TERMS AND CONDITIONS

 

Company:

Jarmila Matyášová

based in Helvíkovice 123, 564 01 Žamberk, Czech Republic

identification No.: 87752263

The company is registered in Trade register in Žamberk

(registration of 5.4.2011, under reference No. 9377/2011/ZVI/NOVL-251 at the Town Office Žamberk)

for the sale of goods through an online shop located on the web address www.malovaneozdoby.cz

 

 

 

1. Introductory provisions
1.1. These trading terms of Jarmila Matyášová company (further mentioned
only as „Trading terms“) based in Helvíkovice 123, 564 01 Žamberk, Czech
Republic, identification No. 87752263, listed in the Trade register in Žamberk (further only as „the Seller“) adjusts contractors mutual rights and duties of
contractors formed in context or based on the purchase contract (further
mentioned only as „the purchase contract“) closed by the Seller and another
individual or corporation (further mentioned only as „the Buyer“) through the
internet shop of the Seller. The internet shop is run by the Seller on the
internet adress www.malovaneozdoby.cz through a web interface (further
mentioned only as „the web interface“).

 

1.2. The trading terms further adjusts the rights and the duties of contractors when using the web page of the Seller located on the internet adress www.malovaneozdoby.cz (further mentioned only as „the Web site“) and other related legal relationships.

The trading terms does not relate to cases when the person which intends to buy the goods from the Seller does so within the scope of his own business activity.

1.3. Regulations that are different from the Trading terms may be arranged in a
Purchase contract. If regulations in Trading terms and the Purchase contract
differes, the ones listed in the Purchase contract are superior.

1.4. Regulations of the Trading terms are integral part of the Purchase contract.
The purchase contract and the Trading terms are in English language. The
Purchase contract can be issued in Czech language.

1.5. The wording of the Trading terms can be edited or updated by the Seller.
The rights and duties resulting from contracts closed before are not affected
by this regulation.

2. User Account

2.1. The Buyer can acess their user interface by registering on the Sellers Web
site. The Buyer can order goods through theirs user interface (further
mentioned only as „the User account). Web site also allows the Buyers to place
an order without the registration on the Web site.

2.2. When registering on the Web site and when ordering the goods the Buyer is
obliged to enter correct and complete data. May the data listed in the User
account change, the Buyer is obliged to update them immediately. The data
entered by the Buyer within the registration process are considered as true by
the Seller.

2.3. Acess to the User account is protected by the password. The Buyer is
obliged to keep the acess informations secret and takes due note of the fact
that the Seller is not responsible for the breach of this regulation by the
Buyer and following consequences.

2.4. The Buyer is not entitled to allow other persons use his User account. Such a
behavior is strictly restricted by the Seller.

2.5. The Seller is entitled to cancel any User account that haven´t been in use
for more than 12 months or in a case that the User account owner breaks the
Trading terms or the Purchase contract.

2.6. The Buyer takes due note of the fact that the User account does not have
to be constantly accesible and that especialy with the regard to essential
maintance of hardware and software equipement of the Seller, eventualy of
hardware and software of thirs parties.

 

3. Conclusion of a Purchase Order
3.1. The web interface of the shop includes the goods offered by the
Seller for a sale and that including the prices of each offered product. The
prices of offered products are listed including all relating fees. The offer of
the goods and prices are valid for the time they are published in web interface
of the shop. This regulation does not limit the possibility of the Seller to
form a contract with unique conditions. All of the offers placed on the web
interface of the shop are not binding and the Seller is not obliged to form the
Purchase contract for the goods.

3.2. The web interface of the shop includes information regarding the packing
and delivery costs of the goods. The information regarding the packing and
delivery costs are valid only for the country assigned in the web interface of
the shop. The prices of transport to other countries than Czech republic are
not binding and may be changed by the Seller. The Seller is obliged to inform
the Buyer in a case the transport costs are changed. In such a case the Buyer
is entitled to avoid the Purchase contract wihtout any fines and fees.

