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General Terms and Conditions

This translation of the General Terms and Conditions is for informational purposes only.

The conclusion of the Purchase Contract is governed by the General Terms and Conditions in the Czech language and the laws of the Czech Republic.

 

GENERAL TERMS AND CONDITIONS

 

Companies

ŠVD Trading s.r.o.

with its registered office at Jaurisova 515/4, 140 00, Prague 4, Czech Republic

Identification number: 24794309

registered in the Commercial Register maintained in Prague, Section C, Insert 177029

for the sale of goods through an online store located at www.zbozivakci.eu

  1. INTRODUCTORY PROVISIONS
    1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of ŠVD Trading s.r.o. , with its registered office at Jaurisova 515/4, 140 00, Prague 4, Czech Republic, identification number: 24817309, registered in the Commercial Register maintained  in Prague, Section C, Insert 174820 (hereinafter referred to as the "Seller") are regulated in accordance with the provisions of § 1751 paragraph. 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 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 (hereinafter referred to as the "buyer" ") through the seller's online shop. The online store is operated by the seller on a website located at the www.zbozivakci.eu Internet address  (hereinafter referred to as the "website") through the website interface (hereinafter referred to as the "web interface of the store  ").
    2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a contractual partner, is a legal entity or a person who acts when ordering goods in the course of his business or in his independent exercise of his profession.
    3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
    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 language. The purchase contract can be concluded in the Czech language.  Any other language versions are only informative.
    5. The wording of the Terms and Conditions may be changed or supplemented by the Seller. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
  2. USER ACCOUNT
    1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
    2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account upon any change thereof. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
    3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
    4. The buyer is not entitled to allow the use of the user account to third parties.
    5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months , or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
    6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of third-party hardware and software.
  3. CONCLUSION OF THE PURCHASE CONTRACT
    1. All presentations of goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. The provisions of § 1732 paragraph. 2 of the Civil Code does not apply.
    2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if these goods by their nature cannot be returned by the usual postal route. The prices of the goods include value added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web interface of the store. The prices of goods are not adjusted to the person of the buyer on the basis of automated decision-making.  This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
    3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods, and on the method and time of delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the event that the seller offers free transport of goods, a prerequisite for the right to free transport 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 web interface of the store. In the event that there is a partial withdrawal from the purchase contract by the buyer and the total purchase price of the goods for which the buyer has not withdrawn from the contract does not reach the minimum amount necessary for the right to transport the goods free of charge under the previous sentence, the buyer's right to transport the goods free of charge expires and the buyer is obliged to pay for the transport of the goods to the seller.
    4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:
      1. ordered goods (ordered goods "put" by the buyer into the electronic shopping cart of the web interface of the store),
      2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
      3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
    5. Before sending the order to the seller, the buyer is allowed to check and change the input data that the buyer has placed in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "buy and pay" button. The data stated in the order are considered correct by the seller. Immediately after receiving the order, the Seller shall confirm this receipt 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").
    6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
    7. The contractual relationship between the seller and the buyer arises from the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
    8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
  4. PRICE OF GOODS AND PAYMENT TERMS
    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:

 in cash at the Seller's premises at Jiřího ze Vtelna 1731, 193 00, Prague, only by prior telephone agreement;

 cash on delivery at the place specified by the buyer in the order;

cashless transfer to the seller's CZK account No.  2900435949/2010 or EUR account 2101949580/2010 maintained by Fio banka Praha (hereinafter referred to as the "Seller's Account");

cashless via the ComGate payment system;

 in cash or by credit card for personal collection at a consignment office;

 through a loan granted by a third party.

