David Horacek company based on Petřinách 1896/31 162 00 Prague 6 Identification Number: 74877577, natural person in business under the Trade Act unincorporated for selling goods through an online store located on the website.
These terms and conditions ( "Terms and Conditions") of Phono.cz David Horacek, based on Petřinách 1896/31 162 00 Prague 6, identification number: 74877577, natural person doing business under the Trade Act unincorporated (hereinafter referred to as "Seller ") govern in accordance with § 1751 paragraph. 1 of law no. 89/2012 Coll., Civil Code (the" Civil Code ") mutual rights and obligations arising in connection with or pursuant to the purchase agreement (the" purchase contract ") concluded between the seller and any other natural person (hereinafter the" buyer ") through the online shop of the seller. Internet shop is operated by the seller on a website located on the Internet at www.phono.cz (hereinafter the "Website"), and via the website (hereinafter the "Web-based commerce").
Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in the course of their business or in their separate occupations.
Provisions derogating from the terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
Provisions of the conditions are an integral part of the purchase contract. Purchase Agreement and the terms and conditions are written in the Czech language. The purchase agreement may be concluded in the Czech language.
The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows you to store, buyers can also order goods without registration directly from the web interface business.
When you register on the website and ordering goods, the buyer is obliged to provide correct and true information. The data referred to in the user account is a buyer during any amendments required to update. The data referred to by the buyer in the user account and ordering goods by the seller are deemed correct.
Access to the user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
Buyer shall not allow the use of a user account to third parties.
Seller may cancel a user account, especially when the buyer your user account is not used for more than one year, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).
Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, respectively. necessary maintenance of hardware and software of third parties.
Any presentation of the goods placed in the web interface business is informative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
Web interface provides information about goods, prices of individual goods costs for returning the goods if the goods by their nature can not normally be returned by post. Prices of goods are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a sales contract under individually negotiated conditions.
Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
ordered goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
method of payment of the purchase price, details of the desired method of delivery of goods ordered and
Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, even considering the option buyer to detect and correct errors during data entry into the order. The buyer sends the order by clicking on the "Send" button. The data specified in the order by the seller are deemed correct. Seller immediately upon receipt of an order the buyer confirms receipt of e-mail, at the e-mail address of the buyer specified in the user's account or in the order (hereinafter referred to as "electronic address of the purchaser").
Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
The contractual relationship between seller and buyer arises delivery order acceptance (acceptance), which is sent to the buyer by e-mail and electronic mail address of the buyer.
Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer, and these costs do not differ from the standard rate.
The price of goods and Payment Terms
The price of goods and any costs associated with the delivery of goods under the purchase contract the buyer to pay the seller the following ways:
in cash by the seller at the address: Opatovická 156/24 110 00 Prague 1
Cash on delivery at the place designated by the buyer in order;
through cashless bank transfer;
Along with the purchase price, the Buyer shall pay the costs associated with packaging and delivery at an agreed rate. Costs associated with the delivery of goods or payments are not included in the total amount when both discount products as "free delivery of goods." Delivery is free to provide up when filling a shopping basket of goods over the current limit of discount events.
The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Art. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In case of cashless payment, the purchase price is payable immediately upon conclusion of the contract.
In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
The seller is entitled, especially if the Buyer does not provide for additional confirmation (Art. 3.6), 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.
Any discounts on the price of goods provided by the seller to the buyer can not be combined.
If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller regarding payments made under a contract buyer tax document - invoice. The seller is not liable to VAT. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
After sending the order, the payer can use ePlatba service, which sends them to the bank's Internet banking. Payer through internet banking will send the payment. The seller shipped the next working day after receipt of payment receipts. Money transfers are made through a company account ComGate Payments, a.s..
Sensitive input data that you enter into the internet banking system are protected payment gate of the bank and not get into the environment of third parties. Payment processors can only see information about the transaction, which sent them to the bank to communicate transactions.
By concluding the purchase contract gives the buyer the seller consent to the processing of your data, and until a written statement disagreeing with the workmanship. Contact information that the buyer will indicate when ordering used solely for our use and will not be disclosed to others, except for payment processors.
Withdrawal from the contract
Buyer acknowledges that pursuant to § 1837 of the Civil Code, can not, inter alia, to withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, from the purchase contract for the supply of goods subject to rapid deterioration, as well as goods that was after delivery irrevocably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer from unsealed hygienic reasons it can not be returned and the purchase contract for the supply of audio or video recordings or computer program, if breached their original packaging.
