TERMS AND CONDITIONS of sale
Seller and Manufacturer: Vojtěch Valenta-V.J.V.
Registered Office at Fibichova 462 , Pardubice 53003
Business Premises at Licibořice 27, Licibořice 53823
Identification Number (“IČO”) 11063343
VAT Payer – VAT Id.No.: CZ6602181520 entered in the register kept by the Regional Court in Hradec Králové
For the production and sale of goods through an online shop on the website www.valentamodel.cz unless ordered otherwise
1.1. In accordance with Sec. 1751 (1) of the Act No. 89/2012 Sb., Czech Civil Code (hereinafter “Civil Code”) these Terms and Conditions of Sale (hereinafter “Terms and Conditions”) of the trader Vojtěch Valenta – V.J.V., with the registered office at Fibichova 462, Pardubice 53003 and business premises at Licibořice 27, Licibořice 53823 Id.No.:11063343 entered in the register kept by the Regional Court in Hradec Králové (hereinafter “Seller”) lay down mutual rights and duties of contracting parties in connection with or under the Contract of Sale (hereinafter “Contract of Sale”) concluded between the Seller and an individual (hereinafter “Buyer”) in the online shop of the Seller. The Online Shop is kept by the Seller on the website at the internet address (hereinafter “website”) through the web interface (hereinafter “Shop interface”).
1.2. The Terms and Conditions do not apply if the person intending to buy goods from the Seller is a legal entity or a person ordering goods on a business basis, or while exercising an independent professional activity.
1.3. It shall be possible to stipulate provisions derogating from the Terms and Conditions in the Contract of Sale. Such derogating provisions take precedence over the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Contract of Sale. The Contract of Sale as well as the Terms and Conditions are in Czech (in English and in German on the website after switching to English or German version). The Contract of Sale shall be concluded in Czech.
1.5. The Terms and Conditions may be changed or amended by the Seller. No rights and duties created under the effective previous wording of the Terms and Conditions shall be affected.
2.1. Any and all information provided by the Buyer while ordering goods must be true and correct. The Buyer shall update any and all data in case of any change. The Seller shall deem the information provided by the Buyer ordering the goods correct.
3. concluding THE CONTRACT OF SALE
3.1. Any and all specifications of goods on the Shop interface have an informative value and the Seller shall not be obliged to enter into a Contract of Sale providing for these goods. Provisions Sec. 1732 ( 2) Civil Code shall not apply.
3.2. Shop interface provides information about goods. The prices are on demand unless they are quoted. Quoted prices for goods include VAT and all connected fees. The prices remain valid as long as they are displayed at the Shop interface. This provision shall not restrict the Seller’s possibility to enter into a Contract of Sale under individually stipulated conditions.
3.3. Shop interface also provides information about transport and packaging costs.
3.4. To order goods, the Buyer shall send an order for goods by e-mail or fill in an order form at the Shop interface. The order form includes but is not limited to the following information:
3.5. Sending an order means an act of the Buyer unequivocally identifying the ordered goods, purchase price, the person of the Buyer, payment method; it shall be a binding draft of the Contract of Sale for the contracting parties. To become valid, the order must include all the required data in the order form, the Buyer must get acquainted with these Terms and Conditions on the website, accept them and confirm it.
3.7. The Seller shall confirm the acceptance of the order without delay by e-mail to the e-mail address of the Buyer in the order (hereinafter “Buyer’s e-mail address”).
3.8. Depending on the type of the order (amount of goods, purchase price, anticipated freight costs), the Seller shall have a right and power to ask the Buyer to acknowledge the order subsequently (e.g. in writing or by phone).
3.9. The draft of the Contract of Sale in the form or an order shall be valid for two days.
Upon not reimbursing and not crediting the amount to our account within 7 working days, the order shall be annulled automatically; the customer (the Buyer) shall be informed about the annulment by e-mail.
3.10. The contractual relationship between the Seller and the Buyer shall arise by the delivery of the acceptance of the order sent by the Buyer to the Seller by e-mail to the Buyer’s e-mail.
3.11. If the Seller shall not be able to fulfil any of the requirements in the order, he shall send the Buyer an amended offer with possible order variations by e-mail and ask for the Buyer’s opinion.
3.12. The amended offer shall be considered to be a new draft of the Contract of Sale; the Contract of Sale shall be concluded upon the Buyer’s acceptance by e-mail.
3.13. The Buyer agrees to use the means of distant communication when concluding the Contract of Sale. The Buyer shall cover all the expenses incurred linked to entering into the Contract of Sale (internet connection, phone calls); these costs shall not differ from the basic rate.
