seller: Anežka Juhová registered office at: Prague 5, Smíchov, Pod Hybšmankou 2818/3 contact address: Praha 7, Malířská 9 Identification number (IČO): 09667946 for the sale of goods through the e-shop located at anezkajuhova.com phone number: +420 731 903 601 e-mail: studio@anezkajuhova.cz
1. INTRODUCTORY PROVISIONS 1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Anežka Juhová, with registered office at: Prague 5, Smíchov, Pod Hybšmankou 2818/3, identification number (IČO): 09667946 (hereinafter referred to as the "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a Purchase Contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person – consumer (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller on the website located at anezkajuhova.com (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "E-shop Interface"). 1.2. The Seller is registered with the Assay Office (Puncovní úřad), registration number: 14839/2, hallmark:
1.3. Provisions deviating from the Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the Purchase Contract take precedence over the provisions of these 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 drawn up in the Czech and English. The Purchase Contract can be concluded in the Czech and English. 1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the Terms and Conditions.
2. CONCLUSION OF THE PURCHASE CONTRACT 2.1. All presentation of the goods placed in the E-shop Interface is of an informative nature and the Seller is not obliged to enter into a Purchase Contract regarding these goods. Section 1732(2) of the Civil Code shall not apply. 2.2. The E-shop Interface shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if they cannot be returned by normal postal means. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the E-shop Interface. The prices of goods are/are not adapted to the Buyer's personality on the basis of automated decision-making. This provision does not limit the Seller's ability to conclude a Purchase Contract on individually negotiated terms. 2.3. The E-shop Interface also contains information about packaging costs and delivery of the goods, and the method and time of delivery of the goods. Information about the costs associated with the packaging and delivery of the goods set out in the E- shop Interface applies only in cases where the goods are delivered within the Czech Republic. In the case where the Seller offers free shipping of goods, the prerequisite for the right to free shipping of goods on the part of the Buyer is the payment of the minimum total purchase price of the transported goods in the amount specified in the E-shop Interface. If there is a partial withdrawal from the Purchase Contract by the Buyer and the total purchase price of the goods for which there was no withdrawal by the Buyer does not reach the minimum amount required for the right to free transport of goods under the previous sentence, the Buyer's right to free transport of goods ceases and the Buyer is obliged to pay for the transport of goods to the Seller. 2.4. To order the goods, the Buyer shall fill in the order form in the E-shop Interface. The order form contains in particular information about: 2.4.1. the ordered goods (the Buyer "inserts" the ordered goods into the electronic shopping cart of the E-shop Interface), 2.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and 2.4.3. information about the costs associated with the delivery of the goods (collectively, the "Order"). 2.5. Before sending the Order to the Seller, the Buyer shall be allowed to check and change the input data entered into the Order by the Buyer, including with regard to the Buyer's ability to detect and correct errors arising during data entry into the Order. The Buyer sends the Order to the Seller by clicking on the button “Pay now". The information provided in the Order is considered correct by the Seller. The Seller shall promptly confirm receipt of the Order to the Buyer by e-mail to the Buyer's e- mail address specified in the user account or in the Order (hereinafter referred to as the "Buyer's e-mail address"). 2.6. The Seller is always entitled, depending on the nature of the Order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the Buyer for additional order confirmation (e.g. in writing or by telephone). 2.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address. 2.8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred by the Buyer in the use of means of distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer himself and shall not differ from the basic rate. 3. PRICE OF GOODS AND PAYMENT TERMS 3.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways: - cashless through Comgate‘s payment gateway
a) QR payment; b) Payment by card; c) Bank transfer; and d) Deffered payment (Skip Pay).
