Terms and conditions

N1. Introductory provisions 1.1. The following terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Petra Liptáková, registered office of Chrastava, U Nisa 178 , identification number: 09558845 , registered in the Commercial Register maintained in Liberum, section, insert, (hereinafter referred to as "seller") are adjusted in accordance with the provisions of section 1751 para. 1 of Act No. 89/2012 Coll., Civil Code, as amended (hereinafter referred to as the Civil Code), the mutual rights and obligations of the parties arising in connection with or on the basis of the purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online shop is operated by the seller on a website located at the website www.mmkovovyroba.cz (hereinafter referred to as the "Website"), through the interface of the website (hereinafter referred to as the "web interface of the store").

1.2. The terms and conditions do not apply where the person intending to purchase the goods from the seller is a legal person or person acting in ordering the goods in the course of their business or in the course of their independent pursuit of the profession. 

1.3. Provisions diverging from the terms of trade can be negotiated in the purchase agreement. The divergent arrangements in the purchase agreement 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 agreement. The purchase agreement and the terms and conditions are drawn up in the Czech language. The purchase agreement can be concluded in The Czech language. 

1.5. The wording of the terms and conditions may be amended or supplemented by the seller. This provision is without prejudice to the rights and obligations arising during the period of application of the previous version of the Terms and Conditions.  

2. User account 

2.1. Based on the buyer's registration made on the website, the buyer can access their user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the buyer can also order goods without registering directly from the store's web interface. 2.2. When registering on the website and ordering goods, the buyer is obliged to provide all the information correctly and truthfully. The buyer is obliged to update the details provided in the user account upon any change. The details given 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 username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. 

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 does not use their user account for longer than [the time period], or if the buyer violates its obligations under the purchase agreement (including the terms and conditions). 

2.6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the vendor's hardware and software equipment, or the necessary maintenance of third party hardware and software equipment. 

3. Conclusion of a purchase agreement 

3.1. All presentations of goods placed in the web interface of the store are informative and the seller is not obliged to enter into a purchase agreement regarding these goods. Section 1732 (par. 2 of the Civil Code does not apply. 

3.2. The store's web interface contains information on goods, including the prices of individual goods and the cost of returning goods, if by definition such goods cannot be recovered by normal postal channels. The prices of the goods are shown including value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to enter into a purchase agreement on individually negotiated terms. 

3.3. The store's web interface also contains information about the costs associated with packaging and delivery of goods. Information about the costs associated with the packaging and delivery of goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic. 

3.4. To order the goods, the buyer fills out the order form in the store's web interface. In particular, the order form contains information about: 

  3.4.1. goods ordered (the goods ordered are "put" by the buyer into the e-shopping basket of the store's web interface), 

  3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and 

  3.4.3. information on the costs associated with the delivery of goods (together referred to as the "order"). 

3.5. Prior to sending the order to the seller, the buyer is allowed to check and change the details that the buyer has entered into the order, including with regard to the buyer's ability to detect and correct errors made when entering the data into the order. The order is sent by the buyer to the seller by clicking on the "Complete order" button. The details given in the order are considered correct by the seller. The seller shall confirm this receipt to the buyer by e-mail immediately after receiving the order, to the buyer's e-mail address specified in the user account or order (hereinafter referred to as the "buyer's e-mail address"). 

3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, amount of purchase price, anticipated shipping costs), to ask the buyer for additional confirmation of the order (for example in writing or by phone).

3.7. The contractual relationship between the seller and the buyer arises from the 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. 

3.8. The buyer agrees to use the means of communication remotely when entering into the purchase agreement. The costs incurred by the buyer when using distance communications in connection with the conclusion of the purchase agreement (the cost of internet access, the cost of telephone calls) are borne by the buyer himself, and do not differ from the basic rate.

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 under the purchase agreement to the seller in the following ways: - in cash at the seller's premises at Chrastava, U Nisa 178 - cash on delivery at the place designated by the buyer in the order; - by wire transfer to the seller's account No. 1221875032/3030, held with Airbank ("the seller's account"); - cashless payment card; - by means of a loan granted by a third party. 

4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs related to the packing and delivery of the goods at the agreed amount. Unless expressly stated otherwise, the purchase price as well as the costs associated with the delivery of the goods are to be understood as follows. 

4.3. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Art. 

