Terms and conditions
General Terms and Conditions
1. INTRODUCTORY PROVISIONS
1.1. Pursuant to Section 1751(1) of Act No. 89/2012, Civil Code (the "Civil Code"), these General Terms and Conditions (the "Terms and Conditions") of the company: Petra Holá, located at Okrasná 114, Prague 10, Czech republic, Company ID: 68971575, registered in the Trade and Business Register held by Prague 10 Town Hall (hereinafter referred to as the "Seller"), govern the mutual rights and obligations of the Parties arising from or in connection with a Sales Agreement concluded between the Seller and another individual (hereinafter the "Buyer") via the Seller's e-shop. The e-shop is operated by the Seller through their website at www.hojdavak.cz (the "Website"), by means of the Website interface (the "Web Interface").
1.2. These Terms and Conditions do not apply to transactions where the prospective Buyer is a corporate entity or an individual ordering products as a part of their business activity or as an independent professional.
1.3. Provisions derogating from these Terms and Conditions may be stipulated in the Sales Agreement. Any derogatory provisions of the Sales Agreement shall prevail over these Terms and Conditions.
1.4. All provisions of these Terms and Conditions are incorporated into the Sales Agreement by this reference. The Sales Agreement and the Terms and Conditions are drawn up in the Czech language. The Sales Agreement may be executed in the Czech language.
1.5. The Seller may amend or add to these Terms and Conditions from time to time, without prejudice to any rights and obligations accrued during the validity of the previous version of these Terms and Conditions.
2. USER ACCOUNT
2.1. After registering on the Website, the Buyer may access his or her user interface. The Buyer can order goods from his or her user interface (the "User Account"). If the Web Interface so allows, the Buyer may order goods on the Web Interface directly without prior registration.
2.2. When registering on the Website and when ordering goods, the Buyer shall provide true and accurate data. In the event of any change, the Buyer shall immediately update his or her data recorded in his/her User Account. The Seller relies on the information provided by the Buyer in his/her User Account and in his/her purchase orders.
2.3. Access to the User Account is protected with a login and a password. The Buyer shall keep the login information of his/her User Account confidential.
2.4. The Buyer shall not allow any use of his/her User Account by third parties.
2.5. The Seller may close an User Account, including, but not limited to when the Buyer has not used his/her User Account for one year or longer, or if the Buyer breaches his/her obligations arising from a Sales Agreement (including these Terms and Conditions).
2.6. The Buyer acknowledges and agrees that his/her User Account may not be accessible 24/7 for reasons including, but not limited to the necessary maintenance of the Seller's or third-party HW and SW.
3. EXECUTING A SALES AGREEMENT
3.1. Any presentation of our products displayed on the Web Interface is for reference only and the Seller is under no obligation to execute any Sales Agreements with respect to such goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
3.2. The Web Interface contains product information, including, for each item, its price and the cost of returning it, if its nature makes it impossible to return the product in the usual manner, i.e., by post. The displayed prices include the applicable VAT rate and any associated taxes and fees. All prices remain valid as long as they are displayed on the Web Interface. This provision is without prejudice to the Seller's right to conclude a Sales Agreement on special terms and conditions negotiated with the Buyer.
3.3. The Web Interface also contains information about packing and shipping costs. Any information about packing and shipping costs displayed on the Web Interface applies only to deliveries made within the Czech Republic.
3.4. The Buyer may order any goods by filling in the order form available on the Web Interface. The order form contains mainly the following information:
3.4.1. The product(s) ordered (the Buyer should select the product(s) he/she wishes to order by adding them to his/her "basket" on the Web Interface),
3.4.2. Payment method and shipping particulars, and
3.4.3. Ancillary costs associated with the delivery (hereinafter collectively referred to as the "Purchase Order").
3.5. Prior to sending the Purchase Order to the Seller, the Buyer is given the possibility to check and modify, if necessary, any information provided by him/her in the Purchase Order, so as to correct any mistakes he/she may have made. The Buyer will send the Purchase Order to the Seller by clicking on the "FINISH ORDER" (Order) button. The Seller relies on any information provided in the Purchase Order. Immediately upon receiving a Purchase Order, the Seller will confirm receipt to the Buyer by e-mail to the Buyer's E-mail Address provided in his/her User Account or in the Purchase Order (the "Buyer's E-mail Address").
3.6. Depending on the particulars of each Purchase Order (quantity of goods, Purchase Price, expected shipping cost), the Seller has the right to ask the Buyer to confirm his/her Purchase Order (e.g., in writing or by phone).
3.7. The contractual relationship between the Seller and the Buyer is established upon the receipt of the order confirmation (acceptance) sent by the Seller to the Buyer via e-mail to the Buyer's E-mail Address.
