BUSINESS CONDITIONS

 

Individuals

Magdalena Obedient

based Main 130, 25063 Velen

identification number: 88643336

registered in the Trade register of the Municipal part of Prague 4,

ref: P4-DP/4471/12/BEN/1085861/5

for the sale of goods through online store located on the internet at www.mp-patchwork.cz

 

  1. INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as "business conditions") of a natural person Magdalena Obedient, established Main 130, 25063 Velen, identification number: 88643336, registered in the Trade register of the Municipal part of Prague 4, ref: P4-DP/4471/12/BEN/1085861/5 (hereinafter referred to as "the seller") govern in accordance with the provisions of § 1751 paragraph. 1 of act no. 89/2012 Coll., the the civil code (hereinafter the "civil code") mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter "purchase contract") concluded between the seller and another natural person (hereinafter referred to as "the buyer") via internet shop of the seller. Online store is operated by the seller on a web page at the internet address www.mp-patchwork.cz (hereinafter referred to as "website"), and through the interface of the website (hereinafter referred to as "web interface of the shop").

1.1. Terms and conditions do not apply to caseswhere a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods within their business or in its separate profession.

1.2. Any provisions derogating from the commercial terms can be negotiated in the purchase contract. Divergent arrangements in the purchase contract take precedence over the provisions of the business terms and conditions.

1.3. The provisions of the business terms and conditions are an integral part of the purchase contract. Terms and conditions are written in Czech language. The purchase contract can be concluded in Czech, English or German language.

1.4. The text of the business conditions seller may modify or supplement. This provision shall not affect the rights and obligations established during the effectiveness of the previous version of business conditions.

  1. user account

2.1. On the basis of the buyer's registration made on the website the buyer can access their user interface. From its user interface buyer can order goods (hereinafter "user account"). In the event that the web interface allows shop, the purchaser may also order goods without registration directly from the web interface of the shop.

2.2. When registering on the website and when ordering goods the buyer is obliged to state correctly and truthfully all the data. The data referred to in the user account, the buyer when any change required to update. The data referred to 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 information necessary to access his user account.

2.4. The buyer is not entitled to allow the use of user's account to third parties.

2.5. The seller may cancel the user account, especially if the buyer your user account for more than 12 consecutive months not used, or if the buyer breaches its obligations under the purchase agreement (including business conditions).

2.6. The buyer acknowledges that user account may not be accessible continuously, in particular with regard to necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of hardware and software equipment of third parties.

  1. the conclusion of the purchase contract

3.1. The web interface of the shop contains information about the goods and including the prices of individual goods. Prices of goods are inclusive of value added tax and all related fees. The prices of goods remain in force for a period of time, when they are displayed in the web interface of the shop. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.

3.2. The web interface of trade also includes information about the costs associated with packaging and delivery of the goods.

3.2.1. For ordering the goods, the buyer fills in an order form in the web interface of the shop. The order form contains especially information about:

3.2.2. objednávaném goods (ordered goods "puts" buyer in the electronic shopping cart web interface trade),

3.2.3. the method of payment of the purchase price of the goods, data on the required method of delivery of the ordered goods and

3.2.4. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "the order").

3.3. Before sending the order to the seller, the buyer is allowed to check and change the data in the order submitted by the buyer, and also with regard to the option buyer to detect and correct errors when entering data into the order. The buyer sends the order by clicking on the button "CONFIRM ORDER". The data referred to in the order are considered correct by the seller.

3.4. Sending the order is considered such act of the buyer, which is an undisputed way identifies the ordered goods, purchase price, the person of the buyer, the method of payment of the purchase price, and is binding upon the contracting parties a draft of the contract. A condition for the validity of the order is filling in all the mandatory data in the order form, familiarity with these terms and conditions on the website and the confirmation of the buyer with these terms and conditions met.

3.5. The seller immediately after receipt of order the buyer confirms receipt by e-mail, and the e-mail address of the buyer specified in the user interface or in the order (hereinafter referred to as "electronic address of the buyer").

