TERMS AND CONDITIONS
of the company Monsterance s.r.o
Registered Office: Blanická 772/6, Vinohrady (Prague 2)
120 00 Prague, Czech Republic
VAT ID: CZ09679880
Registered in the Commercial Register under File No. 340347 C, Municipal Court in Prague
For the sale of goods through an online store located at the web address www.dratovani.cz
- INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as the "terms") of the company Monsterance s.r.o, with its registered office at Blanická 772/6, Vinohrady (Prague 2), 120 00 Prague, identification number: 09679880, registered in the Commercial Register under File No. 340347 C, Municipal Court in Prague (hereinafter referred to as the "seller"), govern, in accordance with 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"), the mutual rights and obligations of the contractual parties arising or established 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 store. The online store is operated by the seller on a website located at the web address www.dratovani.cz (hereinafter referred to as the "website") through its website interface (hereinafter referred to as the "website interface").
1.2. These terms do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business activities or in the exercise of their independent profession.
1.3. Deviating arrangements from the terms may be made in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms.
1.4. The provisions of the terms are an integral part of the purchase contract. The purchase contract and the terms are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous wording of the terms.
- USER ACCOUNT
2.1. Based on the registration made by the buyer on the website, the buyer can access their user interface. From their user interface, the buyer can place orders for goods (hereinafter referred to as the "user account"). If the website interface allows it, the buyer can also place orders for goods directly from the website interface without registration.
2.2. When registering on the website and when ordering goods, the buyer is required to provide all information correctly and truthfully. The data provided 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 their user account.
2.4. The buyer is not authorized to allow the use of their user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used their user account for more than 24 months, or if the buyer violates their obligations under the purchase contract (including the terms).
2.6. 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 equipment, or the necessary maintenance of the hardware and software equipment of third parties.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentations of goods placed in the website interface are of an informative nature, and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2, of the Civil Code shall not apply.
3.2. The website interface contains information about the goods, including the prices of individual goods and the costs associated with the return of goods, if the goods cannot be returned by regular postal mail due to their nature. The prices of the goods are listed including value-added tax and all related fees. The prices of the goods remain valid for as long as they are displayed in the website interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.
3.3. The website interface also contains information about the costs associated with packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the website interface applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer completes an order form in the website interface. The order form includes information about:
3.4.1. In the case of ordered goods (goods ordered by the buyer are "placed" into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment for the purchase price of the goods, information about the desired method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5. Before sending the order to the seller, the buyer is allowed to review and modify the information entered into the order, even with regard to the possibility of the buyer identifying and correcting errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "complete order" button. The information provided in the order is considered correct by the seller. Upon receipt of the order, the seller shall promptly confirm its receipt to the buyer by electronic mail sent to the buyer's email address specified in the user account or in the order (hereinafter referred to as the "buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price amount, estimated transportation costs), the seller is always entitled to request additional order confirmation from the buyer (e.g., in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance) sent by the seller to the buyer by electronic mail to the buyer's email address.
3.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. The costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
3.9. The e-shop provides access to product reviews by other consumers. The authenticity of these reviews is ensured by linking the reviews to specific orders, so it is not possible to review a product without placing an order. This way, we are able to verify and prove that the reviews come from real consumers.
- PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The buyer may pay the purchase price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller by the following methods: by bank transfer to the seller's account no. 2802162203/2010, held at Fio bank (hereinafter referred to as the "seller's account"); by non-cash payment through the Comgate payment system; by non-cash payment card.
4.2. In addition to the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect the provision 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 cash payment or payment on delivery, the purchase price is due upon receipt of the goods. In the case of non-cash payment, the purchase price is due immediately upon sending the order by clicking the "order with payment obligation" button (from the conclusion of 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 symbol. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the respective amount to the seller's account.
4.6. The seller is entitled, especially if the buyer does not provide additional order confirmation (Article 3.6), to request payment of the entire purchase price before sending the goods to the buyer. The provisions of Section 2119 (1) of the Civil Code do not apply.
4.7. Any discounts on the price of the goods granted by the seller to the buyer cannot be combined.
4.8. If it is customary in commercial practice or if required by generally binding legal regulations, the seller shall issue a tax document - an invoice regarding payments made on the basis of the purchase contract to the buyer. The seller is the value-added tax payer. The tax document - invoice shall be issued by the seller to the buyer after payment of the price of the goods and shall be sent to the buyer in electronic form to the buyer's email 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, the seller is obliged to register the received revenue with the tax administrator online; in case of a technical failure, no later than within 48 hours.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that, according to Section 1837 of the Civil Code, among other things, it is not possible to withdraw from a purchase agreement for the supply of goods that have been customized according to the buyer's wishes or for their person, from a purchase agreement for the supply of goods subject to rapid deterioration, as well as goods that have been irrevocably mixed with other goods after delivery, from a purchase agreement for the supply of goods in sealed packaging that the consumer has removed from the packaging, and for hygienic reasons, cannot be returned, and from a purchase agreement for the supply of sound or visual recordings or computer programs if the original packaging has been violated.
