Terms and conditions
Company: Petr Dobeš – production of fishing equipment
Registered address: Masarykovo nábřeží 2015/4, 120 00 Prague 2
Business address: Radlík 156, 254 01 Jílové u Prahy
Company ID No: 41158806
Tax ID No: CZ6611250690
A natural person conducting business activities pursuant to the Trade Licensing Act not registered in the commercial register for the sale of goods through an online store at the internet address www.dobes-nets.eu.
1. INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter referred to as the ‚General Terms and Conditions‘) of the company Petr Dobeš – production of fishing equipment, with its registered address at Masarykovo nábřeží 2015/4, 120 00 Prague 2, company ID No: 41158806 (hereinafter the ‚Seller‘), govern, in compliance with the provisions of Section 1751(1) of Act No 89/2012 Coll., the Civil Code (hereinafter the ‚Civil Code‘), the rights and obligations of the contracting parties ensuing from or based on the purchase contract (hereinafter the ‚Purchase Contract‘) concluded between the Seller and another individual (hereinafter the ‚Buyer‘) through the Seller’s online store. The internet store is operated by the Seller on the website at the internet address www.dobes-nets.eu (hereinafter the ‚Website‘) via the Website interface (hereinafter the ‚Store’s Website Interface‘).
1.2. The General Terms and Conditions shall not apply in cases where a person intending to purchase goods from the Seller is a legal person or a person who, when ordering goods, is acting within the scope of their business activities or the independent performance of a profession.
1.3. Provisions that diverge from the General Terms and Conditions can be negotiated in a Purchase Contract. Potential diverging provisions included in such Purchase Contract shall take priority over the provisions of the General Terms and Conditions.
1.4. The General Terms and Conditions are an integral part of a Purchase Contract. The Purchase Contract and the General Terms and Conditions are executed in the English language.
1.5. The Seller is entitled to amend the General Terms and Conditions. This provision shall not affect the rights and obligations arising during the effective period of a previous version of the General Terms and Conditions.
1.6. By submitting a binding order, the Buyer confirms that they have become familiar with these General Terms and Conditions, as well as with the complaints procedure, and agrees to them. At the same time, the Buyer is adequately informed before submitting the order about the ability to become familiar with the General Terms and Conditions and the complaints procedure.
2. User Account
2.1. On the basis of the Buyer’s registration made on the Website, the Buyer can access their user interface. From the user interface the Buyer can place orders for goods (hereinafter referred to as the ‚User Account‘). The Store’s Website Interface also allows the Buyer to order goods without registering directly in the Store’s Website Interface.
2.2. When registering in the Website and ordering the goods, the Buyer is obliged to disclose all data accurately and truthfully. The Buyer is obliged to update the information provided in their User Account. The Seller shall consider the information provided by the Buyer in the user account and when ordering goods to be correct.
2.3. Access to the User Account is protected by a user name and a password. The Buyer must maintain confidentiality of any information essential for accessing the User Account.
2.4. The Buyer is not authorised to allow third parties to use the User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer does not use its User Account or if the Buyer breaches any obligation under the Purchase Contract (including the General Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, especially with respect to the necessary maintenance or hardware and software equipment of the Seller, or the necessary maintenance of hardware and software equipment of third parties.
3. Conclusion of the Purchase Contract
3.1. All presentation of goods placed on the Store’s Website Interface are informative and the Seller is not obliged to conclude a purchase order for such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Store’s Website Interface contains information on the goods, including the prices of individual goods. The prices of the goods offered are quoted including value added tax (VAT) and all related charges. The prices of goods shall remain valid for as long as they are displayed on the Store’s Website Interface. These provisions shall not prevent the Seller from concluding a Purchase Contract under individually negotiated conditions.
3.3. All orders made through the Website are binding.
3.4. To order goods the Buyer shall complete an order form on the Store’s Website Interface. The order form contains information about:
- the goods ordered (the Buyer puts the ordered goods into an electronic shopping basket on Store’s Website Interface),
- the method of payment of the purchase price of goods,
- the fact that upon the receipt of the order, the costs associated with the delivery of the goods (hereinafter collectively referred to as the ‚Order‘) will be communicated.
3.5. Before the Buyer sends the Order to the Seller, the Buyer is allowed to check and amend the data included in the Order to be able to find and correct mistakes made when entering the data in the Order. The Order shall be sent by the Buyer to the Seller by clicking on the ‚Order‘ button. The Seller considers the data included in the Order correct. Immediately after receiving the order, the Seller shall confirm this fact by email to the Buyer’s email address specified in the User Account or in the Order (hereinafter the ‚Buyer’s Electronic Address‘).