3.6. 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).

3.7. The contractual relationship between the seller and the buyer arises delivery order acceptance (acceptance) that is sent by the seller to the buyer by electronic mail, and the e-mail address of the buyer.

3.8. The buyer acknowledges that the seller is not obliged to conclude a purchase contract , especially with persons who have previously substantially breached the purchase contract (including terms and conditions).

3.9. In the event that any of the requirements referred in the order the seller cannot meet, send to the buyer on the buyer's email address amended offer, indicating the possible variants of the order and shall request the opinion of the buyer.

3.10. The amended offer is considered a new draft of the purchase contract and the purchase contract in such a case is concluded when acceptance of the buyer via electronic mail.

3.11. The buyer agrees with the use of distance communication means when concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself.

  1. the price of the goods and Payment conditions

4.1. The price of the goods and any costs associated with the delivery of the goods according to the purchase contract, the buyer may pay the seller the following ways:

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

cashless transfer to the account of the seller

For payments in the CZECH republic: no 2000649036/2010 held with the company Fio Banka, and.with.

For payments in EUR : 2100263448 /2010, Fio Bank and.with.

IBAN: CZ4020100000002100263448

BIC: FIOBCZPPXXX

(hereinafter referred to as "seller's account");

4.2. Together with the purchase price, the buyer is obliged to pay the seller also costs associated with packaging and delivery of the goods at an agreed rate. Unless expressly stated otherwise, the further purchase price and the costs associated with the delivery of the goods.

4.3. In the case of payment on delivery, the purchase price shall be payable upon receipt of goods. In the case of cashless payment, the purchase price is payable within 5 days from conclusion of the purchase contract.

4.4. In the case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods together with stating the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the account of the seller.

4.5. The seller is entitled, in particular in the event that the buyer does not receive additional confirmation of the order (art. 3.6), require payment of the full purchase price before sending the goods to the buyer.

4.6. Any discounts from the price of the goods supplied by the seller to the buyer cannot be mutually combined.

4.7. If it is in the usual course of trade or if so stipulated by generally binding legal regulations, issue the seller regarding payments made under a contract to the buyer an invoice. The seller is not a payer of value added tax. Invoice issued by the seller to the buyer after payment of the price of goods and send it electronically to the electronic address of the buyer.

  1. withdrawal from the purchase contract

5.1. The buyer acknowledges that pursuant to § 1837 of the civil code, cannot be, inter alia, to withdraw from the purchase contract: for the supply of goods, which was adjusted according to the wishes of the buyer or to his person (fleece, yardage, reinforcements), for the supply of audio or video recordings or computer program, if violated their original packaging, for the delivery of newspapers, periodicals or magazines, and manuals.

5.2. If this is not the case referred to in the article. 5.1 or about other cases where you cannot withdraw from the purchase agreement, the purchaser has, in accordance with the provisions of § 1829 paragraph. 1 of the civil code the right to withdraw from the purchase agreement within fourteen (14) days from receipt of the goods, and in the case that the subject of the purchase of several types of goods or delivery of several parts, the period runs from the date of receipt of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the deadline referred to in the previous sentence.

5.3. For the withdrawal from the purchase contract, the buyer may used model form provided by the seller, annexed to business conditions. Withdrawal from the purchase contract must be provably sent to fourteen (14) days from receipt of goods, on the address of the registered office of the seller or the electronic mail address of the seller

5.4. In case of withdrawal from the purchase contract according to the article. 5.2 of the business terms of the purchase agreement from the outset. The goods must be returned to the seller within fourteen (14) days from the withdrawal from the contract to the seller. If the purchaser withdraws from the purchase contract, the buyer shall bear the costs associated with returning the goods to the seller, and even in that case, when the goods cannot be returned because of their nature usual postal route. The goods must be returned to the seller undamaged and unworn off state and, if possible, in the original packaging.

