Terms and Conditions
of the ‘Shopitak store, s.r.o.’ company with its registered office at Pavlovská 12, Brno, identification number: 09094822, listed in the Commercial Register kept by the Regional Court in Brno, under C 117220 for the sale of goods through an online store located at the internet address www.shopitak.cz.
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as „business conditions”) of the ‘Shopitak store, s.r.o.’ company with its registered office at Pavlovská 12, Brno, identification number: 09094822, listed in the Commercial Register kept by the Regional Court in Brno, under C 117220 (hereinafter referred to as „seller “) regulate, under the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contracting parties arising in connection with or based on the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another person (hereinafter referred to as the “Buyer”) through the seller’s online store. The online store is operated by the seller on a website located at the internet address www.shopitak.cz (hereinafter referred to as the „website”), via the website interface (hereinafter referred to as the „store’s web interface”).
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts in the course of their business or in the course of their independent profession when ordering goods.
1.3. Provisions deviating from the business conditions can be agreed upon in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity 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 its user interface. From its user interface, the buyer can order goods (hereinafter referred to as „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.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in the event of any change. The data provided 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 a 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 the use of the user account to third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account longer than, 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 around the clock, especially due to the necessary maintenance of hardware and software equipment of the seller, or due to the necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is informative and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. 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 the goods cannot, by their nature, be returned by regular mail. The prices of goods are listed including value-added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller’s ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on 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.
3.4. 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:
3.4.1. the ordered goods (the ordered goods are „inserted” by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as „order”).
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even concerning 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 the „Order” button. The data listed in the order are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm the reception to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or the order (hereinafter referred to as the „Buyer’s e-mail address”).
3.6. 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).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order, 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 the use of means of distance communication when 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 (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs 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 goods under the purchase agreement to the seller in the following ways: cashless transfer to the seller’s account No. 2500871768/2010, kept with Fio bank (hereinafter „seller’s account”).
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 3 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment code. In the case of non-cash payment, the buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller’s account.
4.6. The seller is entitled, especially in the event when the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer regarding payments made based on the purchase contract. The seller is a payer of value-added tax. The tax document – an invoice – will be issued by the seller to the buyer after payment of the price of the goods and will be sent in the electronic form to the buyer’s e-mail address.
4.9. According to the Act on the Registration of Sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods, which has been irretrievably mixed with other goods after the delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for the supply of audio or video recordings or computer program packaging.
5.2. If it is not a case referred to in Article 5.1 of the Terms and Conditions or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract per § 1829 paragraph 1 of the Civil Code within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can 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 to the address of the seller’s office or the seller’s e-mail address.
5.3. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller by the buyer within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
5.4. In the event of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received it from the buyer. The seller is also entitled to return the fulfillment provided by the buyer when returning the goods to the buyer or in any other way if the buyer agrees and the buyer does not incur additional costs. If the buyer withdraws from the purchase contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the right to compensation for damage caused to the goods against the buyer’s right to a refund of the purchase price.
5.6. In cases where the buyer has the right to withdraw from the purchase contract per the provisions of § 1829 paragraph 1 of the Civil Code, 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 will return the purchase price to the buyer without undue delay, non-cash to the account designated by the buyer.
5.7. 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 untying condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift ceases to be effective and the buyer is obliged to return the given gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted based on a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. 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.
6.3. If for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods or costs associated with another method of delivery.
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 case of any defects immediately notify the carrier. In the case of finding 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 in the goods and other rights of the buyer arising from generally binding legal regulations.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller if issued by the seller.
7. RIGHTS FROM DEFECTIVE Fulfillment
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective fulfillment are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).
7.2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that, at the time when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or the manufacturer or expected by the buyer, having regard to the nature of the goods and the advertising made 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. the goods correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.4. The seller has obligations from defective fulfillment at least to the extent that the obligations from defective fulfillment of the manufacturer persist. The buyer is otherwise entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. If per other legislation the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period or that they will retain their usual properties. If the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.
7.5. The provisions set out in Article 7.4 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer or if it follows from the nature of the goods. The right of defective fulfillment does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect, or if the buyer himself caused the defect.
7.6. The rights from the liability for defects of the goods apply to the seller. However, if the confirmation issued to the seller regarding the scope of rights from liability for defects (in the sense of the provisions of § 2166 of the Civil Code) mentions another person for repair who is closer to the seller’s place or place for the buyer, the buyer shall exercise the right to repair by the one who is designated to perform the repair. Except in cases where another person is designated to repair according to the previous sentence, the seller is obliged to accept the complaint in any establishment where acceptance of the complaint is possible for the range of products or services provided, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including a confirmation of the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.
7.7. The buyer may specifically exercise the rights from liability for defects of the goods in particular, by phone at 777 628 156 or by e-mail at shopitak@shopitak.cz.
7.8. The buyer shall inform the seller which right he has chosen, upon notification of the defect, or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
7.9. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the buyer may require delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only a part of the goods, the buyer may only request a replacement. if this is not possible, he may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to deliver new goods or replace parts even in the case of a remediable defect if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or if he does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the buyer.
7.10. Whoever has the right according to § 1923 of the Civil Code, is also entitled to reimbursement of costs expediently incurred in exercising this right. However, if the right to compensation is not exercised within one month after the expiry of the period within which the defect must be alleged, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.
7.11. Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. Concerning the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The handling of consumer complaints is provided by the seller via the electronic address shopitak@shopitak.cz. The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase agreement.
8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).
8.6. The seller is entitled to sell goods based on a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.7. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The seller fulfills his information obligation towards the buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and the Council on the protection of individuals concerning 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 Regulation”) related to the processing of the buyer’s personal data to fulfill the purchase contract, to negotiate the purchase contract and to fulfill the public law obligations of the seller through a special document.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. Per the provisions of Section 7, Paragraph 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 agrees to receive commercial communications sent by the Seller to an electronic address or the telephone number of the buyer. The seller fulfills his 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 to send commercial communications through a special document.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11. DELIVERY
11.1. It can be delivered to the buyer to the buyer’s email address.
12. FINAL PROVISIONS
12.1. 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. The choice of law under the previous sentence does not deprive the consumer who is a consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation 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).
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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.
12.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
12.4. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
12.5. Seller’s contact details: delivery address Minská 13, 616 00, Brno, e-mail address shopitak@shopitak.cz, phone 777 628 156.
In Brno on April 7, 2020