Terms and Conditions
Terms and Conditions
Operator: Jan Karbusický, IČ 13825941
For sale of goods through the e-shop www.csfotoobchod.cz
I. General provisions
1.1. These Terms and Conditions (abbreviated to OP) Jan Karbusický, Company Identification Number 13825941 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter "Purchase Agreement") concluded between the Seller and another A legal person who is not an entrepreneur and does not act in the course of his business activity and is a consumer according to Section 419 of Act no. 89/2012 Coll. (Hereinafter referred to as the "Buyer") via the seller's internet shop. The e-shop is operated by the seller at www.csfotoobchod.cz. The Business Terms also govern the rights and obligations of the parties in using the Seller's Web Site located at www.csfotoobchod.cz. When concluding so-called consumer contracts and the obligations arising out of them in accordance with the provisions of Section 1810 of Act No. 89/2012 Coll., The Civil Code (hereinafter referred to as the "Civil Code").
1.2. Business terms and conditions apply mutatis mutandis to cases where a person who intends to buy goods from a seller acts in the course of his business. In such a case, however, the provisions binding pursuant to Act No. 89/2012 Coll. For relations between entrepreneur and consumer and entrepreneurs, or their expression according to these business conditions.
1.3. Contact details of the seller:
E-mail address: firstname.lastname@example.org
Phone: +420 722 006 966
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language. The seller may change or supplement the terms of the business terms. This provision is without prejudice to rights and obligations arising during the period of validity of the previous version of the terms and conditions.
1.5. Every buyer is required to become acquainted with the seller's business terms and conditions. By making an order, irrespective of its form, the buyer confirms that he has become acquainted with these terms and conditions, agrees with them and confirms that the purchase will be realized at the seller. Any purchase of goods purchased outside the Czech Republic must be handled individually by the buyer and the seller.
2. Order, Purchase Agreement, Price, Payment Terms
2.1. Buying in the seller's e-shop is possible without registration or after registering and setting up a user account. In the case of a purchase after the registration and establishment of the user, additional rights may arise to the buyer. The purchaser is not entitled to allow the use of the user account to third parties. Seller may immediately cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer breaches his obligations under the sales contract (including business terms). Buyer is obliged to follow the ordering and purchase procedure. In the event of a breach of this obligation, the seller is entitled not to accept the order and not to do so.
2.2. When registering on a web site and ordering goods, the buyer is obligated to provide all the information correctly and truthfully. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by username and password. The Buyer is required to maintain confidentiality regarding the information necessary to access his / her User Account and to be careful about storing such information, taking note that the seller is not liable for breach of these obligations by the Buyer.
2.4. Buyer acknowledges that the buyer's e-shop and user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the vendor, Necessary maintenance of third party hardware and software.
2.5. The e-shop contains a list of the goods offered for sale by the seller, including the prices of the individual goods offered, as well as details of the characteristics of the goods, the way they are used, the maintenance and the dangers arising from their misuse or maintenance unless such facts are obvious, Or generally known. The prices of the goods offered are listed including value added tax and all related fees, excluding valuables. The offer of the sale of goods and the prices of these goods remain valid for the time they are displayed in the e-shop. This provision does not limit the possibility of the seller to conclude the purchase contract under individually negotiated conditions. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods in particular in the event of stock depletion.
2.6. The e-shop also contains information on the costs associated with packing and delivery of goods. Information on the costs associated with the packaging and delivery of the goods is valid only in cases when the goods are delivered within the territory of the Czech Republic.
2.7. To order the goods, the buyer will fill in the order form. In particular, the order form contains information about the ordered goods (the ordered goods are placed by the buyer in the electronic shopping cart in the e-shop), the method of payment of the purchase price of the goods, the information on the required delivery method of the ordered goods, the information about the possible discounts, the information on the costs of delivery Merchandise and information to enable unambiguous identification of the buyer and the address to which the goods are to be delivered, if different from the buyer's address, telephone and buyer's email (collectively referred to as the "order").
2.8. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "finish order" field. The information given in the order is considered correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the Buyer by e-mail, to the Buyer's e-mail address specified in the Purchase Order (hereinafter referred to as the "Buyer's Electronic Address").
