THE TERMS AND CONDITIONS OF Sekyt Art Studio
GENERAL TERMS AND CONDITIONS
e-shop is run by a freelancer Milena Sekyt (Sekyt Art Studio)
based Pod Písečnou 652/9, 182 00, Prague 8 - Troja (Czech Republic, European Union)
for the purpose of selling goods through an online store located on the Internet at mucha-alphonse.eu
1. Introduction
2nd User Account
3. Conclusion of the purchase agreement
4. Price of goods and payment arrangements
5. Withdrawal from the contract
6. Transport and delivery of goods
7. Rights of defective performance
8. Other rights and obligations of parties
9. Protection of personal data and sending commercial communications
10. Get Your commercial communications and storage cookies
11th Delivery
12. Final Provisions
1. Introduction
1.1 These terms and conditions ("Terms and Conditions") Milena Sekyt (Sekyt Art Studio), (hereinafter referred to as "Seller") regulate the mutual rights and obligations arising in connection with or under the purchase agreement (hereinafter " Purchase Contract ") concluded between the seller and any other natural or legal person (hereinafter the" Buyer ") through the online shop of the seller. Internet business is operated by the seller on the Internet at mucha-alphonse.eu through a website interface (hereinafter referred to as "Web-based commerce").
1.2 Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person who is ordering goods in their business or in their separate occupations.
13. Provisions diverging from those terms and conditions can be agreed in the purchase contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The Purchase Agreement and the terms and conditions are written in the English language. Purchase contract can be concluded in the English language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
The second user account
1.2 Upon registration of the buyer 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 trade, buyers can also order goods without registration directly from the web interface business.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. The data stated in the user's account at any buyer is obliged to update their change. The data referred to by the buyer in the user account and ordering goods by the seller are deemed to be correct.
3.2 Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user's account.
4.2 Buyer shall not allow the use of a user account to third parties.
2.5 Seller may cancel a user account, especially when the buyer your user account for more than 12 months is not used, or if the buyer breaches of its obligations under the purchase contract (including terms and conditions).
6.2 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3. Conclusion of the purchase agreement
1.3 All presentations of goods placed in the web interface of trade is indicative and seller is not obliged to conclude a purchase agreement regarding this product. The provisions of § 1732, paragraph. 2 of the Civil Code does not apply.
3.2.1.1. Web interface provides information about goods, prices of individual goods and costs for returning the goods if the goods by their nature can not normally be returned by post. Commodity prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the web interface business. This provision is not limited to the seller conclude a purchase contract under individually negotiated conditions.
[JA1] The provisions of § 1811, paragraph. 2 of the Civil Code: "It aims if negotiations between the parties to the contract and these facts are not apparent from the context, businessman communicate to the consumer in advance of the conclusion of the contract or before the consumer makes a binding offer ...
b) identification of goods or services and a description of their main features,
c) the price of goods or services, or the method of its calculation, including all taxes and fees,
d) the method of payment and delivery or performance ...
[JA2] The provisions of § 12 para. 2 Consumer Protection Act, "information about the price or the fact that information is incomplete or missing, may make it appear that: a) the price is lower than it is in reality, b) determination price depends on circumstances on which in fact dependent, c) the price includes delivery of products, performances, works or services for which it is actually paid for separately, d) price has been or will be increased, decreased or unchanged, although this is no, e) the relationship price and usefulness of the offered product or service price and usefulness of a comparable product or service is the way it really is not. "
[JA3] The provisions of § 11a of the Consumer Protection Act: "When selling goods or services by electronic means through the website, the seller is obliged to consumers in advance clear way inform whether any restrictions on supplies ..."
3.3 Web interface also contains information on the costs associated with packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the buyer fills an order form in the web interface business. Order form contains particular information about:
3.4.1. ordered goods (the ordered goods "insert" the buyer into an electronic shopping cart business web interface)
3.4.2. method of payment of the purchase price, details of the required method of delivery of goods ordered
3.4.3. Information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5 Before sending the order to the seller, the buyer is allowed to check and modify data in order to put the buyer, also with regard to the possibility of the buyer to detect and correct errors during data entry in order. The buyer sends the order by clicking on "Confirm order". The data referred to in the order are considered correct seller. Seller immediately upon receipt of an order the buyer confirms receipt by e-mail, at the e-mail address listed in the buyer's user interface or in the order (hereinafter the "electronic address of the purchaser").
6.3 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone).
3.7 The contractual relationship between seller and buyer arises delivery order acceptance (acceptance) which is sent to the buyer by e-mail, and electronic mail address of the buyer.