3.8. The Buyer agrees that the Sales Agreement be executed using remote communication tools. Any costs incurred by the Buyer in connection with the use of remote communication tools for concluding the Sales Agreement (Internet connection costs, phone charges) shall be borne by the Buyer; these costs do not differ from basic rates.
4. PRICE OF GOODS AND TERMS OF PAYMENT
4.1. The price of the goods and any ancillary costs that may be due under the Sales Agreement should be paid by the Buyer to the Seller by any of the following methods:
- In cash at the Seller's point of sale located at Františka Diviše 386/29 (FASA), Prague 10;
- In cash on delivery to the point specified by the Buyer in his/her Purchase Order;
- By credit card to the carrier, on delivery to the point specified by the Buyer in his/her Purchase Order;
- In advance, by wire transfer to the Seller's account in CZK No. 1613063017/3030 (Airbank)
IBAN/BIC: CZ6130300000001613063017/AIRACZPP, account holder Petra Holá (the "Seller's Account");
- In advance, by wire transfer to the Seller's account in EUR, 1613063025/3030 (Airbank)
IBAN / BIC : CZ3930300000001613063025 / AIRACZPP;
4.2. Together with the Purchase Price, the Buyer shall also pay the Seller any packing and shipping costs at the agreed amount. Unless explicitly stated otherwise, the term "Purchase Price" shall hereinafter mean the price including any ancillary costs.
4.3. The Seller does not demand any advance or similar payment from the Buyer. This provision is without prejudice to Section 4.6 of these Terms and Conditions pertaining to the obligation to pay the Purchase Price in advance.
4.4. In the event of cash payment and/or payment on delivery, the Purchase Price is due upon the receipt of the goods. If paid by wire transfer, the Purchase Price is due within 7 days from the Sales Agreement conclusion.
4.5. When paying the Purchase Price by wire transfer, the Buyer shall mention the relevant variable code in their payment order. In the event of payment by wire transfer, the Buyer's obligation to pay the Purchase Price is deemed discharged when the relevant amount is credited to the Seller's account.
4.6. The Seller shall have the right to demand that the Purchase Price be fully paid up prior to dispatching the goods to the Buyer, including, but not limited to when the Buyer fails to confirm his/her order upon the Seller's request (Section 3.6). The provisions of Section 2119(1) of the Civil Code shall not apply.
4.7. Any discounts that may be granted by the Seller to the Buyer are not cumulative.
4.8. If business custom and/or applicable law so requires, the Seller shall issue an invoice for VAT purposes to the Buyer for any payments to be made under the Sales Agreement. The Seller is VAT registered. The VAT invoice will be issued by the Seller to the Buyer after the price of the goods is paid, and either sent to the Buyer electronically to his/her e-mail address or attached to the order and delivered together with the goods.
5.1. The Buyer acknowledges and agrees that, according to Section 1837 of the Civil Code, a Sales Agreement may not be terminated for certain types of goods, including, but not limited to any goods that have been modified according to the Buyer's requests or to suit him/her, perishable goods, as well as any goods irreversibly mixed with other goods after delivery; the same applies to any Sales Agreement for goods delivered in sealed packaging that the consumer has taken out of the packaging, and that cannot be put back for hygiene reasons (e.g., the mattress of Hojdavak Baby); and to Sales Agreements pertaining to any audio or video recording or computer software, once the original packaging has been opened.
5.2. Apart from the circumstances referred to in Section 5.1 of these Terms and Conditions or any other situation where the Sales Agreement may not be terminated, the Buyer has the right, according to Section 1829(1) of the Civil Code, to terminate the Sales Agreement within fourteen (14) days after taking delivery of the goods; if the Sales Agreement pertains to several types of goods or if delivery is divided in several consignments, the above period shall start on the receipt date of the last consignment. The termination notice must be dispatched to the Seller by the above-stated deadline. The Buyer shall send the termination notice to the address of the Seller's point of sale or to their e-mail address: firstname.lastname@example.org.
5.3. If terminated pursuant Section 5.2 of these Terms and Conditions, the Sales Agreement shall be deemed rescinded. The goods must be returned to the Seller within fourteen (14) days after the termination. If the Buyer terminates the Sales Agreement, he/she shall bear any costs incurred to return the goods to the Seller, even in cases when the goods cannot be returned in the usual manner, i.e., by post, due to their nature.
5.4. If the Sales Agreement is terminated pursuant Section 5.2 of these Terms and Conditions, the Seller will be required to reimburse any payments received from the Buyer within fourteen (14) days after the termination of the Sales Agreement by the Buyer, by the same method by which the original payment was received from the Buyer. The Seller may also reimburse any payments received from the Buyer upon return of the goods by the Buyer or otherwise, provided the Buyer accepts such arrangements and these do not generate extra costs for the Buyer. If the Buyer terminates the Sales Agreement, the Seller will not be required to reimburse any received payments to the Buyer before the Buyer returns the goods or proves having dispatched them to the Seller.
