Of the “DVOŘÁK – svahové sekačky s.r.o.“ company
With a registered address at Pohled 277, Pohled, 582 21
Identification Number: 26013797
Registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Insert 20148
Authorized to sell goods through their online store that can be found at the following internet address: www.svahova-sekacka.cz
1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) adopted by the “DVOŘÁK – svahové sekačky s.r.o.“ company, registered at Pohled 277, Pohled, 582 21, Identification Number: 26013797, Registered in the Commercial Register kept by the Regional Court in Hradec Králové, Section C, Insert 20148 (hereinafter referred to as the “Seller”) address, in accordance with the provisions set in Section 1751 (2), Act No. 89/2012 Sb., Civil Code, as amended (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contractual parties that have been created in connection with or as a result of a Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) made by and between the seller and another natural person (hereinafter referred to as the “Buyer”) by means of the online store owned by the seller. This online store, operated by the seller, can be accessed at the website www.svahova-sekacka.cz (hereinafter referred to as the “website”), by means of the website interface (hereinafter referred to as the “Web Interface of the Store”.
1.2. These Terms and Conditions cannot be applied in the following cases: if the person who wishes to purchase goods from the seller is a juridical person, or if the person who wishes to purchase goods from the seller acts in order to use these goods for his/her own business activity, or to exercise his/her own profession.
1.3. Provisions that are divergent from these Terms and Conditions can be agreed upon in the Purchase Agreement. Divergent provisions agreed upon in the Purchase Agreement take precedence over general Terms and Conditions.
1.4. Provisions set by these Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn in the Czech and English language. The Purchase Agreement can be also made in the Czech language.
1.5. The Seller is authorised to amend the Terms and Conditions. This provision does not affect any rights or obligations created while the previous version of the Terms and Conditions was in force.
2. User Account
2.1.Once registered on the website, the Buyer is authorised to log into his/her user interface. This user interface (hereinafter referred to as the “user account”) enables the Buyer to order goods. If the Web Interface of the Store enables it, the Buyer can also order goods as an unregistered customer. In such cases, the Buyer can order directly from the Web Interface of the Store.
2.2. While filling out the registration form and while submitting orders, the Buyer is obliged to enter all data correctly and truthfully. Should any data submitted in the User Account change, the Buyer is obliged to update them accordingly. The Seller shall consider all data provided by the Buyer in his/her User Account and during the process of submitting his/her order to be correct.
2.3. The access to the User Account is secured by means of a unique user name and passcode. The Buyer is obliged to treat all information pertaining to the access to his/her User Account as confidential.
2.4. The Buyer is not authorised to allow any third parties to use his/her User Account.
2.5. The Seller is authorised to terminate a User Account, particularly if the Buyer has not used his/her User Account over a period longer than 3 years, or if the Buyer breaches the provisions set in the Purchase Agreement (including the Terms and Conditions).
2.6. The Buyer is aware that his/her User Account may not be accessible at all times, particularly due to the fact the Seller, or a third party, may require some time to perform necessary maintenance procedures of the hardware/software utilities.
3. Making Purchase Agreement
3.1. All and any presentation of the goods displayed on the Web Interface of the Store are of the informative nature only, and the Seller is not obliged to make a Purchase Agreement pertaining to these goods. The provisions set in Section 1732 (2) of the Civil Code shall not apply.
3.2. The Web Interface of the Store includes information about the goods, including the pricing details pertaining to each item, and the costs that arise when some items are being returned, provided such items cannot be returned in the usual manner – through the postal service. The price of each item listed includes VAT, as well as all further associated taxes and fees. These listed prices of the goods remain valid for as long as they are displayed on the Web Interface of the Store. This provision does not prevent the Seller from making the Purchase Agreement that features individually negotiated terms and conditions.
3.3. The Web Interface of the Store also lists information on packing and shipping costs. All the details pertaining to packing and shipping that are listed on the Web Interface of the Store are valid only if the goods are being delivered within the Czech Republic.