5.2. If it is not a case mentioned in Article 5.1 of the terms and conditions or another case where withdrawal from the purchase agreement is not possible, the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code within fourteen (14) days of receiving the goods, with the period running from the date of receipt of the last delivery of goods in the case of a purchase agreement for multiple types of goods or delivery of several parts. Withdrawal from the purchase agreement must be sent to the seller within the deadline mentioned in the previous sentence. For withdrawal from the purchase agreement, the buyer may use the model withdrawal form provided by the seller, which is an attachment to the terms and conditions. The buyer may send the withdrawal from the purchase agreement to the address of the seller's establishment or to the seller's email address email@example.com, among other means.
5.3. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the purchase agreement 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 agreement to the seller. If the buyer withdraws from the purchase agreement, the buyer shall bear the costs associated with returning the goods to the seller, even if the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the seller shall refund the money received from the buyer within fourteen (14) days of the withdrawal from the purchase agreement by the buyer, using the same method as the seller received from the buyer. The seller is also entitled to refund the performance provided to the buyer upon the return of the goods to the buyer or in another way, provided that the buyer agrees to it and it does not result in additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obligated to refund the received funds to the buyer until the buyer returns the goods to the seller or proves that the goods have been sent to the seller.
5.5. 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.
5.6. In cases where the buyer has the right to withdraw from the purchase agreement in accordance with Section 1829 (1) of the Civil Code, the seller is also entitled to withdraw from the purchase agreement at any time until the goods are received by the buyer. In such a case, the seller shall refund the purchase price to the buyer without undue delay, by bank transfer to an account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with a dissolving condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effect, and the buyer is obliged to return the provided gift to the seller together with the goods.
5.8. Withdrawal from the contract cannot be used when purchasing video tutorials.
- TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on the special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, according to the purchase agreement, 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 a different way than stated 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.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If the buyer finds any violations of the packaging indicating unauthorized intrusion into the consignment, the buyer is not obliged to accept the consignment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by special delivery conditions issued by the seller if applicable.
- RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. Rights and obligations of the contracting parties regarding rights arising from defective performance shall be 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 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that, at the time when the buyer took over the goods:
7.2.1. the goods have the qualities that the parties have agreed upon, and if there is no agreement, it has the qualities described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and based on their advertising,
7.2.2. the goods are suitable 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 agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, extent, or weight, and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions stated in Article 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of the goods caused by their normal use, to used goods for defects corresponding to the degree of use or wear and tear that the goods had at the time of takeover by the buyer, or as a result of the nature of the goods.
7.4. If a defect occurs within six months from the takeover, it shall be deemed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months from the takeover.
7.5. The buyer asserts rights arising from defective performance with the seller at the address of the seller's establishment where the acceptance of complaints is possible with regard to the assortment of goods sold, or at the seller's registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
- 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. The seller is not bound by any codes of conduct within the meaning of Section 1826 (1) letter e) of the Civil Code in relation to the buyer.
8.3. Consumer complaints are handled by the seller via the email address firstname.lastname@example.org. Information about the handling of the buyer's complaint will be sent by the seller to the buyer's email address.
8.4. The competent authority for out-of-court resolution of consumer disputes arising from a purchase agreement is the Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, website: https://adr.coi.cz/cs. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr may be used to resolve disputes between the seller and the buyer arising from the purchase agreement.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz, is the contact point pursuant to 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 consumer online dispute resolution).
8.6. The seller is authorized to sell goods based on a trade license. The trade control is carried out within the scope of its competence by the relevant trade licensing authority. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, within the defined scope, in particular, supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
8.7. By this, the buyer assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
- DATA PROTECTION
9.1. In accordance with Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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) ("GDPR"), the Seller fulfills its information obligation towards the Buyer in connection with the processing of the Buyer's personal data for the purposes of fulfilling the purchase contract, negotiating this contract, and fulfilling the Seller's public law obligations through a special document.
- SENDING COMMERCIAL COMMUNICATIONS AND COOKIE STORAGE
10.1. The Buyer agrees to receive information related to the goods, services, or the Seller's business at the Buyer's electronic address and further agrees to receive commercial communications from the Seller at the Buyer's electronic address. The Seller fulfills its information obligation towards the Buyer in connection with the processing of the Buyer's personal data for the purposes of sending commercial communications through a special document, in accordance with Article 13 of the GDPR.
10.2. The Buyer agrees to the storage of so-called cookies on their 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 their consent at any time.
11.1. The Buyer may be delivered to the Buyer's electronic address.
11.2. Notification whose acceptance has been refused by the addressee, which has not been collected within the storage time, or which has been returned as undeliverable, is also considered delivered.
11.3. The parties may mutually deliver routine correspondence by electronic mail to the electronic mail address stated in the Buyer's user account or stated by the Buyer in the order, or to the address stated on the Seller's website.
- FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law pursuant to the previous sentence does not deprive the Buyer, who is a consumer, of the protection afforded to them by mandatory provisions of the law from which it cannot be derogated by agreement, and which would be applicable in the absence of a choice of law under 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).
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes invalid or ineffective, a provision shall take effect which comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
12.3. The purchase contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. An annex to the Terms and Conditions is a sample withdrawal form.
12.5. Seller's contact details: delivery address Blanická 772/6, Vinohrady (Praha 2), email address email@example.com
In Prague, on August 1, 2023
by Anna Monsterance, founder of the Czech Wireworkers Association
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