2.9. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone), depending on the nature of the order (eg quantity of goods, purchase price, estimated transport costs).
2.10. The contractual relationship between the seller and the buyer arises through the delivery of the order, which is sent to the buyer by the buyer. The Buyer acknowledges that Seller is entitled to withdraw from the Purchase Agreement if the Purchaser orders it from the Purchaser who has breached substantially any of its obligations in relation to the Seller.
2.11. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
2.12. The buyer may pay the buyer to the price of the goods and any costs associated with the delivery of the goods under the sales contract in the following ways:
By wire transfer to Seller's account via ThePay Payment Gateway
Payment card via ThePay payment gateway
2.13. Together with the purchase price, the buyer is also required to pay the seller the costs associated with the packaging and delivery of the goods at the agreed amount, as ordered. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods are further understood. The mode of transport is chosen by the buyer when ordering the goods and before sending the order to the seller. Transport is possible via the Czech Post or the contractual carrier. Personal delivery must be expressly agreed upon. By choosing the appropriate mode of transport, the buyer also agrees with the price of the selected mode of transport. The transport will be carried out in accordance with the applicable transport regulations of the Czech Post Office a.s. or the contractual carrier. In the case of transport through a contractual carrier, the buyer will be notified by the contracting carrier of the date of delivery of the shipment. In the case of delivery of the work through Czech Post a.s. Or through the contract carrier, the buyer is obliged to confirm the receipt of the delivered mail to the carrier and to examine the consignment according to its possibilities.
2.14. If the seller is required to deliver the goods in the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods. If the buyer does not accept the goods when delivered, the seller is entitled to claim a storage fee of CZK 200 (in words: two hundred Czech crowns) and the seller is entitled to withdraw from the purchase contract.
2.15. In the case of cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within five business days of the purchase contract being concluded.
2.16. In the case of non-cash payment, the buyer is required to pay the purchase price below the specified variable payment symbol. In the event of a breach of this obligation, the purchase price is not considered to have been duly paid as it is not in a position to assign the payment made to the order made. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
2.17. The Seller is entitled, in particular, in the event that the buyer does not receive an additional confirmation of the order, request the payment of the full purchase price before the goods are dispatched to the buyer.
2.18. Any discounts on the price of goods provided by the seller to the buyer can not be combined or added together.
2.19. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - the invoice is issued by the seller to the buyer after the goods have been paid and sent together with the goods or sent electronically to the buyer by the e-mail address given by the buyer. The buyer expressly agrees with this.
2.20. Upon receipt of 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 without undue delay. In the event of a violation of the package indicating unauthorized entry into the consignment, the buyer does not need to take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the shipment of the consignment containing the goods was intact.
2.21. In the event of a Purchaser's request made within 14 calendar days of purchase, the seller is entitled to replace unused and undamaged goods and replace it in the original package. The exchange of goods is not a legal claim and the execution of the exchange depends purely on the decision of the seller. All purchasers in the case of goods transporting the goods between the seller and the buyer and the package are in the same case if the request for exchange is not accepted.
3. Withdrawal from the Purchase Agreement
3.1. The Buyer notes that under the provisions of Section 1837 of Act No. 89/2012 Coll., The Civil Code may not withdraw from the purchase contract in the cases specified herein, in particular in the case of the supply of goods which have been modified according to the buyer's wishes or for himself , In the case of the supply of perishable goods as well as goods which have been irreversibly mixed with other goods after delivery, the supply of goods in sealed packaging which the buyer has removed from the packaging and which can not be returned for hygienic reasons, Recordings, or a computer program, plugins if the mail has been opened, and extras downloaded online (Presets and Actions), or deliveries of newspapers, books, periodicals, or magazines.
3.2. If the case is not referred to in Article 3.1 or if another case can not be withdrawn from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code, up to fourteen (14) calendar days after receipt of the goods. The withdrawal period is deemed to have been retained if the purchaser sends a notice to the seller that he is withdrawing from the contract. The buyer may withdraw from the sales contract, inter alia, to the address of the seller's premises or to the seller's e-mail address specified above.
3.3. If the buyer withdraws from the purchase contract, he shall send or hand over to the seller, without undue delay, no later than 14 days after withdrawal of the contract the goods he has received from him, including all his components and accessories. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.
