Terms and Conditions
1. GENERAL PROVISIONS
1.1. These Business Terms and Conditions "U Holanďanů" Ronnie Johannes Maria Meerts (also referred to as the Operator), with registered office Palachova 757/41, 412 01 Litoměřice, ID: 763 76 184, Tax ID: CZ682546135, regulate the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of a purchase contract concluded between the seller and another physical person through the operator's Internet shops.
1.2. Business terms do not apply to cases where a person intending to buy the goods from a seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. The business relationship between the seller and the buyer who is not the final consumer is settled according to the individually negotiated terms. This means that the seller is entitled to unilaterally refuse to sign the purchase agreement. He / she shall inform Buyer in writing of this fact at his / her email address stated in the order.
2. CLOSING OF THE BUILDING AGREEMENT
2.1. All presentations of the goods placed on the operator's web interface are informative and the seller is not obliged to conclude a purchase contract for these goods.
2.2. Purchaser's order made through the operator's internet store or via the phone is a binding proposal of the buyer to enter into a sales contract with the seller. The seller will immediately acknowledge receipt of the order via email to the email address stated by the buyer in the order, which confirmation is not the acceptance of the seller of the proposal for the conclusion of the purchase contract.
2.3. The buyer has the right to cancel the order, ie to withdraw his proposal for the conclusion of the purchase contract without any penalty until the moment the goods are dispatched. Cancellation of the order is the buyer obliged to notify the seller via email or telephone.
2.4. The purchase contract is concluded by accepting an offer for the conclusion of a purchase contract by the seller, accepting it is the dispatch of the seller's goods to the buyer or the explicit acceptance of the seller by email.
2.5. VAT rates are set according to valid legislation.
2.6. 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 the purchase contract (costs of internet connection, telephone calls) are borne by the buyer himself.
2.7. The purchase contract is concluded in the Czech language and is archived for the purpose of its proper performance and is not accessible to third parties.
3. PAYMENT CONDITIONS
3.1. The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
cash in cash at the place specified by the buyer in the order or receipt of the goods from the carrier
in cash at the vendor's vending machines
by wire transfer to the seller's account
cashless payment card via payment systems
3.2. In the case of goods manufactured directly at the customer's request (custom production), the buyer is obliged to pay the seller a deposit at a predetermined amount. This deposit is irreversible.
3.3. Seller sends a sales receipt, along with the goods to the buyer, which does not serve as a tax document. The tax document is sent by the seller to the buyer in writing (by e-mail) or by telephone.
4. TRANSPORTATION AND SUPPLY OF GOODS
4.1. The cost of postage and packaging is borne by the buyer according to the way he chooses when ordering the goods. These costs are governed by the prices stated on the operator's web interface.
4.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. Upon receipt of the goods from the transporter, the Buyer is required 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 packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier.
4.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
5. WITHDRAWAL OF THE TREATY
5.1. The buyer has, in accordance with § 1829 par. 1 of the Civil Code, the right to withdraw from the purchase contract without giving any reason, within 14 days from receipt of the goods. Withdrawal from the sales contract must be sent to the seller within this time limit by email or in writing to the seller's address, and the buyer may use the model form provided by the seller, which forms an attachment to the terms and conditions.
5.2. In the event of withdrawal, the purchase contract is abolished from the start. Goods must be returned to the seller within 14 (fourteen) days of withdrawal from the buyer's contract. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods (eg Shipping), even if the goods can not be returned for their nature by post.
5.3. In the event of withdrawal, the seller returns funds received from the buyer within 14 (fourteen) days of withdrawal from the purchase contract in the same way as the buyer has accepted unless the buyer expressly agrees to another method that does not give the buyer any additional costs. The seller is not obliged to return the money received to buyers before the buyer returns the goods or shows that they have sent the goods to the seller.
5.4. The Buyer is entitled, in accordance with Section 1832 of the Civil Code, to a refund of funds associated with the carriage of goods (postage) upon its acquisition (not refund). This claim, however, is only the price of the cheapest variant offered by the seller (even if the buyer has chosen a more expensive way of shipping when ordering), and personal collection can not be considered as a way of delivery.