If this is not a case under Art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with § 1829 paragraph. 1 of the Civil Code the right to withdraw from the contract, within fourteen (14) days from receipt of goods, in which case the contract of sale are several kinds of goods or supply of several parts, this period runs from the date of receipt of the last delivery. Withdrawal from the contract seller must be sent within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used a model form provided by the seller, annexed trading conditions. Withdrawal from the contract the buyer may send inter alia, the address of the seller or the seller's e-mail address email@example.com.
In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal seller. 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 can not be returned to their character usual postal route.
In case of withdrawal pursuant to Art. 5.2 seller returns the funds received from the purchaser within fourteen (14) days from the withdrawal from the contract the buyer, in the same way as the seller from the buyer received. The seller is also entitled to return performance by the buyer at the time of returning the goods the buyer or otherwise, unless the buyer will agree to and do 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 goods to him or prove that the goods the seller sent.
Claims for damage caused to the goods, the seller is entitled to unilaterally against the Buyer's claim for refund of the purchase price.
Until the receipt of goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, bank transfer to an account designated by the buyer.
If together with the goods provided the buyer a gift, the gift agreement between buyer and seller concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses gift agreement regarding such a gift effectiveness and the buyer is required along with the goods seller also return provided gift.
Transport and delivery of goods
In the event that the mode of transport is negotiated based on the special request of the buyer, the buyer bears the risk and additional costs associated with this mode of transport.
If the seller under the purchase contract must deliver the goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
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.
When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In case of finding violations package indicative of unauthorized intrusion into consignment Buyer may assume the shipment from the carrier.
Other rights and obligations of the parties in the transport of goods that can modify special delivery conditions of the seller, if the seller issued.
Rights of defective performance
The rights and obligations of the parties regarding the rights of defective performance is governed by the relevant legislation (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
Seller shall be liable to the purchaser that the goods on delivery no defects. In particular, the seller is liable to the purchaser that when the buyer took the goods:
the goods are qualities that the parties have agreed, and the absence of an arrangement with those properties which the seller or manufacturer has described or which buyers expect with regard to the nature of the goods and based on advertising they carry,
the goods are fit for the purpose which for its use or selling lists to which goods of the same type are normally used
goods correspond to the quality or the implementation of the agreed sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
goods in quantity, measure or weight and
the goods comply with the legal requirements.
The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price to a defect for which the lower price was negotiated, the wear and tear of the goods caused by its common use, in used goods to defect by use or wear that goods had to take over buyer, or if it appears that the nature of the goods.
When manifest defect within six months after the takeover, it is assumed that the goods were defective at the time of převzetí.Kupující is entitled to the right of the defect, which occurs in consumer products during the twenty four months from the receipt.
Rights of defective performance puts the buyer with the seller at his place of business in which it is possible taking into account the assortment of goods sold, possibly at the seat or place of business. In a moment a claim is considered to be the moment when the seller receives from the buyer claimed goods.
Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure seller.
Other rights and obligations of parties
The buyer acquires ownership of the goods by paying the entire purchase price.
Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 1826 paragraph. 1 point. e) of the Civil Code.
Court complaint provides consumers selling through electronic address firstname.lastname@example.org. Information on the settlement of the complaint buyer sends the seller to the buyer's email address.
The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Supervision of privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the specified range, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
The Buyer takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
Protection of personal data
Privacy purchaser who is a natural person is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended.
Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal information").
Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consents to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in its entirety according to this article is not a requirement that would in itself made it impossible to conclude a purchase contract.
Buyer acknowledges that it is obligated to your personal data (for registration, in your user account when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
The processing of personal data of the buyer, the seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal data by the seller without the prior consent of the buyer passed on to third parties.
Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
In the event that the buyer thought the seller or processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard the purpose of their processing, can:
ask the seller or processor for explanation
require the seller or the processor rectifies the situation.
If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. The seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
Sending commercial messages and storing cookies
Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial communications by the seller to the buyer's email address.
Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made, and commitments agreed sales contracts to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the previous sentence at any time.
The buyer may be delivered to the buyer's email address.
If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the other provisions.
The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
Attachment business conditions constitute a model form for withdrawal from the contract.
Contact details seller: postal address Phono.cz, Opatovická 156/24, 110 00 Praha 1, email@example.com e-mail address, phone +420 222 521 448.
In Prague on November 20, 2014