TERMS AND CONDITIONS
of the trading company
with registered office Blahoslavova 18/5, Drahovice, 360 01, Karlovy Vary, Česká republika
Corp. identification number: DIĆ: CZ02844770
incorporated in the Commercial Register kept by Regional Court in Plzen 3.04.2014, section С, file 29630
for the sale of goods through an online shop located on the Internet at the address https://denas.center/
1. Introductory Provisions
1.1 These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of KARLSBADEN s.r.o., with registered office Blahoslavova 18/5, Drahovice, 360 01, Karlovy Vary, Česká republika, corp. identification number: DIĆ: CZ02844770, incorporated in the Commercial Register kept by Regional Court in Plzen, section С, file 8206 (hereinafter referred to as the “Seller”) govern in accordance with § 1751, paragraph 1 of Act no. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) the mutual rights and obligations of the contracting parties arising in connection with or under the purchase agreement (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and any other natural person (hereinafter referred to as the “Buyer”) through the e-shop of the Seller. The e-shop is operated by the Seller on a website located on the Internet at the address denas.center (hereinafter referred to as the “Website”), through a website interface (hereinafter referred to as “Web-based commerce interface”).
1.2 The Terms and Conditions do not apply to cases where the person intending to purchase goods from the Seller is a legal entity or person who is ordering goods as part of their business or for performance of their independent profession.
1.3. Provisions diverging from these Terms and Conditions can be agreed in the Purchase Contract. Divergent arrangements in the contract shall prevail over 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 written in the Czech language. The Purchase Contract can be concluded in the Czech language.
1.5 The wording of the Terms and Conditions may be changed or complemented by the Seller. This provision shall not affect the rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. User account
2.1. The Buyer can access their user interface upon registration on the website. The Buyer can order goods from their user interface (hereinafter referred to as the “user account”). In the case the web interface of the e-shop allows it, the Buyer can also order goods without registration directly from the e-shop's web interface.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is obliged to update the data stated in the user account in case of any change to them. The data provided by the Buyer in the user account and during ordering goods are deemed correct by the Seller.
2.3. Access to user account is secured by username and password. The Buyer is obliged to maintain confidentiality regarding information necessary to access the user account.
2.4. The Buyer shall not allow the use of their user account to third parties.
2.5. The Seller may cancel a user account, especially when the Buyer has not used their user account for more than 36 months, or if the Buyer breaches their obligations under the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software of the Seller, or necessary maintenance of the hardware and software of third parties.
3. Purchase contract conclusion
3.1. All presentations of goods placed in the web interface of the e-shop are indicative and the Seller is not obliged to conclude a Purchase Contract regarding this product. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
3.2. The web interface of the e-shop provides information about goods, including prices of individual products and costs for returning the goods if they cannot be normally returned by post by their nature. The prices of products are inclusive of VAT and all related charges. The prices of products remain in force as long as they are displayed in the web interface of the e-shop. This provision does not limit the Seller in concluding a Purchase Contract under individually negotiated conditions.
3.3. The web interface also contains information on the costs associated with packaging and delivery. The information on the costs associated with packaging and delivery of the goods listed in the web interface of the e-shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order the goods, the Buyer shall fill in the order form in the web interface of the e-shop. The order form contains in particular information about:
- the ordered products (the Buyer “places” the ordered products into an electronic shopping cart of the web interface of the e-shop)
- the method of payment of the purchase price, details of 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 the “order”).
3.5. Before sending the order to the Seller, the Buyer can check and modify the data the Buyer put in the order, also with regard to the possibility of detecting and correcting errors made during entering the data in the order. The Buyer submits the order by clicking on the button “ ”. The data referred to in the order is considered correct by the Seller. The Seller shall confirm the receipt of the order of the Buyer immediately upon its receipt by e-mail, to the e-mail address provided in the Buyer's user account or in the order (hereinafter referred to as the “electronic address of the Buyer”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (such as in writing or by telephone).
3.7. The contractual relationship between the Seller and the Buyer arises by delivery of the order acceptance (acceptance) which is sent to the Buyer by e-mail, to the e-mail address of the Buyer.
3.8. The Buyer agrees to the use of distance communication in concluding the Purchase Contract. The costs incurred by the Buyer when using means of distance communication in connection with concluding the Purchase Contract (cost of internet access, telephone costs) are borne by the Buyer , these costs do not differ from the standard rate.