4. price of the goods and payment conditions
4.1. The price of goods and any costs associated with the delivery of goods under the Contract of Sale may be reimbursed by the Buyer (after the goods have been manufactured and prepared for dispatch unless otherwise agreed by the Seller and the Buyer) as follows:
For payment in CZK:
Account No.164849561/0100 kept at “Komerční Banka”
For payment in EUR:
Account No.78-9233170247/0100 kept at “Komerční Banka”
4.2. The Buyer shall be obliged to reimburse the Seller’s transport and packaging costs as stipulated. The “purchase price” shall include transport and packaging costs linked to the delivery of goods unless stated otherwise. The prices include VAT.
4.3. The Seller shall not ask the Buyer for an advance or a similar payment unless upon a non-standard Buyer’s requirement for the goods. The duty to reimburse the purchase price in advance under the provision of the Article 4.6 of the Terms and Conditions shall not be affected.
4.4. The Buyer shall add a comment with his/her name to the cashless payment to identify the payment. Upon a cashless payment, the Buyer’s obligation to settle the purchase price shall be considered to be met upon crediting the amount to the Seller’s account.
4.5. The Seller shall have a right and power to ask for a reimbursement of the whole purchase price before dispatching the goods to the Buyer; especially if there is no subsequent confirmation of the order by the Buyer (pursuant to Art. 3.6). Provisions in Sec. 2119 (1) Civil Code shall not apply.
4.6. It shall not be possible to combine any discounts offered by the Seller to the Buyer.
4.7. The Seller shall issue an invoice for the payment under the Contract of Sale to the Buyer if it is a part of standard business practice or if it is provided for by generally binding legal regulations. The Seller is a VAT payer. The invoice shall be issued by the Seller to the Buyer before reimbursing the purchase price; it shall be sent to the e-mail address of the Buyer or together with the ordered goods within the delivery period.
4.8. The goods shall be send with PPL or Czech Post, DPD, DHL, Delta Cargo, GLS
Delivery costs – advance payment from CZK 99 (depending on the package size, in case of payment by cash on delivery + CZK 40 extra)
The Seller shall determine the delivery costs upon the best economic knowledge; this choice shall be accepted by the Buyer.
Personal takeover is possible, transport costs CZK 0; only bank transfer or payment in cash shall be possible.
5. withdrawal from contract
5.1. The Buyer acknowledges that under Sec. 1837 Czech Civil Code it is not possible to withdraw from the Contract of Sale among others:
5.2. In accordance with Sec. 1829 (1) Czech Civil Code the Buyer shall have a legal right and power to withdraw from the Contract of Sale within fourteen (14) days from the date of taking over the goods unless it is not possible to withdraw from the Contract of Sale under Article 5.1 or similar; if several types of goods or several parts shall be subject matter of the contract, the period shall start to run after taking over the last delivery of goods. The withdrawal from the Contract of Sale shall be delivered to the Seller within the withdrawal period under the previous sentence.
5.3. The Buyer may send the withdrawal from the Contract of Sale to the address of the Seller’s premises. Provisions in Article 11 of these Terms and Conditions shall apply for the delivery of the withdrawal from the Contract.
5.4. Upon a withdrawal from the Contract of Sale in accordance with Article 5.2 of Terms and Conditions the Contract of Sale shall be null and void. The goods shall be returned to the Seller within fourteen (14) days from the date of the withdrawal from the Contract. Upon the Buyer’s withdrawal from the Contract of Sale, the Buyer shall bear all the costs associated with the returning of the goods to the Seller even if the goods cannot be sent back by regular post due to its nature.
5.5. Upon a withdrawal from the Contract in accordance with Article 5.2 of the Terms and Conditions, the Seller shall give back the financial means received from the Buyer within fourteen (14) days from the withdrawal from the Contract of Sale by the Buyer, in the same way as the Seller received the means from the Buyer. The Seller shall also be authorized to return the consideration provided by the Buyer at the time of returning the goods by the Buyer or in another way if the Buyer agrees to that and no other expenses are hereby incurred to the Buyer. Upon the Buyer’s withdrawal from the Contract of Sale, the Seller shall not be obliged to return the financial means to the Buyer before the goods have been returned by the Buyer or before the Buyer proves having dispatched the goods to the Seller.
5.6. The Seller may unilaterally set off claims arising out of damaged goods against the purchase price to be returned to the Buyer.
5.7. The Seller shall have the legal right and power to withdraw from the Contract of Sale any time before the Buyer takes over the goods. In such a case the Seller shall give the Buyer back the purchase price, without unnecessary delay by bank transfer to the Buyer’s account.