3.3. For the purchase of the goods the Buyer fills in the purchase form
published on the web interface of the shop. The purchase form (further
mentioned only as „the Order“) above all includes the information regarding the
goods that’s being ordered (the Buyer „inserts“ the goods to his purchase cart
in the web interface of the shop), payment method of the purchase price,
information regarding the chosen delivery method and information regarding
costs related with the packing and delivery of the goods.

3.4. The Buyer is allowed to edit and correct the information they‘ve entered
into the Order before it is sent to the Seller with the respect to the Buyers
possibility of checking the data inserted in the ordering process. The Buyer
sends the Order to the Seller by clicking the „Submit order“ button. The
information listed in the Order are considered by the Seller as correct and
complete. The Seller shall confirm the reception of the Order to the Buyer
within 2 working days by an e-mail sent to the adress entered by the Buyer in
the User account or the Order (further mentioned only as „the E-mail adress of
the Buyer“).

3.5. The Seller is always entitled to ask for additional order confirmation (by
a telephone or an e-mail) with respect to the nature of the Order (number of
the ordered pieces, height of the price or transport costs).

3.6. The contractual relation between the Seller and the Buyer comes into
existance by the Buyers acceptance (confirmation) of the Order. This
confirmation is sent to the E-mail adress of the Buyer.

3.7. The Buyer takes due note of the fact that the Seller is not obliged to accpet
the Order from persons or corporations, especialy from persons or corporations
that have violated the Trading terms or the Purchase contract of the Seller.

3.8. The Buyer agrees with the use of long-range communication instruments when orming the Purchase order and the Order. The costs originated by the use of
such instruments by the Buyer are paid by the Buyer (internet and telephone
bills).

 

4. Price of Goods and Payment Conditions
4.1. The price of the goods and eventual costs related with the delivery
of the goods can be paid by the Buyer to the Seller by following means:

- Bank transfer to the Sellers bank account No. 2600217034/2010, established at FIO BANKA a.s. (further mentioned only as „the Sellers bank account“).
- Cash on delivery (C.O.D.) in the place designated by the Buyer in the Order.

4.2. The Buyer is obliged to pay the packing and delivery costs together with
the price of the goods. If not stated otherwise the Purchase price consists of
the price of the goods, the packing and delivery price.

4.3. In case of cash payment or C.O.D. payment the Purchase price ammount of
due is the day of delivery. In the case of bank transfer the Purchase price
ammount of due is 10 days after conslusion of a Purchase order.

4.4. In a case of bank transfer the Buyer is obliged to pay the Purchase price
and state the correct variable symbol for the payment and this obligation is
fullfilled by the moment when the transfered ammount reaches the Sellers bank
account.

4.5. The Seller is entitled to require payment before expediting the goods when
the Buyer pays via bank transfer.

4.6. Possible sales of that the Seller offers in the shop can not be combined
with each other if not stated otherwise.

4.7. May it be usual in the busniess relation or may it be determined by
generaly binding legal enactment, the Seller shall issue an ivoice based on the
Purchase contract to the Buyer. The Seller is not a VAT payer. The Invoice will
be issued by the Seller to the Buyer when the Buyer pays the Purchase price or
right afterwards and will send it to the the E-mail adress of the Buyer.

5. Avoidance of a Contract
5.1. The Buyer takes into due note that by the regulation § 53 col. 8
law No. 40/1964 of the Civil Code subsenquentely ammended (further mentioned
only as „the Civil code“) the Buyer cant avoide a contract for a goods that had
been modified due to the Buyers wish.

5.2. If its not a case stated at the article 5.1. or any other case when the
Buyer can’t avoide the contract, the Buyer has by the regulation § 53 col. 7 of
the Civil code the right to avoid the Purchase contract within 14 days since the
succesful goods delivery to the Buyer. The avoidance of the Purchase order must
be demonstrably delivered to the Seller within 14 days since the succesful
goods delivery to the Buyer and it has to be delivered by mail to the Sellers
Premises or to e-mail adress of the Seller.

