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Business conditions

 

For company ARTURE Art & Nature s.r.o.

with place of business in U Piskovny 376, 344 01 Domazlice, Czech Republic

ID number 26366282

registered in Business Register at KS Plzen section C, insert 15616

for the sale of goods via on-line shop on the website

www.a-n.cz

 

 

  1. Introductory provision

 

    1. These business conditions (hereinafter referred to as “business conditions”) for company ARTURE Art & Nature s.r.o. with place of business in U Piskovny 376, 34401 Domazlice, ID number 26366282, registered in Business Register at KS Plzen, section C, insert 15616 (hereinafter referred to as “seller”) adjust in accordance with the regulation of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as “the Civil Code”) mutual rights and obligations of the parties in connection with or arising under a purchase contract (hereinafter referred to as “purchase contract”) concluded between a seller and another natural person (hereinafter referred to as “buyer”) through the online store of the seller. Online Store is operated by the seller on the website at the internet address www.a-n.cz (hereinafter referred to as the "Website"), and via the interface website (hereinafter referred to as the "Business web interface").

 

    1. Terms and conditions do not apply to cases where a person who intends to buy goods from the seller is the legal person or a person who is ordering goods in the course of their business or in their occupation.

       

    1. Provisions divergent from the business conditions can be agreed upon in the purchase contract. Different arrangements in the purchase contract shall prevail over the terms of trade.

       

    1. Provisions of business conditions are inseparable part of the purchase contract.

 

    1. The seller may modify or extend the business conditions. This provision shall not prejudice the rights and obligations arising after the effective period of the previous version of business conditions.

       

 

2. User account

 

    1. On the basis of registration of the buyer on the website, buyers can access his user interface. From the user interface buyer can order goods (hereinafter referred to as "user account"). In the case that the web interface allows it, buyer can also order goods without registration directly from the web interface.

       

    1. The buyer is obliged to provide correct and true information when he registers on the website and orders goods. The buyer is required to update any change of the data presented in the user account. The data stated in the buyer's user account and when ordering goods are considered as correct.

       

    1. Access to the user account is secured by username and password. The buyer is obligated to maintain the confidentiality of the information necessary to access the user account.

       

    1. The Buyer is not entitled to allow the use of a user account to the third parties.

       

    1. Seller may cancel a user account, especially when the buyer your user account does not use for longer than, or if the buyer breaches its obligations under the purchase contract (including terms and conditions).

    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 of the seller or necessary maintenance of hardware and software of the third parties.

       

 

3. Purchase contract formation

 

    1. All product presentation in the web interface of trade is informative and the seller is not obliged to make a purchase contract regarding this product. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.

       

    1. The web interface provides information about the goods, including the prices of individual goods. Product prices are inclusive of VAT and all related charges. Prices of goods remain in force as long as they are displayed in the business web interface. The possibility of the purchase contract formation for individually negotiated terms by the seller is not limited by this provision.

       

    1. The business web interface also includes information about the costs of packaging and delivery. Information about the costs associated with packaging and delivery of the goods listed in the business web interface applies only in cases where the goods are delivered within the territory of the Czech Republic.

       

    1. To order goods, the buyer fills the order form in the business web interface. The order form shall include information about:

       

      1. ordered goods (the buyer “inserts” ordered goods into an electronic shopping cart of the business web interface),

         

      1. the method of payment of the purchase price, details about the desired method of delivery of the ordered goods and

         

      1. information about the costs associated with the delivery of goods (hereinafter referred to as “order”).

         

    1. Before sending the order to the buyer, the seller is allowed to check and modify the data inserted in the order by the buyer, also with regard for a buyer to detect and correct errors during data entry to order. The buyer sends the order to the seller by clicking on the “Checkout”. The data presented in the order are considered by the seller as correct. Seller immediately after receiving the order confirms the order to the buyer via e-mail referred in the user interface or in the order (hereinafter referred to as "e-mail address of the purchaser").

       

    1. Seller is always entitled to, depending on the nature of the order (quantity of goods, the purchase price, estimated shipping costs) ask the buyer for additional confirmation (such as writing or by telephone).

       

    1. The contractual relationship between the seller and the buyer arises by the order acceptance, which is sent to the buyer by e-mail to e-mail address of the purchaser.

       

    1. Buyer agrees to use of means of distance communication in the conclusion of the purchase contract. Costs incurred to the buyer when using means of distance communication in connection with the closing of the purchase agreement (the costs of internet access, telephone costs) are paid by the buyer himself, these costs do not differ from the standard rate.

       

 

4. The price of goods and payment terms

 

    1. The buyer can pay the price of the goods and any costs associated with the delivery of goods under the purchase contract the following ways:

 

In cash in the seller place of business in U Piskovny 376, 34401 Domazlice, Czech Republic,

by bank transfer to the account of the seller mentioned on advance invoice, Raiffeisenbank, as (hereinafter referred to as "Seller´s Account")

 

    1. The buyer is also obliged to pay together with the purchase price the costs associated with packaging and delivery at an agreed rate. Unless stated otherwise, the purchase price is understood inclusive of the costs associated with the delivery of the goods.