3.4.Should he/she wish to order the goods, the Buyer needs to complete the order form that can be accessed on the Web Interface of the Store. The order form includes particularly the information on:
3.4.1.The goods that are being ordered (the Buyer needs to “put” the goods he/she wishes to order into the electronic shopping cart that can be accessed on the Web Interface of the Store,
3.4.2.The method of payment that is to be used while purchasing the goods, the data pertaining to the preferred method of delivery of the goods that are being purchased, and
3.4.3. The information on shipping costs (hereinafter referred to collectively as the “Order”).
3.5. Before the Order gets submitted and sent to the Seller, the Buyer has an option to check and change the data he/she has entered while filling out the order form. This gives the Buyer an opportunity to notice and correct any errors he/she may have made while completing the order form. Once these amends have been done, the Buyer shall send the Order to the Seller by pressing the “Confirm Order” button. The Seller shall treat all the data entered into the order form as correct. Upon receiving the Order, the Seller shall forthwith send a confirmation email to the Buyer. The Seller shall send this information to the Email Address the Buyer has entered into his/her User Account or into the correspondent order form (hereinafter referred to as the “Email Address of the Buyer”).
3.6. The Seller is always entitled to ask the Buyer for an additional confirmation of the Order, particularly when this is appropriate due to the nature of the Order (the quantity of the goods, the total price, the expected shipping costs). The Seller may ask for such confirmation e.g. in writing or via a telephone.
3.7. The Purchase Agreement between the Seller and the Buyer is made when the confirmation email (written to inform the Buyer that the Order has been accepted by the Seller) sent by the Seller is delivered to the Email Address of the Buyer.
3.8. The Buyer agrees that “long distance” means of communication are used to make the Purchase Agreement. All costs that will have incurred to the Buyer due to the usage of these “long distance” means to make this Purchase Agreement shall be covered by the Buyer himself/herself. Such costs do not diverge from the standard, basic rate.
4.1. In accordance with the provisions set in the Purchase Agreement, the Buyer may choose one of the following ways how to provide the Seller with the payment for the goods and further associated costs:
4.2. In addition to the purchase price of the goods, the Buyer is also obliged to cover the costs associated with the packaging and shipping. The payment for these additional costs that have been agreed upon in the Purchase Agreement shall be paid to the Seller together with the “regular” purchase price of the goods. Unless otherwise specified, the “total purchase price” shall also include these additional costs associated with the delivery procedures.
4.3. The Seller does not require the Buyer to pay any deposit or similar fees. This does not contradict Provision 4.6 of the Terms and Conditions pertaining to the obligation to make a payment for the goods in advance.
4.4. If some form of payment in cash (including the Cash on Delivery method) is selected, the purchase price of the goods shall be covered upon receiving these goods. If a cash-less payment is selected, the payment is due within 20 days of the moment the Purchase Agreement is made.
4.5. If the Buyer selects a cash-less payment, he/she is obliged to enter the variable payment symbol while completing the payment form. In the case of a cash-less payment, the purchase price is considered as settled when the corresponding sum of money is credited to the Bank Account of the Seller.
4.6. The Seller is entitled, particularly in the case the Buyer does not provide the additional confirmation pertaining to the Order (see Provision 3.6), to oblige the Buyer to provide the payment for the purchase price of the goods before these goods are dispatched to the Buyer. The provision listed in Section 2119 (1) of the Civil Code shall not apply.
4.7. No prospective discounts the Seller may provide to the Buyer can be used in conjunction with any other price reduction offers.
4.8. If it is customary to do so, or if such action is required by binding legal regulations, the Seller shall issue a tax document, i.e. an invoice, to the Buyer. This invoice shall list payment details made under the provisions of the Purchase Agreement. The Seller is a VAT payer. The Seller shall issue this invoice to the Buyer once the payment for the goods has been settled, and shall send it in the electronical form to the Email Address of the Buyer.