8.3 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those previously materially breached its obligations to the seller.
3.9 Buyer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the buyer when using means of distance communication in connection with concluding a purchase contract (cost of internet access, telephone costs) borne by the Buyer, these costs do not differ from the standard rate.
4. Price of goods and payment terms
1.4 The price of goods and any costs associated with the delivery of goods according to the contract the buyer may pay the seller the following ways:
in cash by the seller at Pod Písečnou 652/9, 182 00 Praha 8 - Troja;
Cash on delivery at the place designated by the buyer in order;
bank transfer to the account of the seller no. 670100-2200835562 / 6210, driven by the company mBank SA (hereinafter referred to as "Seller Account");
cashless payment system through Paypal;
2.4 Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes the costs associated with delivering the goods.
4.3 The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article. 4.6 commercial conditions concerning the obligation to pay the purchase price in advance.
4.4 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment of the purchase price is payable within 14 days of the purchase contract.
5.4 In the case of cashless payment, the buyer is obliged to pay the purchase price, together with the variable symbol of the payment. In the case of cashless payment by the purchaser to pay the purchase price at the time met the appropriate amount to the seller's account.
6.4 The seller is entitled, especially if the Buyer does not an additional confirmation of the Order (Art. 3.6), require payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119, paragraph. 1 of the Civil Code shall not apply.
4.7 Any discounts the price of goods supplied by the Seller can not be combined.
8.4 If it is customary in trade relations or if so stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract buyer tax document - invoice. Seller is a payer of value added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and send it electronically to the buyer's email address.
5. Withdrawal from contract
5.1 Buyer acknowledges that pursuant to § 1837 of the Civil Code, among other things, can not withdraw from the contract for the supply of goods that have been adjusted according to the wishes of the buyer or his person, from the purchase contract for the supply of goods subject to rapid deterioration, as well as goods , which was delivered after irretrievably mixed with other goods, from the purchase contract for the supply of sealed goods which the consumer unsealed hygienic reasons it is not possible to return from a purchase contract for the supply of audio or video recordings or computer program, if violated their original packing.
2.5 If that is not the case referred to in art. 5.1 and about other cases where you can not withdraw from the contract, the buyer in accordance with § 1829, paragraph. 1 of the Civil Code, the right to withdraw from the contract, within fourteen (14) days from receipt of the goods, if the purchase agreement is subject to several types of goods or supply of several parts, this period runs from the date of receipt of the final delivery. Withdrawal from the contract must be sent to the Seller within the period mentioned in the previous sentence. For withdrawal from the contract the buyer used the model form provided by the seller, annexed trading conditions. Withdrawal from the contract buyer can send inter alia, the address of the seller or the seller's e-mail address Pod Písečnou 652/9, 182 00 Praha 8 - Troja, sekytova@seznam.cz
3.5 In case of withdrawal from the contract pursuant to Art. 5.2 of the purchase contract from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal seller. If the purchaser withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even in the case where the goods can not be returned because of their nature usual postal route.
5.4 In case of withdrawal pursuant to Art. 5.2 seller returns the funds received from the buyer within fourteen (14) days from the withdrawal from the contract the buyer, in the same way that the seller is received from the buyer. The seller is also entitled to return the benefits provided to the purchaser at the time of returning the goods the buyer or otherwise, unless the buyer agrees and do not create additional costs to the buyer. If the purchaser withdraws from the contract, the seller is not obliged to return the funds received to the buyer before him purchaser returns goods or prove that the goods sent entrepreneur.
5.5 Claims for damage caused to the goods, the seller is entitled to unilaterally set off against the Buyer's claim for refund of the purchase price.
5.6 Until the receipt of the goods by the buyer, the seller may at any time withdraw from the contract. In this case, the seller returns the purchase price, without undue delay, bank transfer to an account designated by the buyer.
7.5 If granted, together with the goods to the purchaser gift is a donation agreement between the seller and the buyer signed the resolutive condition that occurs when a withdrawal from the contract buyer loses gift agreement regarding such a gift efficiency and the buyer is required with the goods seller also return provided gift.
6. Transport and delivery
6.1 In the event that the mode 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 mode of transport.
6.2 If the seller under the purchase contract is obliged to deliver goods to a place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
6.3 In the event that the reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with other delivery method.
4.6 When taking the goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects immediately notify the carrier. In the case of finding violations package indicative of intrusion into consignment buyer need not take shipment from the carrier.