3.6. The Seller shall always be entitled to ask the Buyer, depending on the character of the Order (the quantity of goods, total purchase price, anticipated costs of the transportation), to reconfirm the Order (e.g. in writing or by phone).
3.7. The contractual relation between the Seller and the Buyer shall be regarded as established when the order is delivered (accepted) by the Seller and when the acceptance confirmation is delivered by the Seller to the Buyer’s Electronic Address.
3.8. The Buyer acknowledges that the Seller shall not be obliged to conclude a Purchase Contract, especially with persons who have previously violated their obligations towards the Seller.
3.9. The Buyer agrees to use a means of distance communication when concluding the Purchase Price. The costs that the Buyer incurs in relation to using the means of distance communication when concluding the Purchase Contract (the costs of internet connection or phone calls) shall be borne by the Buyer.
4. Price of Goods and Terms of Payment
4.1. Prices for the goods listed on the Website are binding until the time of their amendment. The Website reserves the right to change prices even without prior written or otherwise issued notice.
However, the price of goods on the basis of an already concluded Purchase Contract cannot be changed unilaterally.
In the event that there is a significant change in the price of the supplier of the goods, the Seller may withdraw from the contract. In this case, the Seller will immediately contact the Buyer to agree on the next steps to be taken. If the Buyer has already paid part or all of the purchase price, the amount will be transferred back to the Buyer’s account or address in the shortest possible time.
4.2. The Buyer may pay the price of goods and any costs associated with the delivery of goods according to the Purchase Contract in the following ways:
- Bank transfer to the Seller’s account No…………………., at ………………… (hereinafter the ‚Seller’s Account‘). If the payment for the order is not deposited to the Seller’s account by the due date of the invoice, the order will be cancelled.
4.3. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also be include the costs associated with the delivery of the goods.
4.4. In case of a bank transfer, the purchase price is due by the date of the invoice.
4.5. In case of a bank transfer, the Buyer is obliged to specify the variable symbol when making the payment. In case of a bank transfer, the Buyer’s obligation to pay the purchase price is fulfilled upon crediting the Seller’s account. After crediting the relevant amount to the Seller’s account, the goods are sent to the Buyer at their specified address.
4.6. If it is expected in such business relationships or if it is determined by generally binding legal regulations, the Seller shall issue to the Buyer an invoice for the payment performed on the basis of the Purchase Contract. The Seller is a payer of VAT. An invoice is issued by the Seller to the Buyer in advance with the selected ‚bank transfer‘ and sends it in an electronic form to the Buyer’s Electronic Address. Upon payment of the price of the goods and subsequent dispatch, the invoice is attached to the consignment.
5. Withdrawal from a Purchase Contract
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the delivery of goods that has been adjusted according to the Buyer’s wishes or for their person.
5.2. Except for the cases referred to in Article 5.1 of the General Terms and Conditions or another case where it is not possible to withdraw from the contract, the Buyer is entitled to withdraw from the Purchase Contract in accordance with Section 1829(1) of the Civil Code within 14 days of receipt of the goods, and in the case that several types of goods or delivery of several parts of the goods are the subject of the Purchase Contract, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract to the business address of the Seller or to the Seller’s electronic address firstname.lastname@example.org.
5.3. In the event of a withdrawal from the Purchase Contract pursuant to Article 5.2 of the General Terms and Conditions, the Purchase Contract is cancelled from the outset. The goods must be returned to the Seller within 14 days of receipt of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from a Purchase Contract, the Buyer shall bear the costs associated with the return of the goods to the Seller, even in cases where the nature of the goods means that they cannot be returned by means of ordinary mail. The goods must be returned to the Seller unused and undamaged.
5.4. Within 30 days of the return of the goods by the Buyer, the Seller is entitled, according to Article 5.3 of the General Terms and Conditions to inspect the returned goods, in particular to determine whether the returned goods are nor damaged, worn, or partially consumed.
5.5. In case of a withdrawal from the Purchase Contract according to Article 5.2 hereof, the Seller shall return the funds received from the Buyer within 14 days from the end of the period for inspecting the goods as per the Article 5.4 hereof, however not later than 30 days following the receipt of the withdrawal from the Purchase Contract to the Seller, and in the same manner as the Seller has accepted the funds from the Buyer. If the Buyer consents and does not incur any additional costs, the Seller is also entitled to return the payment provided by the Buyer immediately upon return of the goods by the Buyer or by another method. If the Buyer withdraws from a Purchase Contract, the Seller is not obliged to return the received payment to the Buyer until the Buyer returns the goods or provides evidence that the goods have been sent to the Seller.
5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn, or otherwise depreciated, the Seller is entitled for compensation of damages suffered. The Seller may unilaterally offset their claim to damages against the Buyer’s claim to a refund of the purchase price.
