Terms and Conditions

Business firm Sara Bergmann, registered office: Čtyřkoly 107, 257 22 Čtyřkoly, ID number: 21280649

Basic provision

1.1. These terms and conditions (hereinafter referred to as the "terms and conditions") of the business firm Sara Bergmann, with registered office at Čtyřkoly 107, 257 22 Čtyřkoly, (hereinafter referred to as the "seller") are regulated in accordance with § 1751 paragraph 1 of Act No. 89/2012 Coll. of the Civil Code (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 or a person who acts when ordering goods in as part of his business activity or as part of his independent profession (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.okzaluzie.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

1.2. Provisions deviating from these terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions in the terms and conditions. The provisions in 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 is concluded in the Czech language, or the draft contract will contain information about the languages ​​in which the contract can be concluded.

Conclusion of the purchase contract

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, i.e. the type and its description, including the current price of the individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for as long as 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 EU.

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 buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store, after adding any item to the shopping cart of the web interface of the store, it is necessary to have the cart recalculated. After recalculating the basket, the buyer immediately sees how many items he has ordered in total.

2.4.2. method of payment of the purchase price of the goods. Payment options for goods are:

in cash or by credit card

In case of goods delivery via DPD or WEDOS

payment is made in advance, packaging and shipping fees are charged at the same time and for each individual order.

Payment of goods by non-cash transfer through the payment gateway comgate (www.comgate.cz). In this case, the goods are dispatched to the buyer after crediting the entire purchase price, within 72 hours.

2.4.3 data on the desired method of delivery of the ordered goods, the options for delivering the goods are:

delivery of goods via DPD or W EDOS

to the delivery address specified by the buyer in the order. When paying by transfer/payment gateway, the amount is charged as the cost of packaging and shipping. The seller undertakes to ship the goods and submit them for transport by DPD or WEDOS

within 72 hours from receipt (acceptance) of the order by the seller, sent to the buyer's e-mail address.

2.4.4 information on the costs associated with the delivery of the goods.

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 detect and correct errors that occurred when entering data into the order. Subsequently, the buyer confirms the binding order, i.e. a summary of the total purchase and payment for the goods and agrees to these terms and conditions, the buyer sends the order to the seller by clicking on the "order completion" button, the data given in the order is considered 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 interface 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, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

2.7. The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance)

.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 paid by the buyer himself, and these costs do not differ from the basic rate.

2.10. Any changes or modifications to these terms and conditions, made by the seller after the conclusion of the purchase contract for goods in accordance with these terms and conditions, are ineffective in relation to this contract. However, the seller reserves the right not to conclude a purchase contract or to withdraw from the purchase contract without notice.

Product price and Payment terms

3.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the ways specified in point 2.4.2 of these terms and conditions.

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.

3.4. In the case of non-cash payment, the purchase price is payable immediately, the buyer will be redirected to his internet banking via the payment gateway, and the purchase contract will be concluded only after payment of the purchase price.

3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. 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.

3.7. 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 dealings 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 seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

Withdrawal from the purchase contract

4.1. The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase contract for the supply of goods that was modified according to the wishes of the buyer or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irreversibly mixed or processed with other goods after delivery, from the purchase contract for the supply of goods in closed packaging, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it.

4.3. If it is not a case mentioned in Articles 4.1 and 4.2 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 if 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. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address.

4.4. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds, the buyer returns the goods or proves that he sent the goods to the entrepreneur for return, and the seller decides whether to exchange the goods for the buyer. If he finds a defect or if the goods have not been worn.

4.5. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for replacement of the goods.

4.6. 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 discontinuing 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.

Transport 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. 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.

Rights from defective performance

6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding regulations

6.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

the goods have the properties agreed upon by the parties and, in the absence of an agreement, have such properties that the seller or manufacturer has described or that the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,

the goods are suitable for the purpose that the seller states for their use or for which goods of this type are usually used,

the goods are in the appropriate quantity, measure or weight and the goods comply with the requirements of legal regulations.

6.3. Rights from defective performance are exercised by the buyer at the address of the seller's place of business, possibly also at the seat or place of business, if it differs from the place of business, by registered package (not cash on delivery), if possible, also together with the original packaging and a copy tax receipt for the purchase of the goods from the seller and together with a written complaint, in which he describes in detail the claimed defects of the goods and how they manifest themselves. The moment when the seller receives the claimed goods from the buyer is considered to be the moment of application of the complaint.

6.6. Additional rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's complaint procedure, if issued.

6.7. In order to properly claim goods and exercise rights from liability for defects, it is necessary for the buyer to properly inspect the goods upon receipt.

Sanctions

7.1. In the event that the buyer defaults on the payment of any amount according to the purchase contract or these terms and conditions, he is obliged to pay the seller, in addition to the owed amount, a contractual penalty of 0.1% of the owed amount for each day of delay.

7.2. The seller is entitled to reduce the amounts of the contractual penalty in justified cases. However, payment of the amount of the contractual penalty does not affect the seller's right to compensation for the damage incurred. Contractual fines are paid for each individual case of breach of contract.

Other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2. 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.

8.3. The seller handles consumer complaints via an electronic address. The seller will send information about handling the buyer's complaint to the buyer's email address.

8.4. The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

Identification and protection of personal data

9.1. 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 purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document.

9.2. 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 (Act on certain services of the information society), as amended, to the sending of business communications by the seller to an electronic address or to the buyer's phone number. 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.

9.3. 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 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.

Final Provisions

10.1. The buyer is not entitled to assign claims from the contract to a third party. The seller is entitled to assign unpaid monetary claims in the event that the buyer is in arrears with their payment.

10.2. The information contained in the purchase contract, these terms and conditions and the buyer's order will be considered confidential and the contracting parties undertake to keep it confidential. However, confidential information does not include information that has already been lawfully disclosed or was known to the contracting parties prior to the conclusion of this contract.

10.3. The buyer can be delivered to the e-mail address specified in his user account or specified by the buyer in the order.

10.4. The parties have agreed that the seller is entitled to change the prices of the goods on the website, as well as these terms and conditions. The seller will announce a change in the prices of the goods or business terms and conditions via its website (link), where the date from which the new price of the goods is valid will be indicated, always at least 1 month before the expected effective date of the updated prices or business terms. If the buyer does not agree with the changes to the terms and conditions, he has the right to reject these changes to the terms and conditions within a period of 1 month from the announcement of the new terms and conditions by the seller and may terminate the resulting obligations within the same period.

10.5. In the event that any provision of the contract or these terms and conditions is or becomes invalid or unenforceable, the other provisions will continue to remain valid and enforceable. The contracting parties hereby undertake to replace such an invalid or unenforceable provision with a valid or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision.

10.6. 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).

10.7. The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract.

10.8. Seller's contact details: delivery address: Sara Bergmann - Čtyřkoly 107, 257 22 Čtyřkoly, e-mail address: shop@sarabergmann.com