5.3. In a case of contract avoidance in the means stated in article 5.2. of the
Trading terms the Purchase contract is completely canceled from the moment of
its origination. The goods must be returned to the Seller within 14 working
days since origination of the avoidance. The goods must be returned to the
Seller undamaged and not used and also if possible in an original packing.

5.4. In a probation of 10 days since the return of the goods by the Buyer in
the means stated in articel 5.3 of the Trading terms the Seller is entitled to
check the goods especialy for damage, use or partly consumpted.

5.5. In a case of contract avoidance in the means stated in article 5.2. of the
Trading terms the Seller returns the Buyer the ammount of money equal to the
Pruchase price excluding the packing and transport costs. The Seller has a
probation of 10 days since he checked the goods against damage, use or partial
consumption to return the money to the Buyer with a respect to the article 5.4.
of the Trading terms. The return of the money will be done through bank
transfer to the account designated by the Buyer. The Seller is also entitled to
return the money in cash.

5.6. The Buyer takes due note of the fact that if the returned goods is damaged,
used or partly consumpted, the Seller is entitled to require compensation for
the damage, use or partial consumption. The Seller is entitled to deduct the
compensation for damage or the contractory fine from the ammount of money
returned to the Buyer.

6. Goods Transport and Delivery
6.1. The method of goods delivery is designated by the Seller if not stated otherwise in the Order or the Purchase order. In the case the method of
transport is chosen by the Buyer than the Buyer is liable for any risks and
additional costs resulting from this transport method.

6.2. If the Seller is due to the Purchase contract obliged to deliver the goods
to a place designated by the Buyer in the Purchase contract or in the Order
than the Buyer is obliged to take over the goods when delivered. If the Buyer
does not take over the goods when delivered, the Seller is entitled to demand a
fine of 100,- CZK for storage and the Seller is also entitled to avoide the
Purchase contract.

6.3. In a case that the goods has to be delivered repeatedly or by a different
method than stated in the Order or the Purchase contract because of obstruction
on the Buyers side than the Buyer is obliged to pay any additional costs
resulting from such situation.

6.4. The Buyer is obliged to check the sealing of the package and the package
itself against damage and in case of any defects the Buyer is obliged to
immediately inform the transport company. In case of unsealed or damaged
package the Buyer is entitled to refuse the take over of the goods. The Buyer
confirms that the package reached him sealed and undamaged in a condition
resulting from the Order and the Purchase order by singing the delivery list of
the transport company. Later complaints regarding the state of the package will
be refused after the delivery list has been signed.

6.5. Other rights and duties of the contractors regarding the transport of the
goods may be adjusted by the Delivery conditions of the Seller.

7. Liability for Defects and Guarantee
7.1. The rights and duties of the contractors regarding the Seller’s
liability for defects including the guarantee liability abides appropriate generaly binding legal enactment (especialy § 612 and following articles of the Civil code).

7.2. The Seller is responsible to the Buyer for the fact that the goods
conforms the Purchase contract and the Order and that it is wihtout defects,
eventualy that the defects are stated in the Purchase contract and the Order.
The conformity with the Purchase contract and the Order means that the goods to
be sold have the quality grade and usable characteristics required and defined
in the Purchase contract and the Order by the Seller, Manufacturer or Local
dealer or have defects and usuable characteristics that should be expected due
to the advertisment made by the Seller or have any defects or usable
charachteristics that are usual for such a kind of goods and it means as well
that the quality grade and usable charachteristics conform appropriate law
regulations in the designated quantity, measure or weight and that it
corresponds with the purpose of use stated by the Seller or with the purpose of
use usual for such a kind of goods.

7.3. In a case that the goods does not correspond with the Purchase contract or
the Order (further mentioned only as „Contrariety to the contract“) the Buyer
is entitled to request the Seller to immediately and free of charge bring the
goods to the shape according to the Purchase contract or the Order and that in
accordance with the Buyers choice by means of goods repair or exchange. If this
is not be possible than the Buyer may demand adequate price deduction or may
avoid the Purchase contract. Previous sentence does not apply when the Buyer
knew about the Contrariety to the contract while or before taking over the goods
or in a case that the Buyer caused the Contrariety to the contract himself.
Contrariety to the contract which comes out within 6 months since the day of
delivery is considered as a Contrariety existing in the moment of delivery
unless it opposes the character of the goods or unless the contrary is proven.