5.5. The Seller has the right to unilaterally set off any claims they may have for damage to the goods against the Buyer's claim for the reimbursement of the Purchase Price.
5.6. In situations where the Buyer is entitled to terminate the Sales Agreement under Section 1829(1) of the Civil Code, the Seller shall also have the right to terminate the Sales Agreement at any time until the receipt of the goods by the Buyer. In that case, the Seller shall reimburse the Purchase Price to the Buyer with no undue delay, by wire transfer to an account to be specified by the Buyer.
5.7. If a gift is provided to the Buyer together with the goods, the donation agreement between the Seller and the Buyer is deemed concluded with the resolutory condition that, if the Sales Agreement is terminated by the Buyer, the donation agreement pertaining to any such gifts shall become null and void, and the Buyer shall be required to return such gifts to the Seller together with the goods.
6. SHIPPING AND DELIVERY
6.1. If shipping arrangements have been agreed to meet a special request by the Buyer, the Buyer shall bear any risks and extra costs, if any, associated with such specific shipping arrangements.
6.2. If, under the Sales Agreement, the Seller is required to deliver the goods to a specific location as specified by the Buyer in his/her Purchase Order, the Buyer shall have the obligation to take delivery of the goods.
6.3. If, for reasons for which the Buyer is responsible, several attempts to deliver need to be made or the goods need to be shipped by a channel different from the one specified in the Purchase Order, the Buyer shall bear any costs associated with repeated delivery or with changing the delivery method, as applicable.
6.4. When taking delivery of the goods from the carrier, the Buyer shall inspect all packs for any damage; any complaints must be immediately raised with the carrier. If the packing material is damaged in a manner indicating that the consignment has been illegally accessed, the Buyer will be under no obligation to accept the consignment from the carrier.
6.5. Other rights and obligations of the Parties with respect to the shipping of goods may be provided in special delivery terms issued by the Seller, if any.
7. LIABILITY FOR DEFECTS
7.1. The rights and obligations of the Parties as to liability for defects are governed by applicable law (including, but not limited to Sections 1914 through 1925, 2099 through 2117, and 2161 through 2174 of the Civil Code; and Consumer Protection Act No. 634/1992, as amended).
7.2. The Seller is responsible and liable to the Buyer for delivering goods free of any defects. The Seller is mainly liable to the Buyer for ensuring, on delivery to the Buyer, that:
7.2.1. The goods have the properties agreed upon between the Parties; if no properties have been agreed upon, the goods shall have the properties that have been described by the Seller or by the manufacturer, or that the Buyer expects in view of the nature of the goods and based on the Seller's and/or the manufacturer's advertising;
7.2.2. The goods are suitable for their intended use as declared by the Seller, or for the usual purpose of goods of the same type,
7.2.3. By their quality and design, the goods correspond to the agreed sample or model, if their quality and/or design have been agreed upon based on a sample or model,
7.2.4. The goods are supplied in the agreed quantity, degree or weight, and
7.2.5. The goods comply with all applicable law.
7.3. Section 7.2 of these Terms and Conditions shall not apply: in case of goods sold at a discount, to the defect for which the discount was granted; to normal wear and tear; in case of second-hand goods, to defects to be reasonably expected in view of the wear and tear of the goods when delivered to the Buyer; or if the nature of the goods so requires.
7.4. Any defects discovered within six months after delivery are deemed having been present on delivery. The Buyer may raise his/her claims for defects in consumer goods within 24 months of receipt.
7.5. The Buyer shall file his/her complaints with the Seller at the address of the Seller's point of sale where such a complaint can be handled in view of the product range marketed there; he can also do so at the Seller's headquarters or place of business.
7.6. Other rights and obligations of the Parties pertaining to the Seller's liability for defects may be defined in the Seller's Complaint Rules.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The ownership of the goods passes to the Buyer upon full payment of the Purchase Price.
8.2. In their relationship with the Buyer, the Seller is bound by no Codes of Conduct as provided in Section 1826(1e) of the Civil Code.
8.3. The body competent for out-of-court settlement of any disputes arising from the Sales Agreement is Česká obchodní inspekce, located at Štěpánská 567/15, 120 00 Prague 2, Company ID: 000 20 869, web: http://www.coi.cz.
8.4. The Seller is authorized to sell goods based on a business licence. The business is supervised by the competent Trade and Business Office. Privacy and data protection is supervised by Úřad pro ochranu osobních údajů (the Office for Personal Data Protection). Among other, Česká obchodní inspekce supervises the respect of Consumer Protection Act No. 634/1992, as amended.
