Terms and Conditions

These Terms and Conditions govern 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 natural or legal person.

1. Introductory Provisions

1.1.These Terms and Conditions (hereinafter referred to as “Terms and Conditions“) of the trading company Ing. David Mička, with its registered office at Petýrkova 1954/1, identification number: 44854951, (hereinafter referred to as “Seller“) regulate the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as “Purchase contract“) concluded between the Seller and another natural or legal person (hereinafter referred to as “Buyer“) through the Seller’s online store. The online store is operated by the seller at the internet address www.pametni-mince.cz, via a web interface (hereinafter referred to as “Shop web interface“).

1.2.The Terms and Conditions further regulate the rights and obligations of the Contracting Parties when using the Seller’s website located at www.pametni-mince.cz (hereinafter referred to as “Website“) and other related legal relationships. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller acts in the course of his business activity when ordering goods.

1.3.Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract shall take precedence over the provisions of the Terms and Conditions.

1.4.The provisions of the Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract may be concluded in the Czech language.

1.5.The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous wording of the Terms and Conditions.

2. User Account

2.1.On the basis of the Buyer’s registration made on the Website, the Buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as “User Account“). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2.When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in any way they change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3.Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for the breach of this obligation by the buyer.

2.4.The Buyer is not entitled to allow third parties to use the User Account.

2.5.The Seller may cancel the User Account, especially if the Buyer has not used his/her User Account for more than 1 year, or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6.The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to the necessary maintenance of the Seller’s hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.

3. Conclusion of the purchase contract

3.1.The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual offered goods. The prices of the offered goods are listed including value added tax and all related fees. The offer to sell goods and the prices of these goods remain valid for the period when 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. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to conclude a purchase contract with respect to these goods.

3.2.The web interface of the store also contains information about the costs associated with the packaging and delivery of goods. The information about the costs associated with the packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.3.To order goods, the buyer fills in the order form in the store’s web interface. The order form contains information in particular about:

• ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the store’s web interface),
• the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and
• information on the costs associated with the delivery of goods (hereinafter collectively referred to as “Order“).

3.4.Before sending the order to the Seller, the Buyer is allowed to check and change the data entered by the Buyer into the order, also with regard to the Buyer’s ability to detect and correct errors made when entering data into the order. The data provided in the order are considered correct by the Seller. The Seller shall confirm this receipt to the Buyer immediately after receipt of the order by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as “Buyer’s e-mail address“).

3.5.The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, expected transport costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).

3.6.The contractual relationship between the Seller and the Buyer is established upon delivery of the receipt of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer’s e-mail address.

3.7.The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, in particular with persons who have previously materially breached the purchase contract (including the terms and conditions).

3.8.The Buyer agrees to the use of means of distance communication when concluding the Purchase Contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer himself.

4. Price of goods and payment terms

4.1.The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:

• in cash at the seller’s premises at Přátelství 72, Prague Uhříněves;
• cash on delivery at the place specified by the buyer in the order;
• by wire transfer to the seller’s account No. 1288347111/0100, (hereinafter referred to as “seller’s account“);
• cashless payment card;

4.2.Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods. Unless explicitly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.

4.3.In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within 21 days of the conclusion of the purchase contract.

4.4.In the case of a 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 a non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller’s account.

4.5.The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the full purchase price before sending the goods to the Buyer.

4.6.Any discounts on the price of the goods provided by the seller to the buyer cannot be combined with each other.

4.7.If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller issues a tax document – an invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a VAT payer. The Seller issues a tax document – an invoice to the Buyer after payment of the price of the goods and sends it in electronic form to the Buyer’s electronic address.

5. Withdrawal from the purchase contract

5.1.The Buyer acknowledges that according to the provisions of Section 53 par. 8 of Act No. 40/1964 Coll., the Civil Code, as amended (hereinafter referred to as “Civil Code“), it is not possible, inter alia, to withdraw from a contract of sale for the supply of goods modified to the purchaser’s wishes, as well as goods which are subject to perishable, wear and tear or obsolescence, from a contract of sale for the supply of audio and video recordings and computer programs where the consumer has defected in their original packaging, and from a contract of sale for the supply of newspapers, periodicals and magazines.

5.2.Unless it is a case specified in Article 5.1 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 the provision of Section 53 par. 7 of the Civil Code, within fourteen (14) days of receipt of the goods. The withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller’s establishment or to the seller’s e-mail address.

5.3.In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The Goods must be returned to the Seller within 10 working days of sending the withdrawal from the contract to the Seller The Goods must be returned to the Seller undamaged and unworn and, if possible, in their original packaging.

5.4.Within ten (10) days of the return of the goods by the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller is entitled to inspect the returned goods, in particular in order to determine whether the returned goods are not damaged, worn or partially consumed.

5.5.In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall refund the purchase price (excluding the costs incurred for the delivery of the goods) to the Buyer no later than ten (10) days from the end of the period for reviewing the goods pursuant to Article 5.4 of the Terms and Conditions, cashless to the account specified by the Buyer. The Seller is also entitled to return the purchase price in cash when returning the goods to the Buyer.

5.6.The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller is entitled to compensation for the damage incurred by the Seller against the Buyer. The Seller is entitled to unilaterally set off the claim for compensation for the damage incurred against the Buyer’s claim for a refund of the purchase price.

6. Transport and delivery of goods

6.1.The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that the method of transport is agreed on the basis of the buyer’s request, the buyer bears the risk and any additional costs associated with this method of transport.

6.2.In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.

6.3.When receiving 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, immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all the conditions and requirements and that any subsequent complaint regarding the violation of the packaging of the shipment cannot be taken into account.

