(further only as „CT“)
of the trading company: JACKODESIGN a.s.
Business ID: 27838901
with registered office: Mikulandská 122/4, Nové Město, 110 00 Praha 1
the company is registered in the commercial register kept at the Municipal Court in Prague – B 25720, issued in accordance with §1751 sect.1 of the Act n. 89/2012 Coll., Civil Code, as amended (further only as „the Civil Code“).
1/1 These CTs of the company JACKODESIGN a.s. (further only as „the seller“) govern the mutual rights and obligations of the contracting parties, arising in connection with or on the basis of a purchase agreement ( further only as „the Purchase Agreement“), concluded between the seller and another physical or legal entity (further only as „the buyer“), through the seller´s online store. The online store is operated by the seller at the internet address www.jackodesign.cz, through the website interface ( further only as „E-SHOP“).
1/2 The buyer can be a consumer or an entrepreneur:
1/3 Provisions deviating from the CTs can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the CTs.
1/4 The CTs are an integral part of the purchase contract. The purchase contract and the CTs are drawn up in the Czech language.
1/5 The wording of the CTs can be unilaterally changed by the seller at any time. This provision does not affect the rights and obligations arising during the effective period of the previous version of the CTs. By sending the order, the buyer confirms that he has familiarized with these CTs before concluding the purchase contract, an integral part of which is also the notification before concluding the purchase contract and that he expressly agrees with them, in the wording valid and effective at the time the order is sent.
2/1 The seller declares that:
3/1 The buyer agrees to use remote means of communication when concluding the purchase contract. To order the goods, the buyer fills in the order form within the E-SHOP. The order form mainly contains information about:
(further together only as „the order“)
3/2 Before sending the order to the seller, the buyer is allowed to check and change the data he entered in the order. The buyer sends the order to the seller by clicking the „Confirm Order“ button. Immediately after receiving the order, the seller will confirm this fact to the buyer with a notification sent to the buyer´s email address specified in the order. (further only as „the buyer´s email address“).
3/3 The buyer is responsible for the correctness of the data given in the order and while communicating with the seller. The data provided by the buyer in the order are considered by the seller to be true and correct.
3/4 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs, etc.) to ask the buyer for additional confirmation of the order (for example, in writing or by phone).
3/5 The contractual relationship between the seller and the buyer is established by delivery of the seller´s confirmation of receipt of the buyer´s order (acceptance), which is sent by the seller to the buyer, to the buyer´s email address. The current wording of the CTs is also attached to this announcement.
3/6 The buyer acknowledges that the seller is not obliged to enter into a purchase contract, especially with persons who have previously materially breached their obligations towards the seller.
4/1 The price of goods and any costs associated with delivery of the goods according to the purchase contract can be paid by the buyer to the seller in the following ways:
4/2 Along with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with packaging and delivery of the goods. The provisions of the section 2119, paragraph 1 of the Civil Code shall not apply.
4/3 In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In case of non-cash payment, the purchase price is payable no later than five (5) working days from the date of conclusion of the purchase contract.
4/4 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol. In the case of non-cash payment, the buyer´s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller´s account.
4/5 The seller is entitled, especially in the event when the buyer does not provide additional confirmation of the order (Article 3.4 CT), to demand payment of the entire purchase price before sending the goods to the buyer.
4/6 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4/7 If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document – an invoice to the buyer, regarding payments made on the basis of the purchase contract. The seller is/is not a Value Added Tax payer. Tax document – the seller issues the invoice to the buyer following the payment of the price of the goods and sends it in electronic form to the buyer´s email address.
5/1 The seller is obliged to deliver the ordered goods to the buyer at the agreed price and the buyer is obliged to take over the goods and at the same time pay the seller the purchase price, including all costs of its delivery. The seller reserves the right of ownership to the goods sold, meaning the buyer becomes the owner of the goods only after full payment of the purchase price, but the risk of damage to the goods passes as soon as the buyer takes over the goods.
5/2 The seller is not responsible for damages caused by the delay in the shipment or delivery of the goods for any reason.
5/3 As a part of the purchase contract, the buyer assumes the risk of a change in circumstances according to §1765, sec.2 of the Civil Code.