8.5. The Buyer hereby accepts bearing the risk of change in circumstances as per Section 1765(2) of the Civil Code.
9. PRIVACY AND DATA PROTECTION
9.1. The Buyer's (who is an individual) personal information is protected under Personal Data Protection Act No. 101/2000, as amended.
9.2. The Buyer hereby gives his or her consent that his/her following personal information be processed: name and surname, home address, personal ID number, tax ID number, e-mail, phone number and other information (hereinafter collectively referred to as "Personal Data").
9.3. The Buyer gives his/her consent that his/her Personal Data be processed by the Seller for the purpose of exercising any rights and fulfilling any obligations arising from the Sales Agreement, and for the purpose of his/her User Account administration. Unless the Buyer explicitly requests otherwise, he/she also gives his/her consent that his/her Personal Data be processed by the Seller for the purpose of sending information and advertisements to the Buyer. The consent to Personal Data processing to the full extent defined in this Section is not a precondition without which the Sales Agreement could not be executed.
9.4. The Buyer acknowledges and agrees that he/she shall provide accurate and full Personal Data (when registering, in his/her User Account, in his/her Purchase Order placed from the Web Interface), and that he/she shall inform the Seller without undue delay of any change in his/her Personal Data.
9.5. The Seller may outsource the processing of the Buyer's Personal Data to a third party (the "Processor"). The Buyer's Personal Data will not be disclosed by the Seller to third parties without the Buyer's prior consent, except any carriers shipping the goods.
9.6. The Personal Data will be processed over an unlimited period of time. The Personal Data will be processed in electronic form by automatic means or in paper form by non-automatic means.
9.7. The Buyer hereby represents and warrants that any Personal Data provided by him/her are accurate, and that he/she has been informed that providing his/her Personal Data was a voluntary act.
9.8. If the Buyer believes that the Seller or the Processor (Section 9.5) has been processing his/her Personal Data in a manner incompatible with the protection of the Buyer's privacy and/or with applicable law, including, but not limited to, his/her Personal Data being inaccurate with respect to the purpose of its processing, he/she may:
9.8.1. Request an explanation from the Seller or the Processor, as applicable,
9.8.2. Request that the Seller or the Processor, as applicable, correct this situation.
9.9. Upon the Buyer's request, the Seller shall provide him/her with information about the processing of his/her Personal Data. For information provided pursuant to the previous sentence, the Seller has the right to demand a reasonable fee that shall not exceed the expenses incurred by them for providing the information.
10.1. The Buyer agrees that information about the Seller's products, services or company be sent to the Buyer's E-mail Address; he/she also agrees that the Seller's advertising be sent to his/her e-mail.
10.2. The Buyer agrees that so-called cookies be saved on his/her computer. If online purchase can be completed and the Seller's obligations under the Sales Agreement fulfilled without saving any cookies on the Buyer's computer, the Buyer will be able to withdraw his/her consent given in the previous sentence at any time.
11.1. Notices to the Buyer may be sent to his/her e-mail address.
12.1. In the event that the relationship arising from the Sales Agreement involves any international (foreign) element, the Parties agree that their contract should be governed by the laws of the Czech Republic. This provision is without prejudice to any consumer rights under applicable law.
12.2. If any provision of these Terms and Conditions is or becomes invalid or unenforceable, it shall be replaced by a valid and enforceable provision as close as possible to the intent of the original provision. The invalidity or unenforceability of any provision is without prejudice to the validity and enforceability of any other provision.
12.3. The Sales Agreement including these Terms and Conditions is retained by the Seller in electronic form and is not accessible.
12.4. A template Sales Agreement Termination Form is attached hereto.
12.5. Seller's contact information and returning goods: postal address: Petra Holá, Františka Diviše 386/29 (FASA), 10400 Prague 10, Czech republic, e-mail: email@example.com, phone 00420720752328.
Appendix: Template Sales Agreement Termination Form
Buyer's name and surname
Buyer's phone number and e-mail
Seller's name and surname (or company name)
Seller's company ID
Notice of Termination
On ..., I concluded with you, through your e-shop www.hojdavak.cz, a Sales Agreement with the following subject matter: ... I took delivery of these goods on...
As the contract was made online, i.e., through a remote communication tool, I decided to exercise my right under Section 1829(1) in connection with Section 1818 of Act No. 89/2012, Civil Code, as amended, and hereby inform you of my withdrawal from the Sales Agreement previously mentioned.
I am returning the goods to you, address: Petra Holá, Františka Diviše 386/29 (FASA), 10400 Praha 10, Czech republic, in a separate parcel; I also ask you to reimburse me the purchasing
price of CZK ... and CZK ... for postal carriage to my bank account no. ... within 14 calendar days of receiving the returned goods.
With kind regards,
Copy of the bill