based in Helvíkovice 123, 564 01 Žamberk, Czech Republic
identification No.: 87752263
The company is registered in Trade register in Žamberk
for the sale of goods through an online shop located on the web address www.malovaneozdoby.cz
1. Introductory provisions
1.1. These trading terms of Jarmila Matyášová company (further mentioned only as „Trading terms“) based in Helvíkovice 123, 564 01 Žamberk, Czech Republic, identification No. 87752263, listed in the Trade register in Žamberk (further only as „the Seller“) adjusts contractors mutual rights and duties of contractors formed in context or based on the purchase contract (further mentioned only as „the purchase contract“) closed by the Seller and another individual or corporation (further mentioned only as „the Buyer“) through the internet shop of the Seller. The internet shop is run by the Seller on the internet adress www.malovaneozdoby.cz through a web interface (further mentioned only as „the web interface“).
1.2. The trading terms further adjusts the rights and the duties of contractors when using the web page of the Seller located on the internet adress www.malovaneozdoby.cz (further mentioned only as „the Web site“) and other related legal relationships.
The trading terms does not relate to cases when the person which intends to buy the goods from the Seller does so within the scope of his own business activity.
1.3. Regulations that are different from the Trading terms may be arranged in a Purchase contract. If regulations in Trading terms and the Purchase contract differes, the ones listed in the Purchase contract are superior.
1.4. Regulations of the Trading terms are integral part of the Purchase contract. The purchase contract and the Trading terms are in English language. The Purchase contract can be issued in Czech language.
1.5. The wording of the Trading terms can be edited or updated by the Seller. The rights and duties resulting from contracts closed before are not affected by this regulation.
2. User Account
2.1. The Buyer can acess their user interface by registering on the Sellers Web site. The Buyer can order goods through theirs user interface (further mentioned only as „the User account). Web site also allows the Buyers to place an order without the registration on the Web site.
2.2. When registering on the Web site and when ordering the goods the Buyer is obliged to enter correct and complete data. May the data listed in the User account change, the Buyer is obliged to update them immediately. The data entered by the Buyer within the registration process are considered as true by the Seller.
2.3. Acess to the User account is protected by the password. The Buyer is obliged to keep the acess informations secret and takes due note of the fact that the Seller is not responsible for the breach of this regulation by the Buyer and following consequences.
2.4. The Buyer is not entitled to allow other persons use his User account. Such a behavior is strictly restricted by the Seller.
2.5. The Seller is entitled to cancel any User account that haven´t been in use for more than 12 months or in a case that the User account owner breaks the Trading terms or the Purchase contract.
2.6. The Buyer takes due note of the fact that the User account does not have to be constantly accesible and that especialy with the regard to essential maintance of hardware and software equipement of the Seller, eventualy of hardware and software of thirs parties.
3. Conclusion of a Purchase Order
3.1. The web interface of the shop includes the goods offered by the Seller for a sale and that including the prices of each offered product. The prices of offered products are listed including all relating fees. The offer of the goods and prices are valid for the time they are published in web interface of the shop. This regulation does not limit the possibility of the Seller to form a contract with unique conditions. All of the offers placed on the web interface of the shop are not binding and the Seller is not obliged to form the Purchase contract for the goods.
3.2. The web interface of the shop includes information regarding the packing and delivery costs of the goods. The information regarding the packing and delivery costs are valid only for the country assigned in the web interface of the shop. The prices of transport to other countries than Czech republic are not binding and may be changed by the Seller. The Seller is obliged to inform the Buyer in a case the transport costs are changed. In such a case the Buyer is entitled to avoid the Purchase contract wihtout any fines and fees.
3.3. For the purchase of the goods the Buyer fills in the purchase form published on the web interface of the shop. The purchase form (further mentioned only as „the Order“) above all includes the information regarding the goods that’s being ordered (the Buyer „inserts“ the goods to his purchase cart in the web interface of the shop), payment method of the purchase price, information regarding the chosen delivery method and information regarding costs related with the packing and delivery of the goods.
3.4. The Buyer is allowed to edit and correct the information they‘ve entered into the Order before it is sent to the Seller with the respect to the Buyers possibility of checking the data inserted in the ordering process. The Buyer sends the Order to the Seller by clicking the „Submit order“ button. The information listed in the Order are considered by the Seller as correct and complete. The Seller shall confirm the reception of the Order to the Buyer within 2 working days by an e-mail sent to the adress entered by the Buyer in the User account or the Order (further mentioned only as „the E-mail adress of the Buyer“).