5.5. In the case of withdrawal from the contract according to the article. 5.2 commercial terms, the seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract by the buyer, and it in the same way the seller from the buyer. The seller is also entitled to return performance provided by the buyer when returning the goods by the buyer or in another way, if the buyer will agree and will not incur the buyer additional costs. If the purchaser withdraws from the purchase contract, the seller is not obliged to return received funds to the buyer before the buyer returns the goods or proves that the goods the seller sent.

5.6. The buyer acknowledges that if the goods returned by the buyer is damaged, worn or partially consumed, the seller becomes entitled to damages incurred by him. Be entitled to reimbursement of the damage incurred to the goods, the seller is entitled to unilaterally against the buyer's right to refund the purchase price.

5.7. By the time of receipt of the goods by the buyer the seller shall be entitled at any time withdraw from the purchase agreement. In such a case, the seller returns the purchase price to the buyer without undue delay, and direct transfer to an account designated by the buyer.

5.8. If together with the goods provided the buyer a gift is a gift agreement between the seller and the buyer concluded with a condition subsequent that if there is a withdrawal from the contract buyer loses donation agreement regarding such a gift of efficiency and the buyer shall together with the goods to the seller return provided gift.

  1. shipment and delivery of goods

6.1. The method of delivery of goods determined by the seller, unless the purchase contract provides otherwise.In the case that it is way of transport is negotiated on the basis of a specific request of the buyer, the buyer bears the risk and any additional costs associated with this way of transport.

6.2. If the seller under the purchase contract must deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

6.3. In the event that due to reasons on the side of the buyer of the goods to be delivered repeatedly or otherwise than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with another delivery method.

6.4. When taking 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 breach of the package indicative of intrusion into the consignment buyer may not take the package. By signing the delivery note buyer confirms that the shipment of goods meet all the terms and conditions and any later claims of infringement of container shipments can not be disregarded.

 

  1. The rights of Defective performance

7.1. The rights and obligations of the contracting parties regarding the rights of defective performance shall be governed by the relevant generally binding regulations (particularly the provisions of § 1914 to 1925, § 2099 to 2117 and sections 2161 to 2174 of the civil code).

7.2. The seller is responsible to the buyer that the thing sold is in conformity with the purchase contract, especially that it is without defects. Accordance with the purchase contract means that the thing sold has quality and properties required by the agreement, by the seller, manufacturer or his representative discussed, or on the basis of the carried out by them advertising the expected, or the quality and properties for the cause of such kind of the usual, that meets the requirements of the legislation, it is in corresponding quantity, measure or weight and corresponds to the purpose which the seller for the use of the case stated or for that matter usually used.

7.3. In the event that, on receipt by the buyer is not in conformity with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), buyer has the right to the seller free of charge and without undue delay, to put into the state corresponding purchase contract, and according to the request of the buyer in exchange either case, or its repair; if such a procedure possible, the buyer may request a reasonable discount from the price or withdraw from the contract. This does not apply if the buyer about the conflict with the contract knew or conflict with the contract he has caused. The contradiction with the purchase contract, which takes effect within six (6) months from the date of receipt of the goods, is considered a contradiction existing in its takeover, if not in the nature of things or if it is proven otherwise.

7.4. The provisions referred to in the article. 7.3 these terms and conditions shall not apply to goods sold at a lower price to a defect for which the lower price was negotiated..

7.5. Rights of defective performance shall be exercised by the buyer at the seller at the address of the business. For the moment the complaint is considered to be the moment when the seller receives the claimed goods from the buyer.

7.6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the complaints procedure seller.

  1. other rights and obligations of the contracting parties

8.1. The buyer acquires ownership of the goods by paying the entire purchase price of the goods

8.2. The seller is not in relation to the buyer bound by any codes of conduct within the meaning of § 1826 paragraph. 1. e) of the civil code.

8.3. To out-of-court settlement of consumer disputes from the contract of sale is the relevant Czech trade inspection, based Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: http://www.coi.cz

8.4. The seller is entitled to sell the goods on the basis of a trade license. Trade control is carried out in the framework of its competence, the competent trade licensing office. Supervision of the protection of personal data performed by the Office for the protection of personal data. The Czech trade inspection performs within the defined scope, inter alia, supervision over compliance with act no. 634/1992 Coll., on consumer protection, as amended.