5.7. In the case of custom-made production, meaning the return of goods that were manufactured to order according to the requirements of the Buyer, and these requirements have been specified during the order process, it is always assessed individually, according to the possibility of subsequent processing or repairs. In the event subsequent processing or repairs are not possible, the Seller is entitled to compensation for the damages. The Seller is entitled to offset the resulting damage against the Buyer’s claim for a refund of the purchase price.
5.8. In the cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provision of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer takes over the goods. In such an event, the Seller shall return the purchase price to the Buyer without undue delay by means of a bank transfer to the bank account specified by the Buyer.
6. Transport and Delivery of Goods
6.1. The Buyer is informed during the ordering process that the mode of transport and the transport costs will be communicated subsequently in an electronic form to the Buyer’s Electronic Address.
6.2. The goods are dispatched to the Buyer by the Czech Post, the DPD transport company, or by Schenker.
6.3. Shipping costs are charged according to the selected shipping method.
6.4. If the Purchase Contract determines that the Seller is obliged to deliver the goods to the place specified by the Buyer in the Order, the Buyer shall be obliged to take over the goods after they are delivered.
6.5. If, for reasons on the part of the Buyer, it is necessary to deliver goods repeatedly or by other means than specified in the order, the Buyer shall be obliged to cover the costs connected with repeated deliveries of the goods or with a different means of delivery.
6.6. After taking over the goods from the carrier, the Buyer shall be obliged to check whether the packaging of the goods is intact, and if any defects are found, they shall be reported to the carrier without delay. If the Buyer finds damaged packaging proving that someone has wrongfully broken into the consignment, they shall not be obliged to accept the consignment from the carrier.
6.7. Other rights and obligations of the parties during the transport of the goods may be governed by special delivery terms of the Seller, if issued by the Seller.
6.8. In case of a non-delivery, the consignment will be redelivered. In case of repeated non-delivery, the consignment will be returned to the shipper.
6.9. Delivery time – the ordered goods will be confirmed by email, where the Buyer will be informed about the expected production date and the delivery time.
6.10. Orders received on weekends and holidays are confirmed the following business day.
7. Rights from Unsatisfactory Performance
7.1. The rights and obligations of the parties with regard to unsatisfactory performance shall be governed by the generally binding legislation (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer for ensuring that the goods are delivered free of defects. The Seller is particularly liable to the Buyer for ensuring that, at the moment of takeover by the Buyer::
- the goods have the properties agreed between the parties, or if no such agreement exists, the properties described by the Seller or the manufacturer, or the properties that the Buyer expects with regard to the nature of the goods and based on advertisements produced by the Seller or the manufacturer;
- the goods are fit for the purpose of use presented by the Seller or which goods of this type are normally used for;
- the goods conform to the quality or execution of the contracted sample or template, provided that the grade or design has been determined according to the agreed sample or template;
- the goods are in the appropriate quantity, scale, or weight; and
- the goods meet the requirements of the legislation.
7.3. The provisions specified in Article 7.2 hereof shall not apply to goods sold at a discounted price due to defects, wear and tear caused by ordinary use, or used goods, which the goods had at the time of acceptance by the Buyer, or if it arises from the nature of the goods.
7.4. If a defect appears within six months of receipt, the goods shall be considered to have been defective at the time of receipt. The Buyer shall be entitled to a right to claim defects that occur with regard to the consumer goods within 24 months from the acceptance of the goods.
7.5. The Buyer applies the rights from an Unsatisfactory Performance at the Seller’s business address, where the complaint can be accepted with regard to the assortment of the goods sold.
7.6. Additional rights and obligations of the parties relating to the Seller’s liability for defects may be defined by the Seller’s complaints procedure.
8. Other Rights and Obligations of the Parties
8.1. The Buyer shall come into possession of the goods by paying the entire purchase price of the goods.
8.2. The Order becomes binding after its entry into the order system; the Purchase Contract is concluded at the moment of confirmation of the Order by the Buyer. In the event of the inability to fulfil an already confirmed Order by the Seller (e.g. the goods are no longer supplied, not manufactured, currently unavailable, etc.) the Seller is entitled to withdraw from the concluded Purchase Contract. In such case, the Seller shall inform the Buyer of this fact without undue delay at the Buyer’s Electronic Address and shall, without undue delay, reimburse the Buyer any funds previously paid.
8.3. The Seller is not bound to any codes of conduct in relation to the Buyer as described in the provisions of Section 1826(1)(e) of the Civil Code.
8.4. Any consumer complaints shall be settled by the Seller via the electronic address email@example.com. Information about the claim processing status will be sent by the Seller to the Buyer’s Electronic Address.