4.9. In accordance with the Registration of Sales Act, the Seller is obliged to provide the Buyer with a receipt. The Seller is also required to register the revenue received with the tax authority via the corresponding internet application; should a technical failure occur, the Seller is required to complete the registration process within 48 hours of receiving the revenue.
5.1. The Buyer is aware that, in accordance with the provisions set in Section 1837 of the Civil Code, it is not – inter alia – possible to withdraw from the Purchase Agreement pertaining to the shipment of goods that have been customized for him/her or in accordance with his/her wishes. It is also not possible to withdraw from the Purchase Agreement pertaining to perishables, or goods that have been irretrievably “mixed” with other goods. It is also not possible to withdraw from the Purchase Agreement pertaining to goods that are customarily shipped in a sealed package, provided these goods have been removed from these sealed packages by the consumer, thus becoming unfit to return for reasons of hygiene. It is also not possible to withdraw from the Purchase Agreement pertaining to a shipment of audio/video records or computer programmes, provided the package they were shipped in has been opened/damaged.
5.2. If none of prospective occurrences listed in Provision 5.1 apply, and if no other situation that would prevent withdrawal from the Purchase Agreement occurs, the Buyer has, in accordance with the provisions set in Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods; in the cases when the delivery of goods listed in the Purchase Agreement have been made in several shipment, this period starts on the day when the last delivery was completed. The formal withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the form provided by the Seller, which is attached to these Terms and Conditions. The Buyer may send the request for withdrawal from the Purchase Agreement to the Seller, among other options, to the address of the premises the Seller’s store is registered at, or to the Seller’s email address: firstname.lastname@example.org.
5.3. In the case the withdrawal from the Purchase Agreement is submitted in the manner described in Provision 5.2 of these Terms and Conditions, the Purchase Agreement shall be rescinded, backdating to the day it had been made. The Buyer is obliged to return the goods to the Seller within fourteen (14) days of the moment this withdrawal from the Purchase Agreement was delivered to the Seller. If the Buyer withdraws from the Purchase Agreement, he/she is obliged to cover any costs pertaining to the process of returning the goods to the Seller; this provision applies even in the cases when the goods cannot be returned through the postal service that is used customarily.
5.4. In the case the withdrawal from the Purchase Agreement is submitted in the manner described in Provision 5.2 of these Terms and Conditions, the Seller shall return the sum of money received in payment for the goods to the Buyer, and shall do so in the same manner the Buyer had initially used to pay this sum of money to the Seller. The Seller is also permitted to reimburse the money to the Buyer upon receiving the returned goods, or to do so in any other manner the Buyer has agreed with, provided this incurs no further costs for the Buyer to settle. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to reimburse the Buyer until the Seller has received the returned goods, or until the Buyer has proved the goods in question are being shipped back to the Seller.
5.5. The Seller is entitled to charge the Buyer for any damage to the goods, and to unilaterally deduct such damage claim costs from the sum of money originally paid for these goods that is to be reimbursed to the Buyer.
5.6. In the cases when the Buyer is, in accordance with the provisions set in Section 1829 (1) of the Civil Code, entitled to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time, and to do so until the moment the Buyer has received the goods. In such cases, the Seller shall, without any unnecessary delay, return the purchase price of the goods to the Buyer, and shall do so via a cash-less transfer to the bank account chosen by the Buyer.
5.7. If the Buyer is, in addition to the goods paid for, also provided with a gift, the donation agreement between the Seller and the Buyer is made, including a subsequent condition which states that should the Buyer withdraw from the Purchase Agreement, the donation agreement pertaining to such a gift shall be regarded as terminated, and that the Buyer is obliged to return this gift back to the Seller, together with the goods.