       

    1. Seller does not require a deposit or other similar payments from the buyer. This is without influencing of the provisions of article 4.6 of commercial conditions concerning the obligation to pay the purchase price of the goods in advance.

       

    1. In case of payment in cash or in case of payment on delivery, the purchase price is due upon receipt of goods. In case of cashless payment is the purchase price due within 14 days after the conclusion of the purchase contract.

       

    1. In case of cashless payment, the buyer is obliged to reimburse the purchase price of the goods with the variable symbol of payments. In case of cashless payment is the obligation to pay the purchase price by the payer met at the time of adding the correct amount to the account of the seller.

       

    1. Seller is entitled, especially in case that the buyer does not provide an additional confirmation of the order (Article 3.6), to 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.

       

    2. Any discounts on the price of goods by the seller to the buyer can not be combined.

       

    1. If it is usual in business relations or if it is determined by the generally binding legal regulations, the seller issues the tax document – invoice. The seller is the value added tax payer. The tax document – invoice is issued by the seller for the buyer after the payment in full and sent to the buyer.

       

 

 

5. Withdraw from the purchase contract

 

    1. Buyer acknowledges that under § 1837 of the Civil Code, among other things, he can not withdraw from the contract for the supply of goods which have been adapted to the wishes of the buyer or his person, the purchase agreement for the supply of goods which are subject to rapid deterioration, as well as goods that was after delivery irreversibly mixed with other goods, the purchase agreement for the supply of sealed goods that the consumer unsealed and it is not possible to return for hygienic reasons, the purchase contract for the supply of audio or video recordings or computer program, if their original packaging is damaged.

       

    1. If this is not the case referred to in Article 5.1 or the other if it is not possible to withdraw from the contract, the buyer has in accordance with the provisions of § 1829, paragraph 1 of the Civil Code, the right to withdraw from the contract within fourteen (14) days from receipt of the goods. In case the object of the contract are several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of the goods. Withdrawal from the contract has to be sent by the seller within the period specified in the preceding sentence. Withdrawal from the contract may be sent by the buyer to the address of the seller or the seller's e-mail address arture@a-n.cz.

       

    1. In case of withdrawal from the contract under Article 5.2 of the business conditions is the purchase contract canceled from the beginning. The goods must be returned to the Seller within fourteen (14) days since withdrawal from the contract by the buyer in the same way as the seller received them from the buyer. If the buyer 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 to their character usual postal route.

       

    1. Claim for damage caused to the goods is the seller entitled to unilaterally set against the buyer's claim for refund of the purchase price.

       

    1. Till the receipt of the goods by the buyer, the seller is entitled to withdraw from the contract at any time. In this case the seller will return the purchase price to the buyer without any delay bank transfer to an account determined by the purchaser.

       

    1. In cases where a buyer in accordance with § 1829 paragraph. 1 of the Civil Code has the right to withdraw from the contract, the seller is also entitled at any time withdraw from the contract until receipt of the goods by the buyer. In this case, the seller returns the purchase price without undue delay by a bank transfer to an account designated by the buyer.

    2. If the gift is provided with the goods the agreement between the seller and the buyer is closed with a terminated condition that if the buyer withdraws from the contract, the donation agreement loses the effectiveness regarding such a gift and the buyer is obliged to return a provided gift together with the goods to the seller.

       

 

6. Transport and goods delivery

 

    1. In case the way of transport is arranged on the basis of special request of the buyer, the buyer bears the risk and additional costs associated with this type of transport.

       

    1. If the seller is according to the purchase contract obliged to deliver the goods to the place determined by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.

       

    1. In case that the goods needs to be delivered repeatedly or some other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, resp. costs associated with other delivery method.

       

    1. When taking the goods from the carrier, the buyer is obliged to check the package and in case of any defects to notify immediately the carrier. In case of breach of the package indicative of intrusion into the consignment the buyer need not take shipment from the carrier.

       

    1. Other rights and obligations of the parties in the transport of goods can be adjusted by special delivery conditions of the seller, if issued by the seller.

 

 

7. The rights of defective performance

 

    1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular § 1914-1925, § 2099-2117 and § 2161 to 2174 of the Civil Code and Act no. 634/1992 Coll., on consumer protection, as amended).

       

    1. The seller is liable to the buyer that the goods on delivery does not have defects. In particular, the seller is liable to the buyer that at the time of the receipt of the goods:

       

      1. the goods has a characteristic, which the parties have agreed and if there is no such agreement, the characteristic of the goods is how described by the seller or the manufacturer or what the buyer expected with respect to the nature of the goods and on the basis of the advertising of the goods,

         

      1. the goods fits for the purpose that the seller lists or to which the goods is normally used

         

      1. the goods corresponds with the quality or performing to agreed sample or model, if the quality or performance were determined according to the agreed sample or model,

         

      1. the goods is in requested quantity, measure or weight and

         

      1. the goods complies with the legal requirements.