6/1 The buyer-consumer acknowledges that according to §1837 of the Civil Code, it is not possible to withdraw from the contract, among other things:
(see the section 1837 of the Civil Code for details)
6/2 If it is not a case mentioned in the Article 6/1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with §1829 sec.1 of the Civil Code, within fourteen (14) days from the acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of acceptance of the last delivery of the goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an annex to the CT. Withdrawal from the purchase contract can be sent by the buyer, among other things, to the address of the seller´s premises or to the email address info@jackodesign.cz.
6/3 In the case of withdrawal from the purchase contract according to the Article 6/2 CT, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the moment of withdrawal from the contract.
6/4 In the case of withdrawal from the purchase contract according to the Article 6/2 CT, the seller will return the money he received from the buyer within fourteen (14) days, the latest, from the moment of withdrawal from the purchase contract by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he has sent the goods.
6/5 The seller is entitled to unilaterally offset the claim for compensation for the damage caused to the goods against the buyer´s claim for a refund of the purchase price.
6/6 Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract without giving a reason. In the case of payment of the purchase price, the seller will return the purchase price to the buyer without undue delay, in a non-cash manner to the bank account designated by the buyer.
6/7 If a gift is provided to the buyer, together with the goods, the gift contract is concluded between the seller and the buyer with the discontinuing condition that if the purchase contract is withdrawn, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the provided goods to the seller together with the received gift.
6/8 Withdrawal FROM THE PURCHASE CONTRACT in other cases (the purchase contract is not concluded with the buyer in the position of a consumer).
The buyer cannot withdraw from the purchase contract or demand delivery of the new goods if he cannot return the goods in the condition in which he received them. This does not apply if:
If the buyer does not report the defect in the goods on time, he loses the right to withdraw from the contract.
7/1 The seller provides or mediates the following delivery methods:
while all the offered modes of transport, their current conditions and prices are listed in the E-SHOP.
7/2 In the event that the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
7/3 The delivery time stated in the product offer is only informative as an expected delivery time. The seller will make every effort to ensure that the actual delivery time corresponds to the delivery time according to this offer.
7/4 The shipment includes a warranty card and other documents for the goods.
7/5 If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery to the specified place. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with another delivery method.
7/6 When taking over the goods from the carrier, the buyer is obliged to check the integrity of packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating unauthorised intrusion into the shipment, the buyer is advised not to accept the shipment from the carrier and to fill in a damage notification slip. By signing the delivery note, the buyer confirms that the packaging of the shipment containing the goods was intact.
7/7 All communication on the part of the seller regarding delivery of the goods will be sent to the buyer, to the buyer´s email address.
7/8 Additional rights and obligations of the parties during transportation of the goods may be regulated by the seller´s special delivery conditions, if issued by the seller.
8/1 The rights and obligations of the contracting parties regarding rights in the case of damage settlement are governed by relevant, generally binding regulations (especially provisions of the Sections §1914 to §1925, §2099 to §2117 and §2161 to 2174 of the Civil Code).
8/2 The goods are defective if they do not have the agreed properties. The delivery of other goods is also considered a defect. The buyer´s right in the case of damage settlement is based on a defect that the goods have when the risk of damage passes to the buyer, even if it becomes apparent only later. The buyer´s right is also based on a defect that arose later, which the seller caused by breaching his obligation. The buyer does not have the right in the case of damage settlement, if it was known to the buyer before taking over the goods that the goods had any defect, or if the buyer caused the defect himself (for instance, by improper use in violation of the instructions for the use or other improper behaviour of the buyer, etc.). Additional rights and obligations of the parties related to the seller´s liability for defects may be regulated by the seller´s Claims Procedure.
8/3 To the best of his ability, the buyer will inspect the goods as soon as possible after the risk of damage has passed to the goods and make sure of their properties and quantity. The risk of damage is transferred to the buyer upon receipt of the goods. A similar consequence occurs if the buyer does not take over the goods, eventhough the seller has allowed him to dispose of them. The damage to the goods, which occured after the risk of damage to the goods has passed to the buyer, does not affect his obligation to pay the purchase price unless the seller caused the damage by breaching his obligation.
8/4 The buyer´s delay in taking over the goods gives the seller the right to sell the goods in a suitable way following a prior notice and after giving the buyer an additional reasonable time to take over. This also applies if the buyer is in delay with payment of the purchase price, which is the condition for delivery of the goods.