3.2. Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. 3.3. The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance. 3.4. In case of payment in cash or by card upon personal delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment via the Comgate payment gateway, the purchase price is payable at the time of conclusion of the Purchase Contract. 3.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the goods. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account. 3.6. The Seller is entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 2.6), to require payment of the full purchase price before the goods are shipped to the Buyer. Section 2119 (1) of the Civil Code shall not apply. 3.7. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other. 3.8. If it is customary in business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address. 4. WITHDRAWAL FROM THE PURCHASE CONTRACT 4.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code it is not possible to withdraw from the Purchase Contract: 4.1.1. on the delivery of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the entrepreneur and which may occur during the withdrawal period; 4.1.2. the supply of goods made to the consumer's requirements or adapted to his personal needs; 4.1.3. for urgent repairs or maintenance to be carried out at a place designated by the consumer at its/his/her express request; this shall not apply, however, to the carrying out of repairs other than those requested or the supply of goods other than spare parts necessary to carry out the repairs or maintenance; 4.1.4. the supply of goods in sealed packaging which, for health or hygiene reasons, are not suitable to be returned after having been breached by the consumer. 4.2. Unless it is a case referred to in Article 4.1 of the Terms and Conditions or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser has the right to withdraw from the Purchase Contract within fourteen (14) days from the date on which the Purchaser or a third party designated by the Purchaser other than the carrier takes delivery of the goods, in accordance with the provisions of Article 1829(1) and (2) of the Civil Code, or:
4.2.1. the last piece of goods, if the Buyer orders several pieces of goods within one order, which are delivered separately, 4.2.2. the last item or part of a delivery of goods consisting of several items or parts; or 4.2.3. the first delivery of the goods if the contract provides for regular delivery of the goods over an agreed period of time. 4.3. Withdrawal from the Purchase Contract must be sent to the Seller within the period specified in Article 4.2 of the Terms and Conditions For withdrawal from the Purchase Contract, the Buyer may use the template form provided by the Seller, which forms an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's registered office address or to the Seller's e-mail address studio@anezkajuhova.cz. 4.4. In the event of withdrawal from the Purchase Contract, the Purchase Contract shall be cancelled from the outset. The Buyer shall send or hand back the goods to the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to collect the goods himself. The deadline according to the previous sentence is maintained if the Buyer sends the goods before its expiry. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned due to their nature by the usual postal route. 4.5. In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer upon the return of the goods by the Buyer or in any other manner, provided that the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Contract, the Seller is not obliged to return the funds received to the Buyer before the Seller receives the goods or before the Buyer proves that he has sent the goods back, whichever is earlier. 4.6. The Seller shall be entitled to unilaterally set off a claim for reimbursement of damage to the goods against the Buyer's claim for reimbursement of the purchase price. 4.7. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the goods are accepted by the Buyer. In such case, the Seller shall return the purchase price to the Buyer without undue delay by transfer to the bank account designated by the Buyer. 4.8. If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller. 5. TRANSPORT AND DELIVERY OF GOODS 5.1. If the method of transport is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport. 5.2. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery. 5.3. If for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the Order, the Buyer is obliged to pay the costs
associated with the repeated delivery of the goods or the costs associated with a different method of delivery. 5.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the Buyer's rights under liability for defects in the goods and other rights of the Buyer under generally binding legal regulations. 5.5. Other rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller. 6. RIGHTS FROM DEFECTIVE PERFORMANCE 6.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended). 6.2 The Seller shall be liable to the Buyer that the item is free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that the item: 6.2.1. conforms to the agreed description, type and quantity, as well as quality and functionality and other agreed characteristics, 6.2.2. it is suitable for the purpose for which the Buyer requires it and to which the Seller has agreed, and 6.2.3. is supplied with the agreed accessories and instructions for use, including assembly or installation instructions. 6.3 The Seller is liable to the Buyer that in addition to the agreed features: 6.3.1. the item is suitable for the purpose for which the item is normally used, including with regard to the rights of third parties, legislation, technical standards or industry codes of practice, where there are no technical standards, 6.3.2. the item corresponds in quantity, quality and other characteristics, including durability, functionality, compatibility and safety, to the usual characteristics of items of the same kind that the Buyer can reasonably expect, even taking into account public statements made by the Seller or another person in the same contractual chain, in particular by advertising or labelling, unless the Seller proves that he was not aware of it or that it was modified at the time of the conclusion of the Purchase Contract in a manner at least comparable to that in which it was made or that it could not have influenced the decision to purchase, 6.3.3. the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the Buyer can reasonably expect; and 6.3.4. the item corresponds in quality or workmanship to the sample or sample provided by the Seller to the Buyer before the conclusion of the Purchase Contract. 6.4 Article 6.3 Terms and Conditions shall not apply if the Seller has specifically advised the Buyer prior to the conclusion of the Purchase Contract that a certain property of the item differs and the Buyer has expressly agreed to this when concluding the Purchase Contract. 6.5 The Seller shall also be liable to the Buyer for any defect caused by improper assembly or installation carried out by or under the responsibility of the Seller pursuant to the Purchase Contract. 6.6 If the defect manifests itself within one year of acceptance, it shall be deemed to have been defective already upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the time during which the Buyer cannot use the item, if the defect has been rightly pointed out.
