1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as “business conditions”) of the operator of Dušan Mandát e-shop, with registered office: Prague 10, Company Identification No.: 65742061 (hereinafter referred to as the “seller”), regulate in compliance with the provision of § 1751, section 1, Act no. 89/2012, Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and duties of the contracting parties, established in connection or based on a purchase agreement (hereinafter referred to as the “purchase agreement”) concluded between the seller and another natural person (hereinafter referred to as the “buyer”) via the seller´s e-shop. The e-shop is operated by the operator on the website located at the web address www.halfhit.com (hereinafter referred to as the “website”) via the website interface (hereinafter referred to as the “web interface”).
1.2. Business conditions are not applied to cases when a person, who intends to buy some goods from the seller, is a legal person or a person who acts in terms of his/her business activity or in terms of his/her individual job performance when ordering goods.
1.3. It is possible to agree upon provisions different from business conditions in a purchase agreement. Different provisions in a purchase agreement have a priority over provisions of business conditions.
1.4. Provisions of business conditions are an integral part of a purchase agreement. The purchase agreement and business conditions are executed in the Czech language. It is possible to conclude a purchase agreement in the Czech language.
1.5. The seller can change or amend the wording of business conditions. This provision does not affect rights and duties established during the operation of the previous wording of business conditions.
2. USER ACCOUNT
2.1. Based on the buyer´s registration made on the website, the buyer can access its user interface. The buyer can order goods from its user interface (hereinafter referred to as the “user account”). In case that the e-shop web interface enables it the buyer can order goods also without any registration directly from the e-shop web interface.
2.2. When registering on the website and ordering goods the buyer is obliged to mention all data accurately and correctly. The buyer is obliged to update the data mentioned in the user account in case of any change. The data mentioned by the buyer in the user account and when ordering goods is considered by the seller as correct.
2.3. The access to the user account is secured with a user name and password. The buyer is obliged to keep confidentiality about the information necessary for the access to its user account.
2.4. The buyer is not entitled to enable the third party to use the user account.
2.5. The seller can cancel the user account, mainly in case when the user has not used its user account for more than 5 years or in case when the buyer infringes its obligations arising from a purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account does not have to be available continuously, mainly with regards to the necessary maintenance of the seller´s hardware and software equipment or to the necessary maintenance of the hardware and software equipment of the third party.
3. CONCLUSION OF A PURCHASE AGREEMENT
3.1. All presentations of goods located in the e-shop web interface has an informative nature and the seller is not obliged to conclude a purchase agreement on these goods. The provision of § 1732, section 2, Civil Code, will not be applied.
3.2. The e-shop web interface contains information about goods including their prices. Prices of goods are mentioned without VAT and any related fees. Prices of goods remain valid for the period when they are displayed in the web interface. This provision does not limit the seller´s possibility to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface contains also information about costs related to packaging and delivery of goods.
3.4. The buyer shall fill in an order form in the web interface. The order form contains mainly the information about:
3.4.1. ordered goods (the buyer shall “insert” the ordered goods into an electronic basket of the web interface),
3.4.2. way of payment of the goods´ purchase price,
3.4.3. information about costs related to delivery of goods (hereinafter referred to as the “order”).
3.5. Before sending an order to the seller the buyer is enabled to check and change data entered in the order also with regards to the buyer´s possibility to find out and correct mistakes incurred when entering the data into the order. The buyer shall send the seller an order by pressing a button “Send order”. The data mentioned in the order is considered by the seller as correct. The seller shall confirm the buyer the acceptance of an order immediately after receiving it, via electronic mail to the buyer´s electronic address mentioned in the user interface or in an order (hereinafter referred to as the “buyer´s electronic address).
3.6. The seller is always entitled to ask the buyer for an additional confirmation of an order (e.g. in writing or via phone) depending on the nature of an order (quantity of goods, amount of purchase price, assumed transport costs).
3.7. The contractual relation between the seller and the buyer is established when the acceptance of an order is delivered (accepted) and sent by the seller to the buyer via electronic mail to the buyer´s electronic address.
3.8. The buyer agrees with the usage of remote communication means when entering into a purchase agreement. Costs incurred to the buyer when using remote communication means in connection with entering into a purchase agreement (costs for internet connection, costs for phone calls) are paid by the buyer whereas these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer can pay the price of goods and possible costs related to delivery of goods according to a purchase agreement in the following ways:
Cash on delivery in the place defined by the buyer in an order;
Via a credit transfer to the seller´s bank account no. 2658578/5500, kept by Raiffeisen Bank (hereinafter referred to as the “seller´s bank account”),
Via a credit transfer including payment cards, via a payment system called GoPay or PayPal
4.2. The buyer is also obliged to pay the seller costs related to packaging and delivery of goods in the agreed amount. If not mentioned expressly otherwise, the purchase price is further understood also as costs related to delivery of goods.