    1. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
    2. The seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
    3. In the case of payment in cash, cash on delivery or at a parcel dispensary, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of  the conclusion of the purchase contract.
    4. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
    5. The Seller is entitled, especially if the Buyer does not receive an additional confirmation of the order (Article 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
    6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
    7. If it is customary in the course of trade or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer regarding payments made under the purchase contract. The seller MBJ Trade s.r.o. is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's electronic address.
  1. WITHDRAWAL FROM THE PURCHASE CONTRACT
    1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of:
      1. goods manufactured according to the buyer's requirements or adapted to his personal needs,
      2. perishable goods or goods with a short shelf life, as well as goods which, due to their nature, have been irreversibly mixed with other goods after delivery,
      3. goods in sealed packaging which, for health or hygiene reasons, should not be returned after the buyer has violated them, and
      4. audio or video recordings or computer programs in sealed packaging, if the buyer has broken it.
    2. Unless it is a case referred to in Article 5.1 has in accordance with the provisions of § 1829 paragraph. 1 and paragraph. 2 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the date on which the buyer or a third party designated by him other than the carrier takes over the goods,  or:
      1. the last piece of goods, if the buyer orders more pieces of goods within one order, which are delivered separately,
      2. the last item or part of a supply of goods comprising several items or parts, or
      3. the first delivery of goods, if the contract stipulates a regular delivery of goods for an agreed period.
    3. Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 5.2 To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer, inter alia,  to the address of the seller's premises or to the seller's e-mail address eshop@zbozivakci.eu.
    4. In the event of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The Buyer shall send or hand over the goods back to the Seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the Seller has offered to pick up 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 by their usual postal route.
    5. In the event of withdrawal from the purchase contract pursuant to Article 5.2 within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods by the buyer or otherwise, if the buyer agrees and does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the seller receives the goods or before the buyer proves that he has sent the goods back, whichever occurs first.
    6. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.
    7. In cases where the buyer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code the right to withdraw from the purchase contract, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are taken over by the buyer. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to an account specified by the buyer.
    8. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement for such a gift loses its effectiveness and the buyer is obliged to return the goods to the seller and the provided gift.
  2. TRANSPORT AND DELIVERY OF GOODS
    1. In the event that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
    2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
    3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
    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 case of any defects immediately notify the carrier. In the event of a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier. This does not affect the Buyer's rights from liability for defects of goods and other rights of the Buyer arising from generally binding legal regulations.
    5. Other rights and obligations of the parties in the transport of goods may be regulated by the seller's special delivery terms, if issued by the seller.
  3. RIGHTS FROM DEFECTIVE PERFORMANCE
    1. The rights and obligations of the contracting parties regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 Coll.  Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
    2. Where the object of purchase is a tangible movable thing that is connected to the digital content or digital content service in such a way that it could not perform its functions without it ('thing with digital characteristics'), the  provisions on liability for defects of the seller shall also apply to the supply of digital content or digital content services, even if they are supplied by a third party. This does not apply if it is clear from the content of the purchase contract and the nature of the matter that they are provided separately.
    3. The seller is liable to the buyer that the item has no defects upon receipt. In particular, the seller is liable to the buyer that the thing:
      1. correspond to the agreed description, type and quantity as well as quality, functionality, compatibility, interoperability and other agreed characteristics,
      2. it is fit for the purpose for which the buyer requires it and to which the seller has agreed, and
      3. It is supplied with agreed accessories and instructions for use, including assembly or installation instructions.
    4. The Seller is liable to the Buyer that, in addition to the agreed properties:
      1. the item is suitable for the purpose for which such a thing is normally used, including with regard to the rights of third parties, legislation, technical standards or codes of conduct of the sector concerned, in the absence of technical standards,
      2. the quantity and quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual properties of items of the same kind that the buyer can reasonably expect, even with regard to 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 at least modified in a comparable way at the time of the conclusion of the purchase contract,  as it was made, or that it could not have influenced the decision to purchase,
      3. the item is supplied with accessories, including packaging, installation instructions and other instructions for use that the buyer can reasonably expect, and
      4. the item corresponds to the quality or design of the sample or template that the seller provided to the buyer before the conclusion of the purchase contract.
    5. 7.4shall not apply if the Seller has specifically notified the Buyer before concluding the Purchase Contract that some property is different and the Buyer expressly agreed to it when concluding the Purchase Agreement.
    6. The seller is also liable to the buyer for a defect caused by improper assembly or installation, which was carried out by the seller or under his responsibility under the purchase contract. This also applies if the installation or installation was carried out by the buyer and the defect occurred due to a deficiency in the instructions provided by the seller or the supplier of digital content or digital content services, if it is an item with digital characteristics.
    7. If a defect occurs within one year of receipt, the item is deemed to have been defective at the time of receipt, unless the nature of the item or defect excludes it. This period does not run for the period during which the buyer cannot use the thing, if the defect is justified.
    8. 7.37.4
      1. for a period of two years if, according to the sales contract, the digital content or digital content service is to be supplied continuously over a period of time, and if the supply is agreed for a period exceeding two years, for the entire period;