4. The price of goods and payment terms
4.1. The Buyer may pay the price of goods and any costs associated with the delivery of the goods according to the contract to the Seller in the following ways:
- in cash in the business premises of the Seller at the address Blahoslavova 18/5, Drahovice, 360 01, Karlovy Vary, Česká republika
- in cash on delivery at the place designated by the Buyer in the order
- by bank transfer to the account of the Seller, no. 107-7252760227/0100 kept by the company Komerční banka, a.s., Karlovy Vary (hereinafter referred to as the “Seller's account”)
- through a cashless payment system GoPay
- through a cashless payment by card
4.2. Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
4.3. The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
4.4. In the case of payment in cash or payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase, the price is payable by 14 days from the Purchase Contract conclusion.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price, together with providing the variable symbol of the payment. In the case of cashless payment, the obligation of the Buyer to pay the purchase price is fulfilled at the moment the appropriate amount is credited to the Seller's account.
4.6. The Seller is entitled, especially if the Buyer does not provide an additional confirmation of the order (Art. 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts from the price of goods provided by the Seller cannot be combined.
4.8. If it is customary in the trade relations or if it is so stipulated by generally binding legal regulations, the Seller shall issue a tax document – invoice to the Buyer in respect of payments made under the contract. The Seller is the value added tax payer. The tax document – invoice is issued by the Seller to the Buyer after payment of the price of the goods and sent electronically to the Buyer's email address.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that pursuant to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the Buyer or for his or her person, from the Purchase Contract for the supply of goods subject to rapid deterioration, as well as goods that were irretrievably mixed with other goods after delivery, from the Purchase Contract for the supply of sealed goods, which the consumer unsealed and it is not possible to return them for hygienic reasons, and from the Purchase Contract for the supply of audio or video recordings or computer programs, if their original packing was opened.
5.2. If it is not the case referred to in Article. 5.1 or another case where it is not possible to withdraw from the contract, the Buyer in accordance with § 1829, paragraph 1 of the Civil Code, has the right to withdraw from the contract within fourteen (14) days of receipt of goods; in the case the subject of the purchase agreement is several kinds of goods or delivery of several parts, this period runs from the date of receipt of the final delivery. Withdrawal from the Purchase Contract must be sent to the Seller within the period mentioned in the previous sentence. The Buyer can send the notice of withdrawal from the Purchase Contract, inter alia, to the address of the Seller's business premises or the Seller's e-mail address email@example.com
5.3. In the case of withdrawal from the Purchase Contract pursuant to Art. 5.2 of the Terms and Conditions the Purchase Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the contract. If the Buyer withdraws from the contract, the Buyer bears the cost of returning the goods to the Seller, even in the case where the goods cannot be returned by the usual postal route because of their nature.
5.4. In the case of withdrawal from the contract pursuant to Art. 5.2 of the Terms and Conditions the Seller shall return the funds received from the Buyer within fourteen (14) days from the withdrawal from the contract by the Buyer, in the same way that the Seller received them from the Buyer. The Seller is also entitled to return the money provided by the Buyer already at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees to it and it does not create additional costs to the Buyer. If the Buyer withdraws from the contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or demonstrates that he or she sent the goods to the Seller.
5.5. The Seller is entitled to unilaterally set off the claims for damage caused to the goods against the Buyer's claim for refund of the purchase price.
5.6. Until the receipt of the goods by the Buyer, the Seller may at any time withdraw from the contract. In this case, the Seller shall return the purchase price to the Buyer, without undue delay, by bank transfer to the account designated by the Buyer.
5.7. If a gift is given to the Buyer together with the goods, a donation agreement between the Seller and the Buyer is concluded with a withdrawal condition that if a withdrawal from the contract by the Buyer occurs, the donation agreement regarding such a gift loses its efficiency and the Buyer is required to return the provided gift with the goods to the Seller too.
6. Transport and delivery of goods
6.1. In the event that the mode of transport is arranged on the basis of a specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the Seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the purchase order, the Buyer is obliged to accept the goods on delivery.
6.3. In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
6.4. When taking the goods over from the carrier, the Buyer is obliged to check the integrity of the packaging of goods, and in the case of any defects immediately notify the carrier. In the case of finding violations in the package indicative of intrusion into the consignment, the Buyer does not have to take the shipment over from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods can be modified by specific delivery conditions of the Seller, if the Seller issues them.
7. Rights of defective performance
7.1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant general legislation (in particular the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
7.2. The Seller is responsible to the Buyer for making sure that the goods have no defects on delivery. In particular, the Seller is liable to the Buyer at the time when the Buyer took the goods over for the following:
- the goods have the qualities that the parties have agreed, and if no special arrangements were made, it has those properties that the Seller or manufacturer has described or that the Buyer expected, given the nature of the goods and based on advertising they made,
- the goods are fit for the purpose that the Seller stipulates, or use to which the goods of the same type are normally used,
- the goods correspond to the agreed design sample or model by their quality, if quality or design was determined in accordance with the agreed sample or model,
- the goods are in the right quantity, measure or weight and
- the goods comply with the legal requirements.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price to the defect for which the lower price was negotiated, on the wear and tear of the goods caused by their common use, in used goods for defects caused by the level of use or wear and tear that the goods had when the Buyer took the goods over or if it stems from the nature of the goods.