5.8. In case of giving a present to the Buyer, the contract of donation shall be concluded with a condition subsequent; upon a withdrawal from the Contract of Sale by the Buyer such a contract of donation shall become null and void, and the Buyer shall be obliged to give back the present together with the goods to the Seller.
5.9. Upon making a warranty claim or a withdrawal from the Contract by the Buyer the goods shall be sent in due time (see above) to the address given on page 1 in contacts.
Warranty claims shall be handled within 30 days from receiving the goods by the Seller
Upon the Buyer’s cancellation of the order before the delivery of goods that has been paid, during processing the order, the Buyer shall send the Seller a notification to the contact above. Shall the Buyer does not do so, the Seller shall have a right and power to charge an administration fee of 10 % from the total order amount.
6. Transport and delivery of goods
6.1. The goods shall be delivered to the destination specified in the Buyer’s order after the conditions in Article 3.4 have been fulfilled. The goods shall be delivered within the previously agreed period confirmed by the Seller in the order confirmation. The Buyer shall agree to these conditions by accepting the Terms and Conditions.
6.2. Upon special Buyer’s requirements, as for the transport of goods, the Buyer shall bear the risks and any subsequent costs associated with this way of transport.
6.3. The Seller shall deliver the goods hereunder to the destination specified in the order by the Buyer; the Buyer shall take over the goods at delivery.
6.4. Upon a necessity to deliver the goods repeatedly or in another way than under the order due to reasons of the Buyer, the Buyer shall reimburse all the expenses incurred in connection with the repeated delivery of the goods or another way of delivery.
6.5. Upon takeover of the goods the Buyer shall check the integrity of the consignment; in case of any damage of the package the Buyer shall inform the carrier immediately. The Buyer need not accept the parcel if the damaged package is indicating an unauthorized intrusion.
6.7. The customer (the Buyer) agrees to duly take over the consignment ordered in the online shop. In case the customer (the Buyer) refuses to take over the consignment, the Seller shall have a right and power to require a reimbursement of postal charge, package and administration fee for the performance connected with not taking over the consignment in the amount of CZK 500. Upon not reimbursing the compensation for the loss of postal charge and package fee by the Buyer the Seller shall have a legal right and power to charge CZK 29 for each started day until the damages caused by the customer (the Buyer) by not taking over the consignment have been reimbursed.
7. rights resulting from bad performance
7.1. Rights and duties of the contracting parties resulting from bad performance are governed by relevant generally binding regulations (including but not limited to Sec. 1914 to 1925, Sec. 2099 to 2117 and Sec. 2161 to 2174 Czech Civil Code).
7.2. The Seller shall guarantee to the Buyer that the goods are faultless. The Seller especially guarantees to the Buyer that at the time when the Buyer takes over the goods:
7.3. Provisions in Article 7.2 of the Terms and Conditions shall not apply for goods sold for a discount price due to a fault, for wear and tear due to normal usage; in used goods for faults caused by common wear and tear that the goods had when being taken over by the Buyer, or if it results from the nature of the goods.
7.4. The Buyer shall exercise the rights resulting from bad performance with the Seller at the address of the Seller’s premises where it is possible to raise the claim. The moment of taking over the goods to make a warranty claim by the Seller from the Buyer shall be the considered the time of making the warranty claim.
7.5. Other rights and duties of the parties connected with the guarantee of the Seller for faults may be provided for in Warranty Guidelines of the Seller.
7.7. The guarantee period shall be in accordance with the legislation 24 months.
8. other rights and duties of the contracting parties
8.1. The Buyer shall acquire title to the goods by paying the total purchase price for the goods.
8.2. The Seller shall not be bound by any Code of Conduct towards the Buyer under Sec. 1826 (1) (e) Czech Civil Code.
8.3. The Czech Trade Inspection with the registered office at Štěpánská 567/15, 120 00 Prague 2, Id. No.: 000 20 869, website http://www.coi.cz shall have the capacity to settle out-of-court consumer disputes hereunder.
Upon not reaching a common agreement between the Seller and the Buyer the Buyer may address the Czech Trade Inspection to settle the out-of-court claim; via websites http://www.coi.cz/ ; for addressing the Inspection in writing / personally see contacts on http://www.coi.cz/cz/o-coi/kontakty-inspektoraty/
8.4. The Seller shall have a right and power to sell goods pursuant to a Trade Permit. The relevant Trade Licence Office has the capacity to control the undertaking. The personal data protection authority has the capacity to govern the personal data protection. The Czech Trade Inspection has the capacity to control the compliance with the Act No. 634/1992 Sb., providing for the protection of consumers, as amended.