      2. for as long as the buyer can reasonably expect to do so if, under the sales contract, the digital content or digital content service is to be supplied in a single one time; This shall be assessed according to the type and purpose of the item, the nature of the digital content or digital content service and taking into account the circumstances surrounding the conclusion of the sales contract and the nature of the obligation.
    9. 7.8
    10. 7.8.17.8.2
    11. The buyer may complain about a defect that will affect the item within two years of receipt. If the subject of the purchase is an item with digital characteristics and if, according to the purchase contract, the digital content or digital content service is to be provided consistently for a certain period of time, the buyer may complain of a defect that occurs or manifests itself within two years of receipt. If it is to be performed for a period longer than two years, the buyer has the right to a defect that occurs or manifests itself during this period. If the buyer has rightfully criticized the seller for the defect, the period for determining the defect of the thing does not run for the period during which the buyer cannot use the thing.
    12. If the item has a defect, the buyer may request its removal. At its option, it may 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 expensive compared to another; This is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in the second way without significant difficulties for the buyer.  The seller may refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the item would have without the defect.
    13. The Seller shall remove the defect within a reasonable time after its reproach so as not to cause significant inconvenience to the Buyer, taking into account the nature of the item and the purpose for which the Buyer bought the item. To remove the defect, the seller will take over the thing at his own expense. If required by the disassembly of the item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect appeared, the seller shall dismantle the defective item and install the repaired or new item or pay the associated costs.
    14. The buyer may request a reasonable discount or withdraw from the purchase contract if:
      1. 7.13
      2. the defect manifests itself repeatedly,
      3. the defect is a material breach of the purchase contract, or
      4. it is clear from the seller's statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to the buyer.
    15. 7.14
    16. The defect can be reproached to the seller from whom the item was purchased. However, if another person is designated for repair, who is at the seller's location or in a place closer to the buyer, the buyer shall reproach the defect to the person who is designated to carry out the repair.
    17. With the exception of cases where another person is designated to carry out the repair, the seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its registered office. The seller is obliged to issue a written confirmation to the buyer when making a claim, stating the date on which the buyer made the complaint, what its content is, what method of settling the complaint the buyer requires and the buyer's contact details for the purpose of providing information on the settlement of the claim. This obligation also applies to other persons designated to carry out repairs.
    18. Complaints, including the removal of defects, must be settled and the buyer must be informed of it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period. If the obligation concerns the supply of digital content, including digital content supplied on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.
    19. 7.18
    20. The seller is obliged to provide the buyer with a confirmation of the date and method of settlement of the claim, including confirmation of repair, and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated to carry out repairs.
    21. The rights arising from liability for defects of goods may be specifically exercised by the buyer in person at Jiřího ze Vtelna 1731, 193 00, Prague 9, by telephone  at 773836472 or by e-mail at eshop@zbozivakci.eu.
    22. Who has the right of defective performance, he is also entitled to reimbursement of costs reasonably incurred in the exercise of this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period within which the defect must be complained of, the court will not grant the right if the seller argues that the right to compensation was not exercised in time.
    23. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
    24. The seller or another person may provide the buyer with a quality guarantee in addition to his legal rights from defective performance.
  4. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
    1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
    2. The seller is not in relation to the buyer bound by any codes of conduct within the meaning of § 1820 paragraph. 1 point. n) of the Civil Code.
    3. Consumer complaints are handled by the seller via e-mail. Complaints can be sent to the seller's electronic address. Information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address. Other rules for handling complaints are not set by the seller.
    4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: https://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 http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer arising from the purchase contract.
    5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://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 consumer dispute resolution).
    6. The buyer may address a complaint to the supervisory authority or state supervision. The seller is entitled to sell goods on the basis of a trade license. A trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with the Civil Code and Act No. 634/1992 Coll., On Consumer Protection, as amended.
    7. The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
  5. PRIVACY POLICY
    1. 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") related to the processing of the buyer's personal data for the purposes of performance of the purchase contract,  For the purposes of negotiating the purchase contract and for the purpose of fulfilling the seller's public law obligations, the seller performs through a special document.
  6. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
    1. The buyer agrees within the meaning of § 7 para. 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, with the sending of commercial communications by the seller 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 regulation related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.
    2. The seller fulfils its legal obligations related to the possible storage of cookies on the buyer's device by means of a special document.
  7. DELIVERY
    1. It may be delivered to the buyer's electronic address.
  8. FINAL PROVISIONS
    1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. By choosing the law under the previous sentence, the buyer who is a consumer is not deprived of the protection afforded to him by the provisions of the law from which it is not possible to deviate contractually and which, in the absence of a choice of law, would otherwise apply under the provisions of Article 6 para. 1 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).
    2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions 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.
    3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
    4. The annex to the Terms and Conditions consists of a sample form for withdrawal from the purchase contract.
    5. Contact details of the seller:

registered office address  - Jaurisova 515/4, 140 00, Prague 4;

address of the premises - Jiřího ze Vtelna 1731, 193 00, Praha 9;

e-mail address - eshop@zbozivakci.eu,

The Seller does not provide any other means of online communication.

Prague, 1.2.2023                    


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