3.5. The Seller is always entitled to ask for additional order confirmation (by a telephone or an e-mail) with respect to the nature of the Order (number of the ordered pieces, height of the price or transport costs).
3.6. The contractual relation between the Seller and the Buyer comes into existance by the Buyers acceptance (confirmation) of the Order. This confirmation is sent to the E-mail adress of the Buyer.
3.7. The Buyer takes due note of the fact that the Seller is not obliged to accpet the Order from persons or corporations, especialy from persons or corporations that have violated the Trading terms or the Purchase contract of the Seller.
3.8. The Buyer agrees with the use of long-range communication instruments when forming the Purchase order and the Order. The costs originated by the use of such instruments by the Buyer are paid by the Buyer (internet and telephone bills).
4. Price of Goods and Payment Conditions
4.1. The price of the goods and eventual costs related with the delivery of the goods can be paid by the Buyer to the Seller by following means:
- Bank transfer to the Sellers bank account No. 2600217034/2010, established at FIO BANKA a.s. (further mentioned only as „the Sellers bank account“).
- Cash on delivery (C.O.D.) in the place designated by the Buyer in the Order.
4.2. The Buyer is obliged to pay the packing and delivery costs together with the price of the goods. If not stated otherwise the Purchase price consists of the price of the goods, the packing and delivery price.
4.3. In case of cash payment or C.O.D. payment the Purchase price ammount of due is the day of delivery. In the case of bank transfer the Purchase price ammount of due is 10 days after conslusion of a Purchase order.
4.4. In a case of bank transfer the Buyer is obliged to pay the Purchase price and state the correct variable symbol for the payment and this obligation is fullfilled by the moment when the transfered ammount reaches the Sellers bank account.
4.5. The Seller is entitled to require payment before expediting the goods when the Buyer pays via bank transfer.
4.6. Possible sales of that the Seller offers in the shop can not be combined with each other if not stated otherwise.
4.7. May it be usual in the busniess relation or may it be determined by generaly binding legal enactment, the Seller shall issue an ivoice based on the Purchase contract to the Buyer. The Seller is not a VAT payer. The Invoice will be issued by the Seller to the Buyer when the Buyer pays the Purchase price or right afterwards and will send it to the the E-mail adress of the Buyer.
5. Avoidance of a Contract
5.1. The Buyer takes into due note that by the regulation § 53 col. 8 law No. 40/1964 of the Civil Code subsenquentely ammended (further mentioned only as „the Civil code“) the Buyer cant avoide a contract for a goods that had been modified due to the Buyers wish.
5.2. If its not a case stated at the article 5.1. or any other case when the Buyer can’t avoide the contract, the Buyer has by the regulation § 53 col. 7 of the Civil code the right to avoid the Purchase contract within 14 days since the succesful goods delivery to the Buyer. The avoidance of the Purchase order must be demonstrably delivered to the Seller within 14 days since the succesful goods delivery to the Buyer and it has to be delivered by mail to the Sellers Premises or to e-mail adress of the Seller.
5.3. In a case of contract avoidance in the means stated in article 5.2. of the Trading terms the Purchase contract is completely canceled from the moment of its origination. The goods must be returned to the Seller within 14 working days since origination of the avoidance. The goods must be returned to the Seller undamaged and not used and also if possible in an original packing.
5.4. In a probation of 10 days since the return of the goods by the Buyer in the means stated in articel 5.3 of the Trading terms the Seller is entitled to check the goods especialy for damage, use or partly consumpted.
5.5. In a case of contract avoidance in the means stated in article 5.2. of the Trading terms the Seller returns the Buyer the ammount of money equal to the Pruchase price excluding the packing and transport costs. The Seller has a probation of 10 days since he checked the goods against damage, use or partial consumption to return the money to the Buyer with a respect to the article 5.4. of the Trading terms. The return of the money will be done through bank transfer to the account designated by the Buyer. The Seller is also entitled to return the money in cash.
5.6. The Buyer takes due note of the fact that if the returned goods is damaged, used or partly consumpted, the Seller is entitled to require compensation for the damage, use or partial consumption. The Seller is entitled to deduct the compensation for damage or the contractory fine from the ammount of money returned to the Buyer.