4.3. The seller does not require any advance payment or another similar payment from the buyer. This fact does not affect the provision of article 4.6, business conditions, concerning the obligation to pay the purchase price in advance.
4.4. In case of any cash payment or in case of cash on delivery the purchase price is due when taking the goods over. In case of a credit transfer the purchase price is due within 14 days after entering into a purchase agreement.
4.5. In case of a credit transfer the buyer is obliged to pay the purchase price and mention a payment variable symbol. In case of a credit transfer the buyer´s obligation to pay the purchase price is met when the seller´s bank account is credited with the appropriate amount.
4.6. The seller is entitled to ask for payment of the entire purchase price before sending the goods to the buyer, mainly in case that the buyer does not confirm the order additionally (article 3.6). The provision of § 2119, section 1, Civil Code, will not be applied.
4.7. Possible discounts from the price of goods, provided by the seller to the buyer, cannot be combined mutually.
4.8. If it is common in business contacts or if the applicable legislation stipulates it, the seller shall issue a tax document for the buyer concerning payments made based on a purchase agreement – invoice. The seller is not a VAT payer. The seller shall issue a tax document – invoice – for the buyer after paying the price of goods and the buyer shall have the possibility to download the tax document as a PDF file after logging into its user account on the seller´s websites.
5. WITHDRAWAL FROM THE AGREEMENT
5.1. The buyer acknowledges that it is not possible to withdraw from a purchase agreement on delivery of goods, which was adjusted according to requirements of the buyer; from a purchase agreement on delivery of perishable goods as well as goods which was irretrievably mixed with other goods after its delivery; from a purchase agreement on delivery of goods in a closed packaging, which was taken out from the packaging by the consumer and it is not possible to return it by hygienic reasons; and from a purchase agreement on delivery of an audio or visual record or computer program if the original packaging was disrupted, according to the provision of § 1837, Civil Code.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. In case that the way of transport is agreed based on a special requirement of the buyer, the buyer bears a risk and possible additional costs related to this kind of transport.
6.2. If the seller is obliged to deliver goods to a place specified by the buyer in an order, the buyer is obliged to take the goods over at the moment of delivery.
6.3. In case that it is necessary to deliver the goods repeatedly or in another way than stipulated in an order, by reasons on the buyer´s side, the buyer is obliged to pay costs related to repeated delivery of goods or to another way of delivery.
6.4. When the goods are taken over from a forwarder, the buyer is obliged to check the integrity of packaging and in case of any defects to announce it to the forwarder. In case that the disruption of packaging is considered as an unauthorized intrusion into a consignment, the buyer does not have to take the consignment over from the forwarder.
6.5. Special delivery conditions of the seller can adjust other rights and duties of the contracting parties during the transport of goods if such conditions are issued by the seller.
7. RIGHTS ARISING FROM FAULTY PERFORMANCE
7.1. Rights and duties of the contracting parties concerning rights from faulty performance are regulated by the appropriate legislation (mainly by provisions of § 1914 up to 1925, § 2099 up to 2117 and § 2161 up to 2174, Civil Code).
7.2. The seller is responsible to the buyer for the fact that goods do not have any defects when taken over. The seller is responsible mainly for the fact that at the moment when the buyer takes the goods over:
7.2.1. goods have properties which were agreed by the contracting parties and if any arrangement is missing, the goods have properties which the seller or the producer described or the buyer expected with regards to the nature of goods and based on advertisement,
7.2.2. goods are suitable for purpose which the seller mentions or for which similar goods are usually used,
7.2.3. goods´ quality or design corresponds to the agreed sample or model if the quality or design was defined according to the agreed sample or model,
7.2.4. goods are in a corresponding quantity, at a corresponding level and of corresponding weight and
7.2.5. goods meet requirements of legal regulations.
7.3. Provisions mentioned in article 7.2., business conditions, shall not be applied to goods sold for a lower price which was agreed due to a defect, to wear and tear of goods caused by its usual usage, to a defect of used goods corresponding to the level of usage or wear and tear which the goods had when being taken over by the buyer or if it results from the nature of goods.
7.4. If any defect incurs within six months after the takeover, it is considered that the goods were defective already when being taken over.
7.5. The buyer shall enforce rights arising from faulty performance at the address of seller´s business premises where it is possible to accept claims with regards to the assortment of sold goods, eventually also in the registered office or place of enterprise. The moment when the seller received the claimed goods from the buyer is considered as a moment of claim lodging.