7.4. If the goods haven’t been used than the Seller is liable for defects that
comes out as a Contrariety to the contract during the guarantee period.

7.5. The rights of the Buyer results from the Sellers liability for defects
including the guarantee liability of the Seller can be claimed by the Buyer at
the Sellers Premises.

8. Other Rights and Duties of Contractors
8.1. The Buyer becoms the Owner by paying whole Purchase price of the
goods.

8.2. The Buyer takes due note that the software equipment and any other parts
forging the Web interface (including photos of the goods) are protected by the
Copyright. The Buyer pledhes themselve that he will not excersice activity that
might them or any other third party allow to use, edit, delete or update the
Web interface or its parts without the Sellers authorization.

8.3. The Buyer is not entitled to use mechanisms, software or other processes
that might have a negative impact on the Web interface and its functions. It is
restricted to use the Web interface in any way that might or would lead to any
kind harm, damage or loss to other customers of the Seller or to the Seller
itself and it is restricted to use the Web interface in any mean besides the
means it was designed for.

8.4. The Seller is not binded by any ethics code in the meaning of the
regulation § 53a col. 1 of the Civil code.

8.5. The Buyer takes into due note that the Seller is not liable for any errors, faults or mistakes incurred by an encroachment to the Web interface of any third party or caused by a misuse of the Web interface (including use for any other purpose than the Web interface was originaly designed for).

 

9. Personal Data Protection and Distribution of Commercial Messages
9.1. The protection of a Buyers personal data who is an individual, is
conforms with the law No. 101/2000 Sb. regarding the protection of personal data subseqentely ammended.

9.2. The Buyer agrees with the procession of following personal data by the
Seller: name and surname, adress, company identification number, VAT number,
e-mail adress and telephone number (further mentioned only as „the Personal
data“).

9.3. The buyer agrees with the procession of the Personal data by the Seller
for the purpose of execution of the rights and duties resulting from the
Purchase contract and the Order and for the purpose of distribution of the
Sellers commercial messages to the Buyer.

9.4. The Buyer takes into due note that they are obliged to hand over only
complete and correct personal data to the Seller. May the Personal data of the
Buyer change than the Buyer is obliged to immediately inform the Seller it.

9.5. The Seller may authorize a third party to process the personal data of the
Buyer. The Personal data will not be provided to any other third party than the
Personal data complier and the transport company without previous agreement of
the Buyer.

9.6. The personal data will be held for unlimited ammount if time. The Personal
data will be processed in an electronic form by an automated method or in a
printed form by a non-automated method.

9.7. The Buyer confirms that the Personal data provided to the Seller are
complete and correct and that the Buyer provides the data willingly. The Buyer
proclaims that he was instructed about the procesion of the Personal data and
about the possibility of cancelation the agreement with the procession of
theirs Personal data in a written form delivered to the E-mail adress of the
Seller or to the address of his Premises.

9.8. In a case that the Buyer supposes the Seller or the complier (article 9.5.)
carries out the data procession out of accordance with the Personal data and
life protection of the Buyer or of accordance with any other law (especialy
when the personal data are incomplete or incorrect) than the Buyer is entitled
to:
a) ask the Seller for an explanation
b) demand that the Seller fixes the situation immediately – this includes
block, correction, update or removal of Buyers Personal data from the Sellers
database. If the demand of the Buyer has been found duly justified than the
Seller or the Personal data complier immediately solves the situation by the
Buyers choice. If the Buyer or the Personal data complier do not gratify the
Buyer than the Buyer is entitled to turn to Office for the Personal Data
Protection. This article does not affect the right of the Buyer to contact the
Office for the Personal Data Protection immediately and directly.