8.5. The buyer hereby assumes the risk of change of circumstances within the meaning of § 1765, paragraph. 2 of the civil code.

  1. the protection of personal data

9.1. The protection of personal data of the buyer, who is a natural person, is provided by act no. 101/2000 Coll., on the protection of personal data, as amended.

9.2. The buyer agrees with processing these personal data: name and surname, address of residence, identification number, tax identification number, electronic mail address, telephone number and date of birth (hereinafter collectively referred to as "personal information").

9.3. The buyer agrees to the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the purchase contract and for the purposes of the management of the user account. If the buyer chooses another option, agrees to the processing of personal data by the seller also for the purpose of sending information and business communication from the buyer. Consent to the processing of personal data in its entirety under this article is not a condition which itself would prevent the conclusion of the purchase contract.

9.4. The buyer acknowledges that it is obligated to your personal data (when registering, in his user account, when ordering from the web interface by trade) correctly and truthfully and that it shall without undue delay inform the seller about change in their personal data.

9.5. Processing of personal data by the buyer the seller may appoint a third party as a processor. In addition to the persons transporting the goods will not be personal data by the seller without the prior consent of the buyer passed on to third parties.

9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.

9.7. The buyer confirms that the provided personal data are accurate and that he was advised that this is a voluntary provision of personal data.

9.8. In the event that the buyer thought the seller or processor (art. 9.5) performs the processing of his personal data, which is in contradiction with protection of private and personal life of the purchaser or in conflict with the law, especially if personal data are inaccurate with regard the purpose of their processing, may:

9.8.1. ask the seller or processor for explanation,

9.8.2. require the seller or processor to remedy the situation.

9.9. If the buyer asks for information about the processing of their personal data, the seller is obliged to deliver this information. The seller has the right to provide information pursuant to the previous sentence, require reasonable compensation not exceeding the costs necessary for the provision of information.

  1. Sending commercial messages and storing cookies

10.1. The buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agrees to receive commercial communications seller to buyer's email address.

10.2. The buyer agrees with storing cookies on his computer. In the event that the purchase is on a web page can be made and the obligations of the seller under the purchase agreement to perform, without causing store cookies on your computer buyer, the buyer may consent under the previous sentence revoked at any time.

11. Delivery

11.1. Notification concerning relations of the seller and the buyer,in particular regarding the withdrawal from the purchase contract, must be received by mail by registered letter, unless the purchase contract provides otherwise. The notice shall be delivered to the relevant contact address of the other party, and shall be deemed delivered and effective upon their delivery through the mail, with the exception of the notification of withdrawal from the contract by the buyer, when is the resignation effective, if notification by the buyer within the time limit for the withdrawal is sent.

11.2. In the inbox is considered also a notice, whose takeover was the addressee refused, which was not picked up in the storage time, or that are returned as undeliverable.

11.3. The contracting parties can normal correspondence to each other to deliver via electronic mail, and the e-mail address indicated in the user account of the buyer or specified by the buyer in the purchase order or to the address listed on the web page of the seller.

  1. final provisions

12.1. If the relationship of the purchase agreement includes an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer rights resulting from generally binding legal regulations.

12.2. If any provision of these terms and conditions is invalid or ineffective, or such happens, the invalid provision a provision whose meaning is invalid provision as close as possible. The invalidity or unenforceability of one provision shall not affect the validity of the other provisions. Changes and supplements to the purchase contract or business conditions require written form.

12.3. The purchase agreement including the gtc is archived by the seller in electronic form and is not accessible.

12.4. The annex to the business conditions form the model form for withdrawal from the purchase contract.

12.5. Contact information seller: address for service Magdalena Obedient, Main 130, 25063 Velen, e-mail address info@mp-patchwork.cz, phone +420 736 616 295 .

 

In the e United on 1.1.2014