8.5. The Buyer hereby assumes the dangers of changes of circumstances as identified in Sec. 1765 (2) Czech Civil Code.
9. personal data protection
9.1. Personal data protection of the Buyer who is an individual is provided for by the Act No. 101/2000 Sb., providing for personal data protection, as amended.
The Online shop is registered in the register of the Authority for the protection of the consumers.
The body has been registered with the Authority for the personal data protection.
Notification of registration No. 00067795 / 001 was entered on 02 September 2016
in the register of personal data processing kept by the Authority for personal data protection.
Public register is available on http://www.uoou.cz/uoou.aspx?menu=29&submenu=30
9.2. The Buyer acknowledges processing of the following of his/her personal data: name and surname, address, identification number, VAT identification number, e-mail address, phone number (hereinafter together referred to as “personal data”).
9.3. The Buyer acknowledges the processing of his/her personal data by the Seller to enable exercising the Seller’s rights and duties hereunder and to file the data about the goods purchased. In case the Buyer does not choose another option, he/she acknowledges his/her agreement with the personal data processing by the Seller as well as with sending information and commercial communication. Not accepting the personal data processing provision shall not enable concluding the Contract of Sale on itself.
9.4. The Buyer agrees to give correct and true data in his/her order and inform the Seller without unnecessary delay about changes of his/her personal data.
9.5. The Seller shall have a legal right and power to authorize a third person to process personal data. Besides the carriers, the Seller shall not pass personal data to third persons without a prior consent.
9.6. Personal data shall be processed for an indefinite period of time. Personal data shall be processed in electronic form automatically or in printed form not automatically.
9.7. The Buyer acknowledges that his/her personal data are precise, and that he/she submitted his/her personal data on a voluntary basis.
9.8. If the Buyer assumes that the Seller or the processor (Article 9.5) process his/her personal data contrary to the protection of the Buyer’s private personal life or unlawfully, especially if the personal data are not precise with respect to the purpose of their processing, the Buyer shall have a right and power to:
9.9. If the Buyer asks for information concerning the processing of his/her personal data, the Seller shall be obliged to pass the information to him/her. The Seller shall have a right and power to ask for an appropriate compensation not exceeding the necessary costs connected with providing the information.
10. sending commercial communication and Saving data in cookies
10.1. The Buyer acknowledges receiving information relating to goods, services or the enterprise from the Seller to the electronic address of the Buyer; further on, the Buyer acknowledges receiving Seller’s commercial communication at his/her e-mail address.
10.2. The Buyer acknowledges saving so called cookies on his/her computer. If it is possible to perform the purchase via website and perform hereunder without saving the so called cookies on the Buyer’s computer, the Buyer may revoke his/her consent under the previous sentence any time.
11.1. Information linked to the relations of the Seller and the Buyer, including but not limited to the withdrawal from the Contract, shall be delivered by mail as a registered letter unless provided otherwise in the Contract of Sale. The information is to deliver to the contact address of the other party and shall be deemed as delivered and effective upon its delivery by mail with exception of Buyer’s withdrawal that shall be effective upon sending by the Buyer within the period for withdrawal.
11.2. Such a notification shall be deemed as delivered if the addressee refused to take it over or did not retrieve it within the storage period, or in case of its returning as undeliverable.
11.3. Contracting parties may deliver common correspondence via e-mail to the address given in the user account of the Buyer or indicated in the order or on the Seller’s website.
12. final provisions
12.1. Upon a presence of a foreign element in the relation hereunder, the Parties agree that it shall follow the Czech law. The consumer’s rights under generally binding legislature shall not be affected by that.
12.2. If a provision shall be or become invalid or ineffective, such a provision shall be replaced by such a provision the economic effect of which comes as close as possible to that of the invalid provision. The validity of the remaining provisions shall not in any way be affected by the invalidity or ineffectiveness of one provision. Changes and amendments to the Contract of Sale or Terms and Conditions shall be made in writing.
12.3. The Contract of Sale and the Terms and Conditions shall be filed in electronic form by the Seller; it shall not be publicized.
12.4. Contact data of the Seller: Vojtěch Valenta – V.J.V.
Premises: Licibořice 27, Licibořice 53823 firstname.lastname@example.org
Phone: 469 679 166
12.6. Warranty procedure: In case of raising a claim or returning the goods, the goods shall be duly packed, not damaged; a form shall be enclosed including the name, address, number of the order and a specification of the reasons for returning the goods or raising a warranty claim as well as the account number to which the settled amount shall be reimbursed.
In case of not fulfilling the provision under this paragraph, the online shop shall have a legal right and power to charge 10 % from the total price of the goods for the administration connected with not enclosing a covering letter by the sender or with recreating the original conditions of the goods after not packaging or catching a smell.