         

    1. The provisions stated in the Article 7.2 of the business conditions do not apply to goods sold at a lower price due to a defect for which the lower price was agreed, to worn out goods caused by the normal use, for used goods for defects caused by use or wear that had at the receipt of the goods by the buyer, or if it arises from the nature of the goods.

       

    1. When any defect will show within six months after the takeover, it is assumed that the goods were defective at the time of takeover. The buyer is entitled to exercise the right of the defect, which occurs in consumer products during the twenty four months from the receipt.

    2. The rights of defective performance are claimed by the buyer at the seller´s address of workshop or at his place of business. For a moment of a claim is considered to be the moment when the seller receives the claimed goods from the buyer.

    3. Other rights and obligations of the parties relating to the liability of the seller for defects can be modified by the Complaints Code of the seller.

 

8. Other rights and obligations of the parties

 

    1. The buyer come into possession of the goods by paying the entire purchase price.

       

    1. The seller is not connected to the buyer by any codes of conduct within the meaning of § 1826, paragraph 1, point. e) of the Civil Code.

       

    1. Out of court settlement of complaints of consumers provides the seller through an e-mail address arture@a-n.cz, order@a-n.cz, info@a-n.cz. The seller sends the information about the disposition of the complaint to the buyer´s e-mail address.

       

    1. The seller is entitled to sell the goods on the basis of the trade certification. Trade inspection is carried out by the Trade Office. Supervision of privacy is carried out by the Office for Personal Data Protection. Czech Trade Inspectorate carries out, inter alia, the supervision of observance of the Act No. 634/1992 Coll., Consumer Protection, as amended.

       

    1. The Buyer takes the risk of a change on himself in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

       

 

9. Personal data protection

 

    1. Personal data protection of the buyer who is a natural person, is provided by Act No. 101/2000 Coll., about the Protection of Personal Data, as amended.

       

    1. The buyer agrees with the processing of their personal data: name, address, identification number, VAT number, electronic mail address and telephone number (hereinafter referred to as "personal information").

       

    1. The buyer agrees with the processing of personal data by the seller, for the purpose of realization of the rights and obligations of the purchase contract and for the purposes of maintaining a user account. If buyers do not choose another option, he agrees with the processing of personal data by the seller also for the purpose of sending commercial messages and information to the buyer. Consent to the processing of personal data in their entirety according to this article is not a condition that alone would make it impossible to conclude the purchase contract.

       

    1. Buyer acknowledges that he is obligated to state his personal data (at registration, in his user account, with ordering from the web business interface) correctly and truthfully and without undue delay inform the seller about change in their personal data.

       

    1. The seller may authorize the third party as a processor to process the buyer´s personal data. The buyer´s personal data will not be hand over to the third parties without the prior consent of the buyer, except to the people transporting the goods.

       

    1. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in a printed form non-automated way.

       

    1. The buyer confirms that the provided information is accurate and that he was instructed that it is voluntarily provided personal data.

       

    1. In case that the buyer thought the seller or the processor (Article 9.5) performs the processing of personal data that is inconsistent with the protection of private and personal life of the buyer or in conflict with the law, especially if personal data is inaccurate with regard of the purpose of their processing, he may:

       

      1. ask the seller or the processor about the explanation

         

      1. require the seller or the processor to correct the condition.

         

    1. If the buyer asks for information about the processing of his personal data, the seller must hand over this information to him. Seller has the right to require according to the previous sentence a reasonable compensation not exceeding the costs of providing the necessary information.

       

 

10. Sending commercial messages and storing cookies

 

    1. The buyer agrees to receive information related to goods, services or company of the seller to the buyer's e-mail address and agrees to receive commercial information from the seller to the buyer's e-mail address.

       

    1. The buyer agrees with the storing of cookies on his computer. In case the purchase on the website can be made and perform the obligations of the seller under the purchase agreement without storing of cookies on the buyer´s computer, the buyer may remove the consent according to the previous sentence at any time.

       

11. Delivering

 

    1. The information may be delivered to the buyer to his e-mail address specified in his user account or specified in the order.

       

 

12. Final provision

 

    1. 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 the generally binding legal regulations.

       

    1. If some provision of Business Conditions is invalid or ineffective or if it becomes like that, the new provision commences instead. The one, whose meaning is the most similar to the invalid one. The invalidity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments and supplements of the purchase contract or business conditions require written form.

       

    1. The purchase contract including business conditions is archived in electronic form by the seller and is not accessible.

       

    1. Contact information of the seller:

      address for delivering: U Piskovny 376, 34401 Domazlice, Czech Republic

      e-mail address: arture@a-n.cz, order@a-n.cz, info@a-n.cz

      telephone 00420 379794621.

 

In Domazlice on 15. 8. 2016