4.4. In the case of cash payment or cash on delivery payment, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is payable within 3 days of the conclusion of the purchase agreement. 

4.5. In the case of a cashless payment, the buyer is obliged to pay the purchase price of the goods together with the indication of a variable payment symbol. In the case of a non-cash payment, the buyer's obligation to pay the purchase price is fulfilled by the time the relevant amount is credited to the seller's account. 

4.6. The seller is entitled, especially if there is no additional confirmation of the order by the buyer (Art. 3.6), require payment of the full purchase price before the goods are sent to the buyer. Section 2119(2) of the Act. 1 of the Civil Code does not apply. 

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

4.8. If it is customary in the course of trade or provided for by generally binding legislation, the seller issues the buyer with a tax document - an invoice - regarding payments made under the purchase agreement. The seller is not a value added tax payer. Tax document - the invoice is issued by the seller to the buyer after the price of the goods has been paid and sent in electronic form to the buyer's e-mail address. 

4.9. Under the Record of Sales Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure, within 48 hours at the latest. 

5. Withdrawal from the Purchase Agreement 

5.1. The Buyer notes that under the provisions of Section 1837 of the Civil Code, among other things, it is not possible to withdraw from the purchase contract for the delivery of goods that have been modified according to the buyer's wishes or for his person, from the purchase contract for the delivery of goods that are subject to rapid destruction, as well as goods that have been irrevocably mixed with other goods after delivery, from the purchase contract for the delivery of goods in sealed packaging that the consumer has removed from the packaging and for hygiene reasons it is not possible to return it and from the purchase contract for the delivery of an audio or image recording or computer program if he has violated their original packaging.  

5.2. Except in the case referred to in Art. 5.1 of the Terms and Conditions or any other case where the purchase agreement cannot be withdrawn, the buyer has in accordance with the provisions of § 1829 para. 1 civil code right to withdraw from the purchase contract, within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, that period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase agreement, the buyer may use the model form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase agreement may be sent by the buyer to, among other things, the address of the seller's premises, 

5.3. In the event of withdrawal from the purchase agreement according to Art. 5.2 of the terms and conditions of the purchase agreement are cancelled from the outset. The goods must be returned to the seller by the buyer within fourteen (14) days of delivery of the withdrawal from the purchase agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by normal postal channels due to their nature. 

5.4. In the event of withdrawal from the purchase agreement according to Art. 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of the withdrawal from the Purchase Agreement to the buyer, in the same way as the seller accepted them from the buyer. The seller is also entitled to return the services provided to the buyer as soon as the goods are returned to the buyer or otherwise, as long as the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase agreement, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he has sent the goods to the seller. 

5.5. The seller is entitled to unilaterally set off the claim for reimbursement of the purchase price against the buyer's claim for compensation.

5.6. In cases where the buyer has in accordance with the provisions of § 1829 para. 1 civil code right to withdraw from the purchase agreement, the seller is also entitled to withdraw from the purchase agreement at any time, up to the time of receipt of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay and without any cash to the account specified by the buyer. 

5.7. If a gift is given to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the untying condition that if there is a withdrawal from the purchase agreement by the buyer, the gift agreement in respect of such gift ceases to be effective and the buyer is obliged to return the gift provided to the seller together with the goods. 

6. Transport and delivery of goods 

6.1. Where the mode of transport is negotiated on the basis of a special request from 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 agreement to deliver the goods to a place designated by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery. 

6.3. In the event that, for reasons on the buyer's part, the goods have to be delivered repeatedly or in a different way than indicated in the order, the buyer is obliged to pay the costs associated with the re-delivery of the goods or the costs associated with another delivery method. 

6.4. Upon receipt of 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, to notify the carrier without delay. In the event of a finding of a breach of packaging indicating unauthorised entry into the package, the buyer is not required to take delivery from the carrier. 

6.5. Additional rights and obligations of the parties in the carriage of goods may be regulated by special delivery conditions of the sale

7. Rights from defective performance 

7.1. The rights and obligations of the parties regarding defective performance rights are governed by the relevant 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 and Act No. 634/1992 Coll., on consumer protection, as amended). 