6.1. If the manner of shipping is based upon a special request submitted by the Buyer, the Buyer bears all associated risks, and is obliged to cover any additional costs that may arise in connection with this manner of shipping.
6.2. If the Purchase Agreements obliges the Seller to deliver the goods to a place specified by the Buyer in the corresponding Order, the Buyer is obliged to accept the shipment of goods upon its delivery.
6.3. If any reasons on the Buyer’s side make it necessary to deliver the goods repeatedly, or in a manner diverging from the one specified in the Purchase Agreement, the Buyer is obliged to cover any costs that arise from repeated attempts to deliver the goods, or from the need to deliver the goods in an alternative manner.
6.4. Upon delivery, the Buyer is obliged to check that the packaging of the goods has not been damaged. If there are any defects to the packaging, the Buyer is obliged to notify the carrier immediately. If there are any signs indicating an unauthorised attempt to open the consignment has been made, the Buyer is not obliged to accept this consignment from the carrier.
6.5. Any further rights and obligations pertaining to the transport of goods may be addressed by an agreement on additional shipping conditions requested by the Seller, provided the Seller issues such a list of additional conditions.
7.1. The rights and obligations of the Contracting Parties pertaining to the Rights Resulting from Faulty Performance follow provisions set by corresponding generally binding legal regulations, in particular by Sections 1914 through 1925, Sections 2099 through 2117, and Sections 2161 through 2174 of the Civil Code, and also by Act No. 634/1992 Sb., as amended, which addresses the issues pertaining to Consumer Protection.
7.2. The Seller guarantees to the Buyer that the goods are, upon delivery, free from flaws. In particular, the Seller guarantees to the Buyer, that upon the moment when the Buyer accepts the goods:
7.2.1. The goods have all the features the Contracting Parties have agreed upon; if no such features have been addressed in the agreement, the goods are expected to have all the features the Seller or the Buyer have specified, or all the features the Buyer has expected, considering the nature of these goods and the nature of advertisements these goods featured in,
7.2.2. The goods are suitable for the purpose described by the Seller, or for the purpose such goods are customarily used for,
7.2.3. The goods meet the quality standards that have been previously indicated or demonstrated in the sample proposal, provided the required quality standards have been based upon previous proposals,
7.2.4. The goods meet the criteria of expected amount, extent, or weight, and
7.2.5. The goods meet the criteria requested by legal regulations.
7.3. Conditions listed in Provision 7.2 of these Terms and Conditions shall not apply to goods that are intentionally sold for a lower price due to the fact they are known to feature certain flaws, or to a certain level of wear and tear that has occurred to the goods while these goods were being used for the purpose they were intended for, or, in the case of previously used, second-hand goods, these conditions shall not apply when addressing flaws or defects that have arisen from the previous use of these goods that were already present at the moment the Buyer accepted the delivery of such second-hand goods. The shall also not apply to addressing “natural” flaws and defects that correspond to the nature of the goods.
7.4. If a defect or a flaw manifests itself within six months of accepting the delivery of the goods, it shall be assumed these goods were already defective upon delivery. The Buyer is entitled to his/her Rights Resulting from Faulty Performance, should a defect or flaw manifest itself within twenty-four months of the acceptance of the delivery of the goods.
7.5. The Buyer may claim his/her Rights Resulting from Faulty Performance at the Seller’s business premises, provided such premises are suitable to accept such warranty claim due to the nature of the goods in question, or at the premises where the Seller’s main offices is registered at.
7.6. Any further rights and obligations of the Contracting Parties pertaining to the Seller’s guarantee for prospective flaws or defects may be addressed by the Seller’s Return Policy.
8.1. The Buyer comes to the possession of the goods by paying the full purchase price of these goods.
8.2. No code of conduct, as understood under the provisions listed in Section 1826 (1) e) of the Civil Code, binds the Seller to the Buyer.
8.3. The Seller shall address the consumers’ claims through the following email address: email@example.com. The information about the processing of each respective claim shall be sent by the Seller to the Email Address of the Buyer.