7.6. Other rights and duties of the contracting parties, related to the seller´s responsibility for defects, can be regulated by the seller´s claims code.
8. OTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES
8.1. The buyer acquires the ownership of goods by paying the entire purchase price of goods.
8.2. As regards the relation with the buyer, the seller is not bound by any rules of conduct in terms of the provision § 1826, section 1e), Civil Code.
8.3. Extrajudicial settlement of consumers´ complaints is ensured by the seller via the electronic address firstname.lastname@example.org. The seller shall send the information about the buyer´s complaint to the buyer´s electronic address.
8.4. The seller is entitled to sell goods based on a trade licence. The appropriate Trades Licensing Office checks the trade licence in terms of its competences. The Office for Personal Data Protection supervises the field of personal data protection. The Czech Trade Inspection Authority supervises also observation of the Act no. 634/1992 Coll., on Consumer Protection, subsequently amended, within a limited scope.
8.5. Herewith the buyer takes over the risk of a change of circumstances in terms of § 1765, section 2, Civil Code.
9. PERSONAL DATA PROTECTION
9.1. The personal data protection of the buyer who is a natural person is provided by the Act no. 101/2000 Coll., on Personal Data Protection, subsequently amended.
9.2. The buyer agrees with processing of the following personal data: name and surname, address, Company Identification No., Tax Identification No., electronic address, phone number (hereinafter referred to as “personal data”).
9.3. The buyer agrees with processing of personal data by the seller for purpose of the realization of rights and duties under a purchase agreement and for purpose of a user account. If the buyer does not take another option, the buyer agrees with processing of personal data by the seller also for purpose of sending information and business messages to the buyer. A consent with processing of personal data in its entirety is according to this article not any condition which would disable entering into a purchase agreement.
9.4. The buyer acknowledges that it is obliged to provide true and accurate personal data (when registering, in its user account, when ordering from the e-shop web interface) and to inform the seller immediately about any change of personal data.
9.5. The seller can entrust the third party as well as any processer with processing of the buyer´s personal data. The personal data shall not be provided by the seller to the third party without the buyer´s prior consent, except for persons delivering goods.
9.6. Personal data will be processed for an indefinite period. Personal data will be processed in an electronic form and automated way or in a printed form and unautomated way.
9.7. The buyer confirms that the provided personal data is accurate and that it was instructed that it is optional providing of personal data.
9.8. If the buyer assumes that the seller or the processer (article 9.5) processes the personal data in conflict with the protection of the buyer´s private and personal life or in conflict with the law, mainly if the personal data is inaccurate with regards to the purpose of its processing, the buyer can:
9.8.1. ask the seller or the processer for an explanation,
9.8.2. ask the seller or the processer to remove such a situation.
9.9. If the buyer asks for information about processing of its personal data, the seller is obliged to provide the buyer with such information. The seller has a right to ask for an adequate compensation non-exceeding the costs necessary for providing of information, according to the previous sentence.
10. SENDING OF BUSINESS MESSAGES AND SAVING OF COOKIES
10.1. The buyer agrees with sending of information related to the seller´s goods, services or company to the buyer´s electronic address and also with sending of business messages by the seller to the buyer´s electronic address.
10.2. The buyer agrees with saving of so-called cookies into its computer. In case it is possible to purchase goods on the website and meet the seller´s obligations under a purchase agreement without saving of so-called cookies into the buyer´s computer, the buyer can anytime cancel the consent according to the previous sentence.
11.1. It can be delivered to the buyer´s electronic address mentioned in its user account or in an order.
12. FINAL PROVISIONS
12.1. If the relation established by a purchase agreement contains an international (foreign) element, the contracting parties agree that the relation is regulated by the Czech law. This fact does not affect rights of the consumer, arising from the applicable legislation.
12.2. If any provision of business conditions is or becomes invalid or ineffective, it will be replaced by a provision which meaning corresponds most to the invalid meaning. The invalidity or ineffectiveness of one provision does not affect the validity of other provisions. Changes or amendments of a purchase agreement or business conditions require a written form.
12.3. Any purchase agreement including business conditions is archived by the seller in an electronic form and is not accessible.
12.4. Contact data of the seller: delivery address: HALF HIT, Dušan Mandát, Lublaňská 19/1731, 120 00 Prague 2 - Nové Město, electronic address: email@example.com, phone number: +420 224 26 28 26.
In Prague, on 1st June 2015
Wholesale is ensured by:
POČÍTAČOVÁ POHOTOVOST s.r.o.
120 00 Prague 2 - Nové Město
Company Identification No.: 64942490
Tax Identification No.: CZ64942490
Retail electronic sale is ensured by:
102 00 Prague 10
Company Identification No: 65742061