7.4. When a defect manifests itself within six months of receipt, it shall be deemed that the goods were defective at the time of takeover. The Buyer is entitled to exercise the right of defect that occurs in consumer products during twenty four months from receipt.
7.5. The Buyer shall exercise the rights of defective performance with the Seller at his place of business in which it is possible to do so, taking into account the assortment of goods sold, or possibly in the seat or place of business. The moment of exercising a claim shall be the moment when the Seller receives the claimed goods from the Buyer.
7.6. Other rights and obligations of the parties related to the responsibility of the Seller for defects can be modified by the complaints procedure of the Seller.
8. Other rights and obligations of the contracting parties
8.1. The Buyer acquires ownership of the goods by paying the entire purchase price.
8.2. The Seller is not bound by any codes of conduct under § 1826, paragraph 1, point e) of the Civil Code in relation to the Buyer.
8.3. Any outside of court customers complaint settlement is provided by the Seller via the e-mail address of [email protected]. Information about the settlement of the complaint of the Buyer is sent by the Seller to the Buyer's e-mail address.
8.4. The Seller is licenced to sell goods on the basis of a trade licence. The trade inspection is carried out by the Trade Office under its authority. Control over personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises the compliance with the Act no. 634/1992 Coll., on consumer protection, as amended, within the defined scope among other things.
8.5. The Buyer hereby takes on himself the risk of changing circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.
9. Personal data protection
9.1. The personal data protection of the Buyer, who is a natural person, is provided for by Act no. 101/2000 Coll., on Protection of Personal Data, as amended.
9.2. The Buyer agrees to the processing of their personal data: name and surname, address, identification number, VAT identification number, e-mail address, and phone number (hereinafter collectively referred to as “personal data”).
9.3. The Buyer agrees to the processing of their personal data by the Seller, for the purpose of performance of rights and obligations under the contract and for the purpose of maintaining the user account. If the Buyer does not select another option, he or she gives consent to the processing of their personal data by the Seller also for the purpose of sending commercial messages and information to the Buyer. Consent to the processing of personal data in their entirety under this Article is not a condition, which would in itself made it impossible to conclude a Purchase Contract.
9.4. The Buyer acknowledges that he or she is obliged to provide their personal data (for registration, in their user account, when ordering from the web interface of the shop) correctly and truthfully, and inform the Seller about the change in their personal data without undue delay.
9.5. The Seller may appoint a third party as a processor for processing of personal data of the Buyer. Besides the persons transporting the goods, no personal information shall be forwarded to third parties by the Seller without prior consent of the Buyer.
9.6. Personal data shall be processed for an indefinite period. The personal data will be processed electronically 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 or she was advised that the personal data was provided voluntarily.
9.8. In the event that the Buyer believes the Seller or data processor (Art. 9.5) processes their personal data in a way inconsistent with the protection of private and personal life of the Buyer or contrary to the law, especially if the personal data is inaccurate for the purpose of processing, they can:
- ask the Seller or processor for explanation,
- require the Seller or processor to remedy the situation.
9.9. If the Buyer requests information regarding the processing of their personal data, the Seller must provide this information. The Seller has the right to require reasonable compensation not exceeding the costs necessary to provide the information pursuant to the preceding sentence for the provision of the information.
10. Sending commercial messages and storing cookies
10.1. The Buyer agrees to receive information related to goods, services or company of the Seller sent to the Buyer's e-mail address and agrees to receive commercial messages of the Seller sent to the Buyer 's e-mail address.
10.2. The Buyer agrees with saving the so called cookies in his or her computer. In the event that the purchase on the website can be made and the commitments of the Seller under the Purchase Contracts can be fulfilled without storage of the cookies in the computer of the Buyer, the Buyer may recall their consent under the preceding sentence at any time.
11.1. The Buyer may have communication delivered to the Buyer's e-mail address.
12. Final provisions
12.1. If the relationship based on the Purchase Contract includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2. Should any provision of these Terms and Conditions be invalid or ineffective, or should it become so, a provision that comes closest in its meaning will be applied instead of the invalid provision. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions.
12.3. The Purchase Contract including the Terms and Conditions is archived by the Seller in an electronic form and is not accessible.
12.4. Attachment of the Terms and Conditions is formed by a sample form for withdrawal from the contract.
12.5. Contact details of the Seller: Blahoslavova 18/5, Drahovice, 360 01, Karlovy Vary, firstname.lastname@example.org, Telefon (+420) 774 466 397
In Karlovy Vary on the day of 01.01.2019