5.5. The Buyer notes that under Section 1837 of the Civil Code, the following may not be withdrawn from the purchase contract:
(a) the supply of goods which has been modified at the consumer's request or for his own person (contract production);
(b) the supply of goods subject to rapid destruction, and goods which have been irretrievably mixed with other goods after delivery;
(c) the supply of goods in sealed packaging which the consumer has removed from the packaging and can not be returned for hygienic reasons;
(d) the supply of a sound or image recording or computer program if it has broken its original packaging.
5.6. The Buyer notes that if the returned goods are damaged, worn or partially consumed, the seller is entitled to compensation for the damage incurred on the goods and is entitled to unilaterally count this claim against the purchaser's claim for repayment of the purchase price.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement is lost and the buyer is obligated to return the gift to the seller.
5.8. Upon receipt of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In that case, the buyer will inform the buyer by e-mail to the address stated in the order and will return the purchase price to the buyer without undue delay.
5.9. The seller provides the buyer with an extended period for returning the goods without giving any reason beyond the statutory time limit (point 5.1.), A for 1 year (365 days) from the receipt of the goods.
5.10. For goods returned beyond the statutory time limit (14 days), the seller reserves the condition that these goods must not be used, with expired expiry, partly or wholly consumed or damaged beyond normal control after the goods have been taken over. For other conditions for withdrawal from the purchase contract for an extended period, points 5.1. to 5.8. these business conditions.
6. RIGHTS OF FAULT FULFILLMENT
6.1. The seller is liable to the buyer for the fact that the goods have no defects when taken over and that at the time the buyer took over the goods:
(a) the goods have the characteristics agreed by the parties and are lacking in the arrangement, it also has properties that the seller or the manufacturer has described or which the buyer expected to be given in terms of the nature of the goods and the advertising they have done;
(b) the goods are fit for the purpose for which they are used by the seller or to which goods of the same kind are normally used;
(c) the goods correspond to the quality or the trans- lation of the agreed sample or design, if the quality or performance was determined according to the agreed sample or model;
(d) the goods are in the appropriate quantity, degree or quality;
(e) the goods comply with the requirements of the legislation.
6.2. Provisions in Article 6.1. of these terms and conditions shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed. For used goods, a defect corresponding to the degree of use or wear and tear that the goods had at the time of takeover by the buyer, or if it results from the nature of the goods.
6.3. The purchaser's right to defect is based on the defect that the goods have on the buyer's receipt. If a defect occurs within six (6) months of receipt, it is assumed that the goods were defective already upon takeover.
6.4. If the defective performance is a material breach of contract, the buyer is entitled to:
(a) to eliminate the defect by supplying a new item without defect or by supplying the missing item; b) to remedy the defect by repairing the item;
(c) a reasonable discount on the purchase price;
6.5. The Buyer shall inform the Seller of the right he chooses to notify the defect or without undue delay after the defect is notified. The buyer can not change the choice without the seller's consent.
6.6. Rights from defective performance are claimed by the buyer at the seller at ######.
6.7. The Czech Commercial Inspection is responsible for out-of-court settlement of consumer disputes under the purchase contract.
7. TRIP TESTING
7.1. Under the Sales Records Act, the seller is required to issue a receipt to the buyer. At the same time, he is required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
7.2. The vendor issues receipts in accordance with the Electronic Sales Bill in electronic form sent by e-mail or in paper form, depending on the chosen payment method and the method of transport.
8. PROTECTION OF PERSONAL DATA
8.1. See. Protection of personal data
These Terms and Conditions are valid from #####
Form for withdrawal
(fill in this form and send it back only if you want to withdraw from the contract. The form must be printed, signed and sent scanned to the e-mail address of the operator, or inserted into the returned item).
ID VAT: ######## / ############
Email address: #########
Telephone number: #############
Name and surname:
I hereby declare that I am hereby withdrawing from a contract for the purchase or provision of the following services:
Order date / date of receipt:
The money for ordering, or even for delivery, was sent as follows:
and will be returned back (in case of transfer to your account please send us an account number):
V (fill in space here), Day (here add date)
Name and surname of the consumer