as for the purpose of maintenance of the user account. Unless the purchaser has selected a different option, they also grant their consent with the processing of their personal data for the purpose of sending information and commercial e-mails. The consent with the processing of personal data within the meaning of this entire clause is not a condition for the conclusion of the purchase contract.
9.4. The purchaser acknowledges their obligation to provide accurate and correct personal data (during registration, in the settings of their user account, in orders made via the e-shop web interface). Furthermore, they are obliged to inform the seller without an undue delay in the event of any changes in the personal data.
9.5. The seller may authorise a third person to process the personal data of the purchaser (i.e. a processor). Aside from persons delivering the goods no third persons shall be provided the personal data by the seller without a prior written consent of the purchaser.
9.6. The personal data will be processed for an indefinite period. The personal data will be processed in electronic form in an automated manner or in printed for in a non-automated manner.
9.7. The purchaser confirms that the personal data provided by them is accurate and that they were advised that they have provided the personal data voluntarily.
9.8. Should the purchaser believe that the seller or the processor (clause 9.5) process their personal data in a manner which is not consistent with the protection of private or personal life of the purchaser, or contrary to law, especially if the personal data is inaccurate with regard to the purpose of processing, the purchaser may:
9.8.1. request an explanation from the seller or the processor,
9.8.2. request that the seller or processor remedy the situation.
9.9. Should the purchaser request information about the status of the processing of their personal data, the seller is obliged to satisfy this request. The seller is entitled to a reasonable reimbursement for the provision of said information. The reimbursement shall not exceed the unavoidable costs incurred with the provision of the information.
10.1. The purchaser agrees to receive information related to the goods, services or business of the seller, as well as unsolicited commercial e-mails, to the e-mail address provided by the purchaser.
10.2. The purchaser acknowledges the fact that cookies can be stored on their computer. If a purchase transaction via the website can be carried out and the obligations of the seller arising out of the purchase contract can be fulfilled without the need to store cookies on the purchaser’s computer, the purchaser can withdraw the consent from the previous sentence at any time.
11.1. Notices addressed to the purchaser can be sent to the e-mail given in the user account or any order.
12. Final provisions
12.1. Should the relationship established by a purchase contract contain an international (foreign) element, the contracting parties agree that the relationship shall be governed by the legislation of the Czech Republic. This provision shall not affect consumer rights arising from generally binding legal regulations.
12.2. Should any provision of the conditions be or become invalid or ineffective the invalid provision shall be replaced with a new provision as similar as possible to the original provision in terms of purpose. The invalidity or ineffectiveness of any provision shall not affect the validity of the remaining provisions. Any changes and amendments to a purchase contract or the conditions require a written form to be effective.
12.3. Purchase contracts including the conditions are filed electronically by the seller and are inaccessible.
12.4. A template purchase contract withdrawal constitutes an appendix to the conditions.
Hustopeče, 1 September 2015