7.2. The seller replies to the buyer that the goods do not have defects when they are taken over. In particular, the seller replies to the buyer that at the time the buyer took possession of the goods: 

   7.2.1. the goods have characteristics that have been agreed upon by the parties and, in the absence of an arrangement, have characteristics that the seller or manufacturer has described or that the buyer expected in view of the nature of the goods and on the basis of the advertising carried out by them, 

   7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used; 

   7.2.3. goods correspond to the quality or performance of the agreed sample or draft, if the quality or performance has been determined according to the agreed sample or draft;  

   7.2.4. the goods are in an appropriate quantity, amount or weight and 

   7.2.5. goods comply with the requirements of the legislation. 

7.3. The provisions referred to in Art. 7.2. the terms and conditions shall not apply to goods sold at a lower price per defect for which the lower price was agreed, to wear and tear caused by their normal use, to second-hand goods perdefect corresponding to the level of use or wear which the goods had when they were taken over by the purchaser, or where this is due to the nature of the goods. 

7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have already been defective on receipt. The buyer is entitled to claim the right from a defect that occurs in consumer goods within twenty-four months of receipt. 

7.5. Rights from defective performance are claimed by the buyer at the seller at the address of his establishment, in which acceptance of the claim is possible with regard to the range of goods sold, possibly even at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the seller's liability for defects may be modified by the seller's claim rules.

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 seller is not bound by any codes of conduct within the meaning of Section 1826(2) in relation to the buyer. 1 (e) of the Civil Code. 

8.3. The seller provides the handling of consumer complaints via the email address mmkovovyroba@seznam.cz. Information about the buyer's complaint will be sent by the seller to the buyer's e-mail address. 

8.4. For the out-of-court resolution of consumer disputes from the purchase agreement, the Relevant Czech Trade Inspection, with the registered office of Štěpánská 567/15, 120 00 Prague 2, ID No.: 09558845, Vat Number: CZ9258072450 internet address: https://adr.coi.cz/en. The online dispute resolution platform, located at https://ec.europa.eu/consumers/odr, can be used to resolve disputes between a seller and a buyer from a purchase agreement 

8.5. European Consumer Centre Czech Republic, based at Štěpánská 567/15, 120 00 Prague 2, internet address: https://www.evropyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of 21 May 2013 on resolving consumer disputes online and amending Regulation (EC) 2006/2004 and Directive 2009/22/EC (Online Dispute Resolution Regulation). 

8.6. The seller is entitled to sell the goods on the basis of a business license. The trade inspection is carried out within the scope of its competence by the relevant trade office. The data protection watchdog is carried out by the Office for The Protection of Personal Data. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended. 

8.7. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (par. 2 of the Civil Code. and defects can be modified by the seller's reclamation rules. 

9. Protection of personal data 

9.1. Its obligation to provide information to the buyer within the meaning of Art. 13 Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the GDPR) relating to the processing of personal data of the purchaser for the purposes of the performance of the purchase contract, for the purposes of negotiations on this contract and for the purposes of the performance of the seller's public obligations, the seller performs through a separate document. 

10. Sending commercial communications and storing cookies 

10.1. The buyer agrees to send information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to send commercial communications by the seller to the electronic address of the buyer. Its obligation to provide information to the buyer within the meaning of Art. 13 of the GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications is fulfilled by the seller through a special document 

10.2. The buyer agrees to store so-called cookies on his computer. In case the purchase on the website can be made and the seller's obligations under the purchase agreement fulfilled without storing the so-called cookies on the buyer's computer, the buyer can revoke the consent under the previous sentence at any time. 

11. Delivery 

11.1. The buyer can be delivered to the e-mail address of the buyer.filling the seller through a special document.

12. Final provisions 

12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. 

12.2. By choosing the law according to Art. 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded to him by the provisions of the legal order which cannot be derogated from contractually and which, in the absence of a choice of law, would otherwise apply under the provisions of Art. Article 6(1) 1 Regulation (EC) No 1/2004 of the European Parliament and of the Council 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I). 

12.3. If a provision of the Terms of Trade is invalid or ineffective, or becomes so, a provision whose meaning is as close as possible to that of an invalid provision shall take the place of invalid provisions. The nullity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. 

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

12.5. A model withdrawal form for the purchase agreement forms an annex to the Terms and Conditions. 

12.6. Contact details of the seller: address for delivery chrastava, U Nisy 178, 463 31, e-mail address mmkovovyroba@email.cz, phone 604 301 924 

Done at Chrastava, 1.4. 2018