6.4.Other rights and obligations of the parties in the transport of goods may be regulated by the Seller’s terms of delivery.

7. Liability for defects and warranty

7.1.The rights and obligations of the parties to the contract regarding the Seller’s liability for defects, including the Seller’s warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. of the Civil Code).

7.2.The Seller is liable to the Buyer for the fact that the item being sold is in conformity with the Purchase Contract, in particular that it is free of defects. Conformity with the Purchase Contract means that the item being sold has the quality and utility properties required by the Contract, described by the Seller, the Manufacturer or its representative, or expected on the basis of the advertisement carried out by them, or the quality and utility properties usual for an item of such a type that it meets the requirements of legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the Seller for the use of the item or for which the item is usually used.

7.3.In the event that the item is not in accordance with the purchase contract at the time of receipt by the buyer (hereinafter referred to as “Conflict with the purchase contract“), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, according to the buyer’s request, either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the contradiction with the purchase contract before taking over the item or caused the contradiction with the purchase contract himself. A contradiction with the purchase contract that becomes apparent within six (6) months from the date of receipt of the item is considered to exist already at the time of its receipt, unless this is contrary to the nature of the item or unless the contrary is proven.

7.4.If these are not items that deteriorate quickly or are used, the seller is responsible for defects that manifest themselves as a contradiction with the purchase contract after taking over the item within the warranty period (warranty).

7.5.The Buyer’s rights arising from the Seller’s liability for defects, including the Seller’s warranty liability, are exercised by the Buyer at the Seller’s address at the address of its establishment Přátelství 72, Prague Uhříněves.

8. Other rights and obligations of the parties

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

8.2.The Buyer acknowledges that the software and other components constituting the web interface of the Store (including photographs of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow the Buyer or third parties to interfere with or use the software or other components constituting the Web interface of the Store.

8.3.The Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the Shop’s web interface when using the Shop’s web interface. The Shop’s web interface may only be used to the extent that is not at the expense of the rights of the Seller’s other customers and that is in accordance with its purpose.

8.4.The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 53a (1) of the Civil Code. 1 of the Civil Code.

8.5.The Buyer acknowledges that the Seller is not responsible for errors resulting from the intervention of third parties in the Website or as a result of the use of the Website contrary to their intended purpose.

9. Protection of personal data and sending commercial communications

9.1.The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.

9.2.The Buyer agrees to the processing of the following personal data: name and surname, address of residence, identification number, tax identification number, e-mail address, telephone number (hereinafter referred to as “Personal data“).

9.3.The Buyer agrees to the processing of personal data by the Seller for the purpose of exercising the rights and obligations arising from the purchase contract and for the purpose of sending information and commercial communications to the Seller.

9.4.The Buyer acknowledges that he is obliged to provide his personal data (when registering, in his user account, when placing an order made from the web interface of the Shop) correctly and truthfully and that he is obliged to inform the Seller about the change in his personal data without undue delay.

9.5.The Seller may entrust the processing of the Buyer’s personal data to a third party as a processor. Except for persons transporting the goods, the Seller’s personal data will not be transferred to third parties without the Buyer’s prior consent.

9.6.Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.

9.7.The Buyer confirms that the personal data provided is accurate and that he has been instructed that this is a voluntary provision of personal data. The Buyer declares that he has been instructed that he may withdraw his consent to the processing of personal data in relation to the Seller by a written notice delivered to the Seller’s address.

9.8.In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out the processing of their personal data that is contrary to the protection of the Buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of their processing, the Buyer may:

• ask the seller or processor for clarification,
• require the Seller or the Processor to remove the situation thus created. In particular, it may be a matter of blocking, correcting, supplementing or destroying personal data. If the Buyer’s request is found to be justified pursuant to the previous sentence, the Seller or the Processor shall immediately remove the defective situation. If the Seller or the Processor does not comply with the request, the Buyer has the right to contact the Office for Personal Data Protection directly. This provision does not affect the Buyer’s right to address the Office for Personal Data Protection directly with his/her complaint.

9.9.If the Buyer requests information about the processing of his personal data, the Seller is obliged to provide this information. The Seller has the right to demand reasonable payment for the provision of information under the previous sentence, not exceeding the costs necessary to provide the information.

9.10.The Buyer agrees to receive information related to the goods, services or business of the Seller to the electronic address of the Buyer and further agrees to the sending of commercial communications by the Seller to the electronic address of the Buyer.

10. Delivery

10.1.Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the sender’s choice). It is delivered to the Buyer to the e-mail address specified in his user account.

10.2.The message is delivered:

• in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
• in the case of delivery in person or through a postal service provider, by receipt of the consignment by the addressee,
• in the case of service in person or through a postal service provider, also by refusing to accept the consignment, if the addressee (or the person authorised to accept the consignment on his behalf) refuses to accept the consignment,
• in the case of delivery via a postal service operator, by the expiry of a period of ten (10) days from the deposit of the consignment and the addressee is summoned to accept the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.

11. Final Provisions

11.1.If the relationship related to the use of the website or the legal relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

11.2.The seller is entitled to sell goods on the basis of a trade licence and the seller’s activity is not subject to any other authorisation. A trade inspection is carried out by the relevant Trade Licensing Office within its competence.

11.3.If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and amendments to the Purchase Agreement or Terms and Conditions shall be made in writing.

11.4.The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.

11.5.Contact details of the seller: address for the delivery of friendship 72, Uhříněves, e-mail address: caslavska@cmqc.eu, phone 731106119.

Prague, 1.5.2012