8.5. The competent authority for out-of-court settlement of consumer disputes arising out of the Purchase Contract is Česká obchodní inspekce (The Czech Trade Inspection Authority), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No: 000 20 869, web: https://adr.coi.cz/cs. The platform for online settlement of disputes, available at the website http://ec.europa.eu/consumers/odr, may be utilised for settlement of disputes between the Seller and the Buyer resulting from the Purchase Contract.
8.6. The European Consumer Centre, Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is a contact point under the Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer dispute resolution online).
8.7. The Seller is authorised to sell the goods on the basis of a trade licence. The Trade Licensing authority shall, within its jurisdiction, carry out a commercial inspection. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. To a limited extent the Czech Trade Inspection Authority supervises, among other things, compliance with Act No 634/1992 Coll., on consumer protection, as amended.
8.8. The Buyer hereby assumes the risk of change of circumstances pursuant to Section 1765(2) of the Civil Code.
9. Protection of Personal Data
9.1. Protection of the personal data of the Buyer, as 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, identification number, tax identification number, email address, telephone number, and information on purchases made (collectively hereinafter referred to as ‚personal data‘).
9.3. The Customer agrees to the processing of personal data by the Seller for the purpose of exercising rights and obligations resulting from the Purchase Contract and for the purposes of sending information and commercial communications to the Buyer.
9.4. The Buyer acknowledges that it is obliged to specify its Personal Data (during registration, in its User Account, when placing an order from the Store’s Website Interface) correctly and to inform the Seller of any changes in their Personal Data without undue delay.
9.5. The Seller may entrust a third party, as a processor, with processing the Buyer’s personal data. Except for the entities transporting the goods, the personal data shall not be handed over to any third parties by the Seller without the Buyer’s prior consent.
9.6. The personal data will be processed for an indefinite period. The personal data will be processed electronically by automated means or in printed form by non-automated means.
9.7. The Buyer confirms that the personal data provided is accurate and that they have been informed that the personal data is provided voluntarily.
9.8. In the event that the Buyer suspects that the Seller or the processor (Article 9.5) carries out processing of their personal data in violation of the protection of the private and personal life of the Buyer or in violation of the law, in particular where the personal data are inaccurate with regard to the purpose of its processing, the Buyer may:
- request an explanation from the Seller or the processor,
- require the Seller or the data processor to remedy the situation.
9.9. If the Buyer requests information on the processing of their personal data, the Seller is obliged to provide such information. The Buyer shall be entitled to require an adequate fee for provision of the information as per the previous sentence, the total of which shall not exceed the necessary costs of provision of the information.
10. Sending Business Communications and Storage of Cookies
10.1. The Buyer consents to the sending of information relating to the goods, services, or business of the Seller as well as to the sending of the Seller’s business communications to the Buyer’s Electronic Address.
10.2. The Buyer consents to the storage of cookies on their computer. In the event that a purchase via the Website can be carried out and the commitments of the Buyer arising from a Purchase Contract fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw their consent pursuant to the preceding sentence.
11.1. Notifications regarding relationships between the Seller and the Buyer, particularly regarding withdrawal from a Purchase Contract, must be delivered by post by registered mail, unless the Purchase Contract stipulates otherwise. Notifications shall be delivered to the appropriate contact address of the other party and shall be considered received and effective the moment they are delivered by the postal service, with the exception of notification of withdrawal from a contract by the Buyer, where the notice shall be effective once it is sent by the Buyer within the withdrawal period.
11.2. Notifications that have been rejected by the addressee, that have not been collected within the collection period, or that have returned undelivered shall also be considered to be delivered.
11.3. The parties may send ordinary correspondence by email to the email address specified in the Buyer’s User Account or specified by the Buyer in the Order, or to the address provided on the Seller’s Website.
12. Final Provisions
12.1. If a relationship founded in a Purchase Contract contains an international (cross-border) element, the parties agree that the relationship shall be governed by Czech law. This shall not affect the rights of the Buyer arising from generally binding legislation.
12.2. If any of the provisions hereof are invalid or ineffective, or become such, these shall be replaced by provisions that most closely approximate the invalid provision in meaning. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions. The Purchase Contract and these General Terms and Conditions can only be amended in writing.
12.3. The Purchase Contract, including the General Terms and Conditions, is archived by the Seller in an electronic form and is not accessible.
12.4. Seller’s contact information:
- Mailing address: Petr Dobeš – production of fishing equipment, Radlík 156, 254 01 Jílové u Prahy
- Email address: firstname.lastname@example.org
In Jílové u Prahy on 1 June 2019
Petr Dobeš – production of fishing equipment
Masarykovo nábřeží 2015/4
Prague 2 – 120 00