6. Goods Transport and Delivery
6.1. The method of goods delivery is designated by the Seller if not stated otherwise in the Order or the Purchase order. In the case the method of transport is chosen by the Buyer than the Buyer is liable for any risks and additional costs resulting from this transport method.
6.2. If the Seller is due to the Purchase contract obliged to deliver the goods to a place designated by the Buyer in the Purchase contract or in the Order than the Buyer is obliged to take over the goods when delivered. If the Buyer does not take over the goods when delivered, the Seller is entitled to demand a fine of 100,- CZK for storage and the Seller is also entitled to avoide the Purchase contract.
6.3. In a case that the goods has to be delivered repeatedly or by a different method than stated in the Order or the Purchase contract because of obstruction on the Buyers side than the Buyer is obliged to pay any additional costs resulting from such situation.
6.4. The Buyer is obliged to check the sealing of the package and the package itself against damage and in case of any defects the Buyer is obliged to immediately inform the transport company. In case of unsealed or damaged package the Buyer is entitled to refuse the take over of the goods. The Buyer confirms that the package reached him sealed and undamaged in a condition resulting from the Order and the Purchase order by singing the delivery list of the transport company. Later complaints regarding the state of the package will be refused after the delivery list has been signed.
6.5. Other rights and duties of the contractors regarding the transport of the goods may be adjusted by the Delivery conditions of the Seller.
7. Liability for Defects and Guarantee
7.1. The rights and duties of the contractors regarding the Seller’s liability for defects including the guarantee liability abides appropriate generaly binding legal enactment (especialy § 612 and following articles of the Civil code).
7.2. The Seller is responsible to the Buyer for the fact that the goods conforms the Purchase contract and the Order and that it is wihtout defects, eventualy that the defects are stated in the Purchase contract and the Order. The conformity with the Purchase contract and the Order means that the goods to be sold have the quality grade and usable characteristics required and defined in the Purchase contract and the Order by the Seller, Manufacturer or Local dealer or have defects and usuable characteristics that should be expected due to the advertisment made by the Seller or have any defects or usable charachteristics that are usual for such a kind of goods and it means as well that the quality grade and usable charachteristics conform appropriate law regulations in the designated quantity, measure or weight and that it corresponds with the purpose of use stated by the Seller or with the purpose of use usual for such a kind of goods.
7.3. In a case that the goods does not correspond with the Purchase contract or the Order (further mentioned only as „Contrariety to the contract“) the Buyer is entitled to request the Seller to immediately and free of charge bring the goods to the shape according to the Purchase contract or the Order and that in accordance with the Buyers choice by means of goods repair or exchange. If this is not be possible than the Buyer may demand adequate price deduction or may avoid the Purchase contract. Previous sentence does not apply when the Buyer knew about the Contrariety to the contract while or before taking over the goods or in a case that the Buyer caused the Contrariety to the contract himself. Contrariety to the contract which comes out within 6 months since the day of delivery is considered as a Contrariety existing in the moment of delivery unless it opposes the character of the goods or unless the contrary is proven.
7.4. If the goods haven’t been used than the Seller is liable for defects that comes out as a Contrariety to the contract during the guarantee period.
7.5. The rights of the Buyer results from the Sellers liability for defects including the guarantee liability of the Seller can be claimed by the Buyer at the Sellers Premises.
8. Other Rights and Duties of Contractors
8.1. The Buyer becoms the Owner by paying whole Purchase price of the goods.
8.2. The Buyer takes due note that the software equipment and any other parts forging the Web interface (including photos of the goods) are protected by the Copyright. The Buyer pledhes themselve that he will not excersice activity that might them or any other third party allow to use, edit, delete or update the Web interface or its parts without the Sellers authorization.
8.3. The Buyer is not entitled to use mechanisms, software or other processes that might have a negative impact on the Web interface and its functions. It is restricted to use the Web interface in any way that might or would lead to any kind harm, damage or loss to other customers of the Seller or to the Seller itself and it is restricted to use the Web interface in any mean besides the means it was designed for.
8.4. The Seller is not binded by any ethics code in the meaning of the regulation § 53a col. 1 of the Civil code.
8.5. The Buyer takes into due note that the Seller is not liable for any errors, faults or mistakes incurred by an encroachment to the Web interface of any third party or caused by a misuse of the Web interface (including use for any other purpose than the Web interface was originaly designed for).