6.7 The Buyer may complain about a defect that becomes apparent within two years of receipt. If the Buyer has rightfully pointed out the defect to the Seller, the period for pointing out the defect does not run for the period during which the Buyer cannot use the item. 6.8 If the item has a defect, the Buyer may demand its removal. He may, at his choice, require the delivery of a new item without defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately costly compared to the other method; this shall be assessed in particular with regard to the significance of the defect, the value the item would have had without the defect and whether the defect can be removed by the other method without significant difficulty for the Buyer. The Seller may refuse to remedy the defect if it is impossible or unreasonably expensive to do so, having regard in particular to the significance of the defect and the value which the thing would have had without the defect. 6.9 The Seller shall remedy the defect within a reasonable time after it has been pointed out so as not to cause the Buyer significant inconvenience, taking into account the nature of the item and the purpose for which the Buyer purchased the item. The Seller shall take possession of the defect at his own expense. If required the dismantling of an item the assembly of which was made in accordance with the nature and purpose of the item before the defect became apparent, the Seller shall dismantle the defective item and assemble a repaired or new item or pay the costs thereof. 6.10 The Buyer may demand a reasonable discount or withdraw from the Purchase Contract if: (a) the Seller has refused or failed to remedy the defect in accordance with Article 6.9 terms and conditions, (b) the defect appears repeatedly, (c) the defect is a material breach of the contract of sale; or (d) it is apparent from the Seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without substantial hardship to the Buyer.
6.11 If the defect is insignificant, the Buyer cannot withdraw from the Purchase Contract (within the meaning of Article 6.10 of these Terms and Conditions); it shall be assumed that the defect is not insignificant. If the Buyer withdraws from the Purchase Contract, the Seller shall refund the Purchase Price to the Buyer without undue delay after he has received the item or after the Buyer proves to him that he has sent the item. 6.12 The defect can be complained against the Seller from whom the item was purchased. However, if the repair is intended another person who is in the place of the Seller or in a place closer to the Buyer, the Buyer shall reproach the defect to the person designated to carry out the repair. 6.13 Except where another person is appointed to carry out the repair, the Seller shall accept the complaint at any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or at its registered office. The Seller shall be obliged to issue the Buyer with a written confirmation when submitting a claim, in which it shall indicate the date on which the Buyer submitted the claim, what the content of the claim is, what method of claim settlement the Buyer requires and the Buyer's contact details for the purpose of providing information on claim settlement. This obligation also applies to other persons designated to carry out the repair.
6.14 The complaint, including the removal of the defect, must be settled and the Buyer must be informed of this within thirty (30) days from the date of the complaint, unless the Seller and the Buyer agree on a longer period. 6.15 After the expiry of the time limit pursuant to Article 6.14 of the Terms and Conditions, the Purchaser may withdraw from the Purchase withdraw from the Purchase Contract or demand a reasonable discount. 6.16 The Seller is obliged to issue the Buyer with a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim. This obligation also applies to other persons designated to carry out the repair. 6.17 The Buyer may exercise its/his/her rights under the liability for defects in particular in person at Prague 5, Smichov, Pod Hybšmankou 2818/3, by telephone at +420 731 903 601 or by e-mail at studio@anezkajuhova.cz. 6.18 Whoever has a right from defective performance is also entitled to reimbursement of costs reasonably incurred in exercising this right. However, if the Buyer fails to assert the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the Seller argues that the right to compensation was not asserted in time. 7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES 7.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods. 7.2 The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1820(1)(n) of the Civil Code. 7.3 Consumer complaints are handled by the Seller via e-mail. Complaints can be sent to the Seller's electronic address. The Seller shall send information about the settlement of the Buyer's complaint to the Buyer's electronic address. No other rules for handling complaints are set by the Seller. 7.4 The Czech Trade Inspection Authority (Česká obchodní inspekce), with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at ec.europa.eu/consumers/odr/ can be used to resolve disputes between the Seller and the Buyer under the Purchase Contract. 7.5 The European Consumer Centre Czech Republic (ECC), with registered office at Štěpánská567/15, 120 00 Prague 2, internet address: www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes). 7.6 The Buyer may lodge a complaint with a supervisory or state supervisory authority. The Seller is entitled to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection (Úřad pro ochranu osobních údajů) supervises the protection of personal data. The Czech Trade Inspection Authority (Česká obchodní inspekce) supervises compliance with the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended. 7.7 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code. 8. DATA PROTECTION 8.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council
on the protection of natural persons 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 the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations on the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document. 9. SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES 9.1 In accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer consents to the Seller sending commercial communications to the Buyer's electronic address or telephone number. The Seller fulfils its information obligation towards the Buyer within the meaning of Article 13 of the GDPR relating to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a separate document. 9.2 The Seller fulfils its legal obligations relating to the possible storage of cookies on the Buyer's device by means of a separate document. 10. COMMUNICATION 10.1 The Buyer may be served at the Buyer's electronic address. 11. FINAL PROVISIONS 11.1 If the relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the previous sentence, the Buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I). 11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. 11.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible. 11.4 Contact details of the Seller: registered office address: Prague 5, Smíchov, Pod Hybšmankou2818/3, e-mail address studio@anezkajuhova.cz, telephone number: +420 731 903 601. The Seller does not provide any other means of on-line communication. In Prague on _______. 2024
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