General Business Terms and Conditionsfor sales of goods via the online shop at www.dominicanproducts.eu
Karel Navrátil – CUPPRO
Na Nové 1681/23, 78901 Zábřeh, CZ
Company registration number: 115 73 465, registered at the Municipality of Zábřeh, reference number: 2011/3399/ŽÚ-MUZB
1. Introductory Provisions
1.1. These business terms and conditions (hereafter referred to as “the Business Terms and Conditions”) of the company Karel Navrátil – CUPRO, with its registered office at Na Nové 1681/23, 789 01 Zábřeh, company registration number 115 73 465, registered at the Municipality of Zábřeh, reference number 2011/3399/ŽÚ-MUZB (hereafter referred to as “the Seller”) stipulate, in accordance with the provision of Sec. 1751(1) of Act No. 89/2012 Coll. of the Civil Code (hereafter referred to as “the Civil Code”), rights and obligations of the contracting parties formed in relation with or under the sales contract (hereafter referred to as “the Sales Contract”) entered into between the Seller and a natural person (hereafter referred to as “the Buyer”) via the internet shop of the Seller. The internet shop is run by the Seller at the web site: www.dominicanproducts.eu (hereafter referred to as “the website”) via a website interface (hereafter referred to as “the shop’s web interface”).
1.2. The Business Terms and Conditions do not apply to situations when an individual intending to buy goods from the Seller is a legal entity or a person who, while ordering goods, acts within the scope of their business activities or within the scope of independent performance of their occupation.
1.3. Provisions varying from the Business Terms and Conditions may be agreed on in the Sales Contract. Varying provisions set out in the Sales Contract take priority over the provisions of the Business Terms and Conditions.
1.4. Provisions of the Business Terms and Conditions form an integral part of the Sales Contract. The Sales Contract and the Business Terms and Conditions are written in Czech or English.
1.5. The wording of the Business Terms and Conditions may be amended or supplemented by the Seller. This provision shall not affect the rights and obligations formed during the period of enforceability of the prior wording of the Business Terms and Conditions.
2. User Account
2.1. Upon the Buyer’s registration made on the Seller’s website, the Buyer can access their user interface. From their user interface the Buyer may make orders of the goods (hereinafter referred to as “the User Account”). If the shop’s web interface allows it, the Buyer may make orders of the goods directly from the shop’s web interface without registration.
2.2. When registering on a website and ordering goods, the Buyer is obliged to provide all the information correctly and truthfully. The Buyer is obliged to update the information referred to in the user account in case of any change. The information provided by the Buyer in the user account shall be deemed correct by the Seller.
2.3. Access to the User Account is secured by a user name and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his/her User Account.
2.4. The Buyer is not entitled to allow any third person to use of his/her User Account.
2.5. The Seller may cancel the User Account, especially if the Buyer is inactive for more than 1 year or if the Buyer breaches their obligations under the Sales Contract (including the Business Terms and Conditions).
2.6. The Buyer acknowledges that the User Account does not have to be available at all times, especially with respect to the necessary hardware and software equipment maintenance of the Seller, or necessary hardware and software equipment maintenance of any third person.
3. Entering into the Sales Contract
3.1. All representations of the goods found on the shop’s web interface is of an informative nature and the Seller shall not be obliged to enter into a Sales Contract regarding these goods. The provision of Sec. 1732(2) of the Civil Code shall not apply.
3.2. The shop’s web interface contains information concerning goods, including the price specification for individual goods and costs for returning goods, unless these goods by their very nature cannot be returned by the usual postal route. The specified prices for the goods shall be inclusive of value added tax and all related fees. The prices for the goods remain in force during the period in which they are displayed in the shop’s web interface. This provision shall not limit the Seller’s possibility to enter into a Sales Contract under individually agreed conditions.
3.3. The shop’s web interface also contains information regarding costs associated with packing and delivery of the goods. Information regarding costs associated with packing and delivery of the goods quoted on the shop’s web interface applies only if the goods are delivered within the EU.
3.4. To order goods, the Buyer shall fill in an order form on the shop’s web interface. The order form especially contains information on:
3.4.1. ordered goods (the Buyer “places” the goods into an electronic shopping cart on the web interface),
3.4.2. payment method of the goods’ purchase price, details regarding the required method of delivery of the ordered goods and
3.4.3. information regarding the costs associated with the delivery of the goods (hereinafter collectively referred to as “order”).