6.5 Other rights and obligations of the parties in the transport of goods that can modify a specific delivery conditions of the seller, if the seller issued.
7. Rights of defective performance
7.1 The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (including the provisions of § 1914-1925, § 2099-2117 and 2161-2174 § Civil Code).
7.2 Seller is responsible that the goods on delivery has defects. In particular, the seller is liable to the purchaser at the time when the buyer took the goods:
7.2.1. He has the qualities of goods which the parties have agreed, and the absence of an arrangement with those properties which the seller or manufacturer has described or that buyers expect, given the nature of goods and based on advertising they carry,
7.2.2. the goods are fit for the purpose which the seller says its use or to which the goods of the same type are normally used
7.2.3. goods correspond to the agreed quality or design sample or template, if it was quality or performance determined in accordance with the agreed sample or model,
7.2.4. the goods in the right quantity, measure or weight and
7.2.5. the goods comply with the legal requirements.
7.3 The provisions referred to in Article. 7.2 business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated on the wear and tear caused by its common use, in used goods for defects caused by use or wear that goods had to take over the buyer, or if it appears that the nature of the goods.
4.7 When manifest defect within six months of receipt, it shall be deemed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right of defect that occurs in consumer products during the twenty four months from receipt.
7.5 Rights of defective performance purchaser exercises with the seller at his establishment Pod Písečnou 652/9, 182 00 Praha 8 - Troja, which is possible taking into account the assortment of goods sold, possibly in the seat or place of business. In a moment, a claim shall be the moment when the seller receives from the buyer claimed goods.
6.7 Other rights and obligations of the parties related to the responsibility of the seller for defects can modify the complaints procedure seller.
8. Other rights and obligations of parties
8.1 The buyer acquires ownership of the goods by paying the entire purchase price.
2.8 Seller is not in relation to the purchaser bound by codes of conduct under § 1826, paragraph. 1 point. e) of the Civil Code.
8.3 Court complaint provided by the seller through consumer electronic address sekyt@email.cz. Information about the disposition of the complaint buyer sends the seller at buyer's email address.
8.4 The seller is entitled to sell goods at a merchant. Trade inspection carried out under its authority the Trade Office. Controls over privacy exercised by the Office for Personal Data Protection. Czech Trade Inspectorate within the defined scope, inter alia supervision over compliance with Act no. 634/1992 Coll., On consumer protection, as amended.
5.8 Buyer hereby takes on himself the danger of changing circumstances within the meaning of § 1765, paragraph. 2 of the Civil Code.
9. Protection of personal data and sending commercial messages
1.9 Privacy purchaser who is a natural person, is provided by Act no. 101/2000 Coll., On Protection of Personal Data, as amended.
2.9 Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as "personal data").
3.9 Buyer agrees to the processing of personal data by the seller, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the buyer does not choose another option, consent to the processing of personal data by the seller as well as for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement.
4.9 Buyer acknowledges that it is obliged to personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the seller about the change in his personal data.
9.5 Processing of personal data Seller may appoint a third party as a processor. In addition to the persons transporting goods are not personal information without prior consent of the seller the buyer forwarded to third parties.
9.6 Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The buyer confirms that the personal information is accurate and that he was advised that it is voluntarily provide personal information.
8.9 In the event that the buyer thought the seller or processor (Art. 9.5) processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal information is incorrect considering the purpose of processing, can:
9.8.1. ask the seller or processor for explanation,
9.8.2. require the seller or processor to correct the situation.
9.9 If the buyer requests information regarding the processing of their personal data, the seller must deliver this information. Seller has the right to provide information pursuant to the preceding sentence, require reasonable compensation not exceeding the costs of providing the necessary information.
10. Get Your commercial messages and storing cookies
1.10 Buyer agrees to receive information related to goods, services or company the seller to the buyer's email address and agree to receive commercial messages seller to buyer's email address.
2.10 Buyer agrees with saving so. Cookies on his computer. In the event that a purchase on the website can be made and the commitments agreed sales contracts to fulfill, without storage so. Cookies on the computer of the buyer, the buyer may consent under the preceding sentence at any time.
11th Delivery
1.11 1.1 The buyer may be delivered to the buyer's email address.
12. Final Provisions
1.12 If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
2.12 If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision a provision whose meaning is invalid provision comes closest. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions.
3.12 The purchase contract including terms and conditions is archived by the seller in electronic form and is not accessible.
4.12 Contact details seller: postal address Pod Písečnou 652/9, Praha 8 - Troja e-mail address: sekytova@seznam.cz, phone +420 737 331 997.
Milena Sekyt