9.9. If the Buyer asks about his Personal data procession than the Seller is
obliged to answer the Buyers question promptly. The Seller is entitled to
charge the Buyer with an adequate price not exceeding the costs he had for
providing the requested information regarding Buyers Personal data as stated in
previous sentence.

9.10. Confidentiality of personal data does not apply to cases where such information is requiree by any of the control and security authorities of the Czech Republic.

9.11. The buyer agrees with receiving the Sellers commercial messages offering
the Sellers goods, services or business that the Buyer deliveres to the E-mail
adress of the Buyer.

 

9.12. Seller's obligations regarding the handling of user's personal information

The Seller is in relation to the buyer's personal data by the processor in accordance with Article 28 of the GDPR. The internet shop operator Jarmila Matyášová, with registered office at Helvíkovice 123, 564 01 Žamberk, identification number: 87752263 (hereinafter referred to as the "seller") is the administrator of these data.

Seller agrees to process personal data obtained for the purpose of concluding a purchase contract between the seller and the buyer. Seller is not authorized to process or otherwise disclose personal data to third parties.

Seller processes personal data in the following range:

Name and surname of the buyer

Delivery address of the buyer

Buyer's phone number

Buyer's email address

The Seller undertakes to process and store the personal data of buyers only for the time necessary to exercise the rights and obligations arising from the contractual relationship between the seller and the buyer.

The Seller undertakes to provide technically and organizationally the protection of the processed personal data in such a way that unauthorized or accidental access to data, modification, destruction or loss, unauthorized transmissions, any other unauthorized processing, as well as other misuse may occur. personally and organizationally throughout the data processing process, all the obligations of the data processor resulting from the legislation are safeguarded. The technical and organizational measures adopted correspond to the degree of risk. Only authorized persons will have access to personal data. Authorized persons of the vendor who process personal data under these terms and conditions are required to maintain confidentiality about personal data and security measures whose disclosure would compromise their security. The seller shall ensure their demonstrable commitment to this obligation.

Upon termination of performance, the seller is required to erase all personal data if he is not required to store personal data under the law (eg tax law)

Relationships expressly not governed by these terms are governed by GDPR.


10. Delivery
10.1. If not agreed otherwise all the correspondence regarding the
Purchase contract and the Order must by delivered in writing to the other contractor by means of an e-mail or of a written letter (by choice of the sender). The documents will be delivered to the adress the Buyer stated in his User account.

10.2. The message is considered delivered when:
- the email reached the mailbox of the recievers mail server for incoming
messages. The message integirity can be guaranteed by a certificate.
- take-over of the message by the reciever or by the person encharged by the
reciever happens
- refusal of take-over of the message by the reciever or by the person encharged
by the reciever happens
- the message has not been taken-over by the reciever or by a person encharged
by the reciever and the message has been deposited for 10 days since the first
attempt of deliverance (this rule applies even when the reciever has not been
informed about deposition of the message)

11. Final Provisions
11.1. If the relationshiop related to the use of the Web site or a law
relationship based on the Purchase contract includes any international (or
foreign) element, than the contracting parties agrees that the relationship
follows Czech law. This regulation does not affect the rights of a consumer
resulting from generaly binding law regulations.

11.2. The Seller is entitled to sell the goods on the base of Trade certificate
and the activity of the seller is not subject of other business. The trading
inspection is done by appropriate local Trading office.

11.3. If any of regulations included in these Trading terms become invalid or
ineffective, than it is replaced by a regulation whereof its sense is the most
similar. Invalidity or ineffectivity of one regulation does not affect validity
or effectivity of any other regulation. Changes and ammendemnts of the Purchase
contract or the Trading terms demand the writing form.

11.4. The Purchase contract and the Trading terms are archived in an electronic
form by the Seller and is not accesible.

11.5. Contacts of the Seller:
adress for deliveries:

Jarmila Matyášová

Helvíkovice 123

564 01 Žamberk

Czech Republic

- E-mail address: jarmilamatyasova@seznam.cz

- Phone: 00420 732 304 002

 

In Helvíkovice 25.5.2018


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