3.5. Before sending the order to the Seller, the Buyer is allowed to check and modify the details inserted into the order with respect to the Buyer’s possibility to detect and correct errors made while providing data into the order. The Buyer sends the order to the Seller by clicking on „ “. The data presented in the order are deemed to be correct by the Seller. Immediately upon receiving the order, the Seller confirms this receipt via email 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, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by phone).
3.7. The contractual relation between the Seller and the Buyer is formed upon the delivery of the order’s acceptance which is sent to the Buyer by the Seller via email to the Buyer’s Email Address.
3.8. The Buyer consents to the use of distant means of communication when entering into the Sales Contract. The costs incurred to the Buyer when using the distant means of communication associated with entering into the Sales Contract (internet access costs, phone calls costs) shall be paid by the Buyer where these costs do not differ from the basic rate.
4. Price of Goods and Payment Terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the Sales Contract may be paid by the Buyer to the Seller in the following methods:
in cash at the Seller’s premises at Na Nové 2267/10, 789 01 Zábřeh;
in cash on delivery at the place designated by the Buyer in the order;
via a non-cash transfer to the appropriate bank account of the Seller stated below, kept at ČSOB Šumperk, a.s. (hereinafter referred to as “the Seller’s account”);
account in CZK: 212883351/0300; IBAN: CZ98 0300 0000 0002 1288 3351
account in EUR: CZ04 0300 0000 0002 1288 3394; BIC: CEKOCZPP
non-cash via payment system;
non-cash via credit card.
4.2. Along with the purchase price, the Buyer is obliged to pay the Seller costs associated with packaging and delivery of the goods at the agreed rate. Unless otherwise explicitly stated, the purchase price shall include the costs associated with the delivery of the goods.
4.3. The Seller shall not ask the Buyer for a deposit or any other similar payment. Provision 4.6. of the Business Terms and Conditions regarding the obligation to pay the purchase price in advance shall not be affected by this.
4.4. In case of cash payment or cash-on-delivery payment, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is due within 10 days of the Sales Contract being entered into.
4.5. In case of non-cash payment, the Buyer is obliged to pay the purchase price along with providing the variable symbol of the payment. In case of non-cash payment, the Buyer’s obligation to pay the purchase price shall be deemed performed when the appropriate amount is credited to the Seller’s account.
4.6. Especially in the case of the Buyer’s failure to send the additional confirmation of the order (3.6), the Seller is entitled to require payment of the full purchase price before sending the goods to the Buyer. The provision of Sec. 2119 (1) of the Civil Code shall not be applied.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
4.8. If it is a matter of commercial usage or if it is stipulated by generally binding legislation, the Seller shall issue the Buyer a tax document – invoice regarding payments made under the Sales Contract. The Seller is the payer of the value added tax. The tax document – invoice shall be issued to the Buyer by the Seller upon payment of the price of the goods and shall be attached to the dispatched package, or it shall be sent electronically to the Buyer’s email address.
5. Withdrawal from the Sales Contract
5.1. The Buyer acknowledges that under the provision of Sec. 1837 of the Civil Code it is not possible, inter alia, to withdraw from a sales contract for the delivery of goods which have been adjusted to the wishes of the Buyer or for his/her entity, from a sales contract for the goods of a perishable nature as well as goods which have become irreversibly mixed with other goods after delivery, from a sales contract for the delivery of goods in sealed packaging which have been removed from the packaging and cannot be returned for hygienic reasons and from a sales contract on the delivery of an audio or video recording or computer programme if the Buyer breaches in any way the original packaging.
5.2. Subject to the case referred to in condition 5.1 of the Business Terms and Conditions or any other case when it is not possible to withdraw from the contract, the Buyer has the right, in accordance with the provision of Sec. 1829(1) of the Civil Code, to withdraw from the Sales Contract within 14 days from the receipt of the goods, while at the same time, in case that several types of goods or delivery of several parts are the subject matter of the Sales Contract, this period shall run from the date of the last receipt of the delivery. Notice of withdrawal from the Sales Contract must be sent to the Seller within the period stated in the previous clause. To withdraw from the Sales Contract, the Buyer may use the sample form provided by the Seller, which forms the appendix of the Business Terms and Conditions. The Buyer may send the withdrawal from the Contract, inter alia, to the Seller’s business premises address or to the Seller’s email address.