8.4. Amicable settlements of consumers’ complaints may be mediated through the Czech Trade Inspection Authority, registered at Štěpánská 567/15, 120 00 Praha 2, IN: 00020869, internet address: https://adr.coi.cz/cs. There is a platform that enables to settle disputes online, it may be accessed at the following internet address: http://ec.europa.eu/consumers/odr, and it may be used by both the Seller and the Buyer who made a Purchase Agreement.
8.5. Consumers’ disputes may be also addressed by the European Consumer Centre Czech Republic, registered at Štěpánská 567/18, 120 00 Praha 2, internet address: http://www.evropskyspotrebitel.cz. This Centre is the place to be contacted, in accordance with the Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 that addresses Consumer Disputes that are to be settled online, and that amends Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.6. The Seller is authorised to sale goods as a result of being a holder of a Trade Licence. The system of Trade Licences is supervised by corresponding Trade Licensing Offices. The appropriateness of the level of data protection is supervised by the Office for Personal Data Protection. The Czech Trade Inspection Authority is, inter alia, responsible for the supervision of the observance of Act No. 634/1992 Sb., as amended, on Consumer Protection.
8.7. The Buyer is obliged to assume the risk of the prospective change of the conditions, as set in the provisions of Section 1765 (2) of the Civil Code.
9.1. The Seller is obliged to use a special document to fulfil the obligation towards the Buyer, as set by the Art. 13 of the Regulation (EU) 2016/679, pertaining to the processing of personal data and the free movement of such data, and to repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as “GDPR”). This Regulation addresses the issue of the processing of personal data of the Buyer for the purposes pertaining to the completion of the Purchase Agreement, or the negotiations about the Purchase Agreement.
10.1. In accordance with Section 7 (2) of the Act No. 480/2004 Sb., on certain information society services and amendments to certain Acts (Act on certain information society services), as amended, the Buyer agrees he/she will be willing to receive certain business announcements sent by the Seller, either in forms of emails or calls/text messages, he/she will be receiving on his email address or his/her phone number, respectively. The Seller is obliged to use a special document to fulfil the obligation towards the Buyer, as set by the Art. 13 of the GDPR, pertaining to the processing of the personal data of the Buyer for the purpose of sending business announcements to the Buyer.
10.2 The Buyer agrees that so-called “cookies” shall be stored on his/her computer. If it is possible to complete the purchase the process on the Website and fulfil all the obligations set by the Seller under the terms of the Purchase Agreement without having these co-called “cookies” stored on his/her computer, the Buyer may withdraw his/her consent to store “cookies” (described in the previous sentence)
11. Delivery Conditions
11.1. The information pertaining to the goods, services, or other business announcements may be delivered to the Email Address of the Buyer.
12. Final Provisions
12.1. If a relationship based upon the Purchase Agreement contains an international (foreign) element, the Contracting Parties agree that this relationship shall follow Czech legal provisions. This choice to follow legal provisions mentioned in the previous sentence does not mean the Buyer, who is also a consumer, ceases to be protected by legal provisions that cannot be side-stepped by the provisions set in the Purchase Agreement, and that would be, should no other legal provisions be adhered to, used in accordance with Art. 6 (1) (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008, on legal provisions applicable to contractual obligations (Rome I).
12.2. If any provision of these Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision shall be introduced to take place of an invalid/ineffective one, and it shall be as close as possible to the meaning of the discarded provision. Prospective invalidity or ineffectiveness of one provision does not impair or cancel the validity of other provisions.
12.3. The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in its electronic form, and is not accessible.
12.4. The form that may be used to withdraw from the Purchase Agreement is attached to this “Terms and Conditions” document.
12.5. The Seller’s contact details:
Delivery address: Pohled 277, Pohled 582 21
Email address: firstname.lastname@example.org
Phone number: +420 724 207 218