3.4. Within 15 (15) business days of returning the goods to Buyer in accordance with Article 3.3. The seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
3.5. In the event of withdrawal under Article 3.2. The Seller shall return all funds to the Buyer insofar as the cost of delivery of the goods returns the Buyer to such costs only in the amount corresponding to the cheapest cost of delivering the goods offered by the Seller without undue delay within 14 days of withdrawal from the contract Subject to the condition that the seller is not obliged to return the received funds to the buyer before the buyer delivers the goods or to prove that he has sent the goods to him.
In the case of a buyer's withdrawal from the contract, pursuant to Article 3.2, the buyer shall bear the costs of returning the goods if these goods can not be returned by their normal postal route.
The funds are returned to the buyer in the same way they are received by the buyer, but most often non-cash on the account specified by the buyer.
3.6. The Buyer acknowledges that if the Goods returned by the Buyer are damaged, worn or partially consumed, the Buyer is entitled to an impairment claim against the Buyer. The seller is entitled to offset the claim for impairment of the value against the buyer's claim for repayment of the purchase price.
3.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a clause that if the consumer withdraws from the purchase contract, the gift agreement is lost and the buyer is obliged to return the goods together with the seller Provided gift.
4. Liability for defects, Warranty
4.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the applicable generally binding regulations (in particular the provisions of Section 2158 et seq. Of the Civil Code).
4.2. If the buyer has defects in the event of defects within the meaning of Section 2161 (1) of the Civil Code, the seller is responsible for that.
4.3. The buyer is entitled to claim the right to a defect that occurs on consumer goods within twenty-four months of its receipt, except in the case of a defect for which a lower price has been agreed for the goods, as well as a defect in the wear of the goods By normal use, of a defect in the goods used constituting the appropriate degree of use or wear and tear of the goods at the time of its takeover by the purchaser and, if so, by the nature of the goods. The right of defective performance of the buyer does not belong if the buyer knew before the takeover of the thing that the thing was defective or if the buyer caused the defect himself.
4.4. Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address at his / her address.
5. Other rights and obligations
5.1. The buyer acquires ownership of the purchased goods by its takeover. The moment the goods are taken over to the buyer, there is a risk of damage to the goods.
5.2. The buyer notes that all the photos displayed in the online store are only illustrative and the color difference between the representation of the goods in the photograph and the actual color version may be different. This color difference is not a defect.
5.3. The buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the ecommerce web interface store when using the e-shop. E-shop may only be used to the extent that it is not at the expense of the rights of other customers of the seller and which is in accordance with its intended purpose.
5.4. Buyer acknowledges that the seller is not responsible for any errors resulting from third-party actions on a website, e-shop, or as a result of the use of a website contrary to their designation.
6. Privacy and Sending Business Messages
6.1. Protection of the personal data of the purchaser, who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
6.2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, age and gender (collectively referred to as "personal data").
6.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement, for the purpose of maintaining the User Account and for the purpose of sending information and commercial communications to the Purchaser.
6.4. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering) correctly and truthfully and that he is obliged to inform the seller of any change in his or her personal data without undue delay.
6.5. The seller may authorize the third party to process the buyer's personal data as processor. In addition to persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer's prior consent.
6.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
6.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
6.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out processing of his or her personal data that is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with regard to For the purpose of their processing, may:
6.8.1. Ask the seller or processor for an explanation,
6.8.2. Require the seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, adding or deleting personal information. If the buyer's request under the previous sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Office for Personal Data Protection directly. This provision is without prejudice to the purchaser's right to contact the Office for Personal Data Protection directly with his complaint.
6.9. If the buyer requests information on the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous clause to request reasonable compensation not exceeding the costs necessary to provide the information.
6.10. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and agrees to send the sales announcements to the buyer's email address.
7. Final provisions
7.1. Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account.
7.2. If the relationship related to the use of the website and the purchase of the goods includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to consumer rights resulting from generally binding legal regulations.
7.3. If any provision of the Terms of Business is invalid or ineffective, or if it happens, instead of invalid clauses, a provision will be put in place to the point where the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require written form.