5.3. In case of withdrawal from the Sales Contract, in accordance with condition 5.2. of the Business Terms and Conditions, the Sales Contract is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from the withdrawal from the contract. Should the Buyer withdraw from the contract, the Buyer bears the costs associated with returning the goods to the Seller, even if the goods by their very nature cannot be returned by the usual postal route.
5.4. In case of withdrawal from the Contract, in accordance with condition 5.2. of the Business Terms and Conditions, the Seller shall return the monies accepted from the Buyer within fourteen (14) days from the withdrawal from the Sales Contract by the Buyer by the same payment method used by the Buyer. The Seller is also entitled to return the payment provided by the Buyer upon returning the goods by the Buyer or otherwise as long as the Buyer expresses their consent to it and no additional costs are incurred for the Buyer.
Should the Buyer withdraw from the Sales Contract, the Seller is not obliged to return the accepted monies before receiving the goods by the Buyer or before the Buyer proves sending the goods to the Seller.
5.5. The Seller is entitled to unilaterally set off the claim for damages in connection with damaged goods against the Buyer’s claim for a refund of a purchase price.
5.6. In cases where the Buyer’s right to withdraw from the contract is in accordance with the provision of Sec. 1829(1) of the Civil Code, the Seller is likewise entitled to withdraw from the Sales Contract at any time until the goods are received by the Buyer. In that case, the Seller shall return without unreasonable delay the purchase price to the Buyer by non-cash method to the account designated by the Buyer.
5.7. If the Buyer is provided a gift along with the goods, a contract of donation between the Seller and the Buyer is entered into with a condition subsequent that in case of the Buyer’s withdrawal from the Sales Contract, the donation contract regarding the gift becomes unenforceable and the Buyer is obliged to return the Seller the gift along with the goods.
6. Transport and delivery of the goods
6.1. In case that the mode of transport is agreed on at a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this transport mode.
6.2. If under the Sales Contract the Seller is obliged to deliver the goods to the place designated by the Buyer in the order, the Buyer is obliged to accept the goods upon delivery.
6.3. If, for the reasons of the Buyer’s need, it is necessary to deliver the goods repeatedly or in a method other than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or more precisely costs associated with another delivery method.
6.4. Upon receiving the goods from the carrier, the Buyer is obliged to inspect the integrity of the goods and, in case of any defects, to notify the carrier without undue delay. In case of finding any breach of the packaging indicating unauthorised opening of the package, the Buyer is not obliged to accept the dispatched package from the carrier.
6.5. Other rights and obligations of the parties concerning goods transport may be regulated by Special Delivery Terms, if they are issued by the Seller.
7. Rights Resulting from Defective Performance
7.1. Rights and obligations of the contracting parties regarding rights arising from defective performance are governed by applicable generally binding legislation (especially by the provisions of Sec. 1914 to Sec. 1925, Sec. 2099 to Sec. 2117 and Sec. 2161 to Sec. 2174 of the Civil Code and by Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.2. The Seller has a responsibility to the Buyer that upon delivery the goods have no defects. In particular, the Seller is responsible to the Buyer that at the time of receipt of the goods by the Buyer:
7.2.1. the goods have qualities that the parties have agreed on, and if no such agreement exists, the goods have those qualities that the Seller or the manufacturer have described or that the Buyer expected with respect to the goods’ nature and on the basis of advertising the goods by the Seller or the manufacturer;
7.2.2. the goods are suitable for the purpose that is presented for their use by the Seller or for which the goods of this kind are usually used;
7.2.3. the quality or design of the goods correspond to the agreed sample or model, if the quality or design of the goods have been determined according to an agreed sample or model;
7.2.4. the goods are delivered in the appropriate quantity, measurement and weight;
7.2.5. the goods fulfil the legislation requirements.
7.3. Provisions stated in condition 7.2. of the Business Terms and Conditions shall not apply to goods sold at a reduced price due to a defect for which the reduced price was negotiated, to wear and tear of the goods caused by their common use, to used goods with a defect that the goods had at the moment of the receipt by the Buyer and that corresponds to the extent of use and wear and tear, or if the defect results from the nature of the goods.
7.4. Should the defect occur within six months from the date of receipt, the goods shall be deemed as defective upon the receipt. The Buyer is entitled to make a claim arising from the defect that appears in consumer goods within twenty-four months from the receipt of the goods.
7.5. The Buyer shall make claims arising from defective performance by the Seller at the Seller’s premises, where the receipt of the claim is possible with regard to the range of goods sold or even at the registered office or place of business.
