Terms and conditions in detail
including personal data protection, sending commercial messages and storing cookies
Monika Kněžková
Uzbecká 1410/6
100 00 Praha / Vršovice
registered as a self-employed person at the FÚ under VAT number: CZ7355100775
Bank account no: 3212065002/5500 Raiffeisenbank
for the sale of products from personal creation through personal websites containing an online store and located at the Internet address: www.monikaknezkova.name
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the “terms and conditions”) are regulated by Monika Kněžková with registered office at Uzbecká 1410/6, Prague / Vršovice, 101 00 registered as a self-employed person at the FÚ under the registration number: CZ7355100775 (hereinafter referred to as the “seller”) in accordance with the provisions of § 1751 par. 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another natural or legal person (hereinafter referred to as the “buyer”) through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.monikaknezkova.name (hereinafter referred to as the “website”), through the website interface (hereinafter referred to as the “store web interface”).
1.2. Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.3. The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.4. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions..
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All the presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code shall not apply.
2.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs for returning the goods, if these goods cannot by their nature be returned by the usual postal route. The prices of goods are listed including value added tax and all related fees. The prices of goods remain valid for the time they are displayed in the web interface of the store. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.
2.3. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The 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 where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:
2.4.1. ordered goods (the ordered goods are “put” by the buyer into the electronic shopping basket of the store’s web interface),
2.4.2. method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
2.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “order”).
2.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the “Complete order” button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the seller will confirm this receipt to the buyer by e-mail, to the buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “buyer’s e-mail address”).
2.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer.
2.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are covered by the buyer himself, and these costs do not differ from the basic rate.
3. PRICE OF GOODS AND TERMS OF PAYMENT
3.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
in cash at the seller’s headquarters at Street, No., Zip Code, City;
in cash on delivery at the place specified by the buyer in the order;
by non-cash transfer to the seller’s account No. 3212065002/5500, maintained at Raiffeisenbank (hereinafter referred to as the “seller’s account”);
and if activated:
cashless via the payment system listed on the payment page,
cashless by payment card;
in cash on delivery at the place specified by the buyer in the order;
by non-cash transfer to the seller’s account No. 3212065002/5500, maintained at Raiffeisenbank (hereinafter referred to as the “seller’s account”);
and if activated:
cashless via the payment system listed on the payment page,
cashless by payment card;
3.2. Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
3.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable in advance or according to a specific agreement.
3.5. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
3.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the entire purchase price before the goods are sent to the buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
3.8. If it is customary in business relations or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice – to the buyer regarding payments made on the basis of the purchase contract. The seller is not a VAT payer. Tax document – the invoice is issued by the seller to the buyer and attached to the shipped goods as a handwritten document
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from, among other things, a purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods, which was irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of an audio or video recording or a computer program, if he violated their original packaging or if the file has already been sent to the buyer electronically.
4.2. If it is not a case mentioned in Article 4.1 of the terms and conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code within fourteen (14 ) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the day of acceptance of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the seller’s address or the seller’s e-mail address monika@monikaknezkova.name
4.3. In the case of withdrawal from the purchase contract according to Article 4.2 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned by the buyer to the seller within fourteen (14) days of delivery 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 returning the goods to the seller, even if the goods cannot be returned by the usual postal route due to their nature.
4.4. In the case of withdrawal from the purchase contract according to Article 5.2 of the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees to this and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.
4.5. The seller is entitled to unilaterally offset the claim for payment of damage caused to the goods against the buyer’s claim for a refund of the purchase price.
4.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
5.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
5.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.
5.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.
6. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
6.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
6.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 paragraph 1 letter e) of the Civil Code.
6.3. The seller handles consumer complaints via the electronic address: monika@monikaknezkova.name. The seller will send information about handling the buyer’s complaint to the buyer’s email address.
7. PROTECTION OF PERSONAL DATA
7.1. Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the “GDPR regulation”) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the seller’s public law obligations is fulfilled by the seller by means of a special document.
8. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
8.1. The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws (the Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or phone number of the buyer. The seller fulfills its information obligation towards the buyer in accordance with Article 13 of the GDPR regulation related to the processing of the buyer’s personal data for the purpose of sending business communications through a special document.
8.2. The buyer agrees to the storage of so-called cookies on his computer. In the event that it is possible to make a purchase on the website and to fulfill the seller’s obligations from the purchase contract without so-called cookies being stored on the buyer’s computer, the buyer can withdraw the consent according to the previous sentence at any time.
9. FINAL PROVISIONS
9.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal order, from which it is not possible to deviate contractually, and which, in the absence of the choice of law, would otherwise be applied according to the provisions of Article 6, paragraph 1 of the Regulation of the European of the Parliament and the Council (EC) No. 593/2008 of 17 June 2008 on the law governing contractual obligations (Rome I).
9.2. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
This is a general translation.
In Prague on: 05/05/2022
Monika Knežková