9. Personal Data Protection and Distribution of Commercial Messages
9.1. The protection of a Buyers personal data who is an individual, is conforms with the law No. 101/2000 Sb. regarding the protection of personal data subseqentely ammended.
9.2. The Buyer agrees with the procession of following personal data by the Seller: name and surname, adress, company identification number, VAT number, e-mail adress and telephone number (further mentioned only as „the Personal data“).
9.3. The buyer agrees with the procession of the Personal data by the Seller for the purpose of execution of the rights and duties resulting from the Purchase contract and the Order and for the purpose of distribution of the Sellers commercial messages to the Buyer.
9.4. The Buyer takes into due note that they are obliged to hand over only complete and correct personal data to the Seller. May the Personal data of the Buyer change than the Buyer is obliged to immediately inform the Seller it.
9.5. The Seller may authorize a third party to process the personal data of the Buyer. The Personal data will not be provided to any other third party than the Personal data complier and the transport company without previous agreement of the Buyer.
9.6. The personal data will be held for unlimited ammount if time. The Personal data will be processed in an electronic form by an automated method or in a printed form by a non-automated method.
9.7. The Buyer confirms that the Personal data provided to the Seller are complete and correct and that the Buyer provides the data willingly. The Buyer proclaims that he was instructed about the procesion of the Personal data and about the possibility of cancelation the agreement with the procession of theirs Personal data in a written form delivered to the E-mail adress of the Seller or to the address of his Premises.
9.8. In a case that the Buyer supposes the Seller or the complier (article 9.5.) carries out the data procession out of accordance with the Personal data and life protection of the Buyer or of accordance with any other law (especialy when the personal data are incomplete or incorrect) than the Buyer is entitled to:
a) ask the Seller for an explanation
b) demand that the Seller fixes the situation immediately – this includes block, correction, update or removal of Buyers Personal data from the Sellers database. If the demand of the Buyer has been found duly justified than the Seller or the Personal data complier immediately solves the situation by the Buyers choice. If the Buyer or the Personal data complier do not gratify the Buyer than the Buyer is entitled to turn to Office for the Personal Data Protection. This article does not affect the right of the Buyer to contact the Office for the Personal Data Protection immediately and directly.
9.9. If the Buyer asks about his Personal data procession than the Seller is obliged to answer the Buyers question promptly. The Seller is entitled to charge the Buyer with an adequate price not exceeding the costs he had for providing the requested information regarding Buyers Personal data as stated in previous sentence.
9.10. Confidentiality of personal data does not apply to cases where such information is requiree by any of the control and security authorities of the Czech Republic.
9.11. The buyer agrees with receiving the Sellers commercial messages offering the Sellers goods, services or business that the Buyer deliveres to the E-mail adress of the Buyer.
10.1. If not agreed otherwise all the correspondence regarding the Purchase contract and the Order must by delivered in writing to the other contractor by means of an e-mail or of a written letter (by choice of the sender). The documents will be delivered to the adress the Buyer stated in his User account.
10.2. The message is considered delivered when:
- the email reached the mailbox of the recievers mail server for incoming messages. The message integirity can be guaranteed by a certificate.
- take-over of the message by the reciever or by the person encharged by the reciever happens
- refusal of take-over of the message by the reciever or by the person encharged by the reciever happens
- the message has not been taken-over by the reciever or by a person encharged by the reciever and the message has been deposited for 10 days since the first attempt of deliverance (this rule applies even when the reciever has not been informed about deposition of the message)
11. Final Provisions
11.1. If the relationshiop related to the use of the Web site or a law relationship based on the Purchase contract includes any international (or foreign) element, than the contracting parties agrees that the relationship follows Czech law. This regulation does not affect the rights of a consumer resulting from generaly binding law regulations.
11.2. The Seller is entitled to sell the goods on the base of Trade certificate and the activity of the seller is not subject of other business. The trading inspection is done by appropriate local Trading office.
11.3. If any of regulations included in these Trading terms become invalid or ineffective, than it is replaced by a regulation whereof its sense is the most similar. Invalidity or ineffectivity of one regulation does not affect validity or effectivity of any other regulation. Changes and ammendemnts of the Purchase contract or the Trading terms demand the writing form.
11.4. The Purchase contract and the Trading terms are archived in an electronic form by the Seller and is not accesible.
11.5. Contacts of the Seller:
adress for deliveries:
564 01 Žamberk
- E-mail address: email@example.com
- Phone: 00420 732 304 002
In Helvíkovice 1.2.2012