7.6. Other rights and obligations regarding the Seller’s liability for defects may be modified by the Seller’s Guarantee Guidelines.
8. Other Rights and Obligations of the Contracting Parties
8.1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price.
8.2. The Seller is not bound to the Buyer by any Codes of Conduct within the meaning of the provision of Sec. 1826 (1) (e) of the Civil Code.
8.3. The Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Praha 2, Identification Number: 000 20 869, internet address: http://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the Sales Contract.
8.4. The Seller is authorised to sell goods on the basis of a trade licence. An appropriate local trade office performs trade inspection within the scope of its competence. Scrutiny over the field of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection performs, inter alia, to a defined extent, close inspection over compliance with Act No. 634/1992 (Coll.) on Consumer Protection, as amended.
8.5. The Buyer shall hereby assume the risk of change in circumstances within the meaning of the provision of Sec. 1765 (2) of the Civil Code.
9. Personal Data Protection
9.1. Personal data protection of the Buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on personal Data Protection, as amended.
9.2. The Buyer agrees with processing of their personal data: first name and surname, address, identification number, tax identification number, email address, phone number, etc. (hereinafter referred to as “personal data”).
9.3. The Buyer agrees with processing his/her personal data by the Seller for the purpose of performance of rights and obligations under the Sales Contract and for the purpose of keeping the user account. Unless any other possibility is chosen by the Buyer, the Buyer agrees with processing of the personal data by the Seller also for the purpose of sending information and commercial messages to the Buyer. Consent to the processing of the personal data in its entirety under this condition is not a condition that would, in itself, make it impossible to conclude the Sales Contract.
9.4. The Buyer acknowledges that they are obliged to provide their personal data (upon registration, in the user account, upon an order made from the web interface) correctly and truthfully and that they are obliged to inform the Seller on any changes in the personal data without any unreasonable delay.
9.5. The Seller may appoint a third person, as a processor, to process the Buyer’s personal data. Except for persons transporting goods, the personal data shall not be passed on by the Seller to any third person without the Buyer’s prior consent.
9.6. Personal data shall be processed for an indefinite period. The personal data shall be processed electronically in an automatic manner or in a printed form in a non-automatic manner.
9.7. The Buyer confirms that the provided details are accurate and that he has been informed that providing personal data is voluntary.
9.8. In case the Buyer believes that the Seller or the processor (condition 9.5) process their personal data so that it is incompatible with the protection to the Buyer’s private and personal life or is in breach of the law, especially if the personal data are inaccurate with respect to the purpose of their procession, the Buyer may:
9.8.1. ask the Seller for explanation,
9.8.2. ask the Seller or the processor to remedy this situation.
9.9. Should the Buyer ask for information concerning their personal data processing, the Seller is obliged to pass on this information to them. For providing the information according to the previous sentence, the Seller has the right to claim reasonable reimbursement not exceeding the costs necessary to provide the information.
10. Sending Commercial Information and Storage of Cookies
10.1. The Buyer agrees to receive information related to goods, services or the Seller’s business to the Buyer’s email address and further consents to receiving commercial information by the Seller to the Buyer’s email address.
10.2. The Buyer provides his/her consent to saving cookies on their computer. If the purchase on the website can be made without the storage of cookies on the Buyer’s computer, the Buyer may withdraw his consent according to the preceding sentence.
11. Delivery terms
11.1. It may be delivered to the Buyer’s email address.
12. Final provisions
12.1. If the relation formed by the Sales Contract contains an international (foreign) element, the parties shall agree that the relation is governed by Czech Law. The rights of the consumer arising out of the statutory instruments shall not be affected by this.
12.2. If any of the provisions of the Business Terms and Conditions is or becomes invalid or unenforceable, another provision the meaning of which is the closest to the invalid provision, shall apply instead of the invalid provision. The invalidity or unenforceability of a provision shall not affect the validity of the remaining provisions.
12.3. The Sales Contract including the Business Terms and Conditions is archived in electronic form by the Seller and is not accessible.
12.4. The sample form of withdrawal from the Sales Contract forms the appendix of the Business Terms and Conditions.
12.5. The Seller´s contact information: postal address Na Nové 1681/23, 789 01 Zábřeh, email address firstname.lastname@example.org, phone number +420 602 766 292.
Zábřeh, 18th August 2017