8/5 If the buyer is an entrepreneur, within the meaning of the Article 1.2, letter b) CT, especially the provisions of §2099 to §2112 of the Civil Code apply when exercising rights due to a defect in goods. The seller provides/does not provide the buyer-entrepreneur with a guarantee for the quality of the goods sold for the duration of ....... months from the receipt of the goods, if the goods were sent according to the purchase contract, passing since delivery of the goods to the destination. As a quality guarantee, the seller commits himself to the fact that the goods will be suitable for use for the usual purpose or that they will retain their usual properties for the above-mentioned period. The proof of warranty is the proof of purchase (invoice) with the legally specified data that is required for the warranty to be applied (in particular – product name, warranty lenght, price, quantity, serial number, etc. ). At a personal request of the buyer-entrepreneur, the seller will provide a guarantee in the form of the warranty certificate. However, instead of the warranty certificate the seller issues to the buyer-entrepreneur a proof of the purchase of the item containing the specified data, in a standard way. The warranty does not apply to the wear and tear of the goods caused by its typical use or if the buyer-entrepreneur caused the defect himself (e.g. by improper use in violation of the instructions for use or other improper actions of the buyer-entrepreneur, etc.). Furthermore, the buyer-entrepreneur has no right from the warranty if the defect was caused by an external event after the risk of damage to the goods has passed to the buyer. For the goods sold at a lower price, the warranty does not cover defects for which a lower price was negotiated. If the goods are used, the seller is not responsible for the defects corresponding to the degree of use or the wear and tear that the goods had when the buyer-entrepreneur took them over. The seller does not provide the buyer-entrepreneur with the post-warranty service for the goods.
8/6 If the buyer is a consumer, within the meaning of the article 1.2, letter a), CT, especially the provisions of §2158 to §2174 of the Civil Code apply whe exercising rights due to a defect in goods.
8/7 THE SELLER´S LIABILITY
The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
If a defect becomes apparent within six months of the receipt, it is understood that the goods were already defective upon receipt.
The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four (24) months of the receipt, unless otherwise stated, but this does not apply to:
The buyer does not have the right in the case of damage settlement if the buyer knew before taking over the goods that the goods had a defect, or if the buyer caused the defect himself (e.g. by improper use in violation of the instructions for use or other improper behaviour of the buyer, etc.).
8/8 SERIOUS BREACH OF THE PURCHASE AGREEMENT
If the case of damage settlement is the serious breach of the purchase agreement, the buyer has the right to:
8/9 The buyer is obliged to inform the seller of the right he has chosen already upon notification of the defect or without undue delay following notification of the defect. The choice made cannot be changed by the buyer without consent of the seller, this does not apply if the buyer requested the repair of a defect that turns out to be irreparable. If the seller does not remove the defects within a reasonable period of time or if he informs the buyer that he will not remove the defects, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the purchase contract. If the buyer does not choose his right in time, he has the same rights as in the case of a minor breach of the purchase contract-see below.
8/10 MINOR BREACH OF THE PURCHASE CONTRACT
If the case of damage settlement is the minor breach of the purchase agreement, the buyer has the right to have the defect removed or to a reasonable discount from the purchase price. As long as the buyer does not exercise the right to a discount from the purchase price or to withdraw from the purchase contract, the seller can supply what is missing or remove the defect. Other defects can be removed by the seller at his choice by repairing the item or delivering a new item.
8/11 If the seller does not remove the item´s defect in time or refuses to remove the item´s defect, the buyer may request a discount from the purchase price or may withdraw from the purchase contract. The choice made cannot be changed by the buyer without consent of the seller. The buyer has the right to delivery of the new goods or replacement of a part even in the case of a removable defect, if he cannot properly use the item due to repeated occurrence of the defect after repair, or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the purchase contract.
8/12 If the buyer does not report the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right of damage settlement. If it is a hidden defect, the same applies if the defect is not reported without undue delay after the buyer could have discovered it with sufficient care, but no later than two (2) years after handing over the item.
8/13 THE METHOD OF CLAIMING GOODS
The buyer can make a claim in person at the seller´s premises at Martinovská 3245/36e, 723 00 Ostrava-Martinov, or by sending the goods to this address. In particular, the consignment must contain:
Without documenting the above-mentioned facts, it is impossible to identify the origin and defects of the goods. The seller will send a written confirmation to the buyer, (of what the claim was made, what it contains, what method of handling the claim is required), by mail immediately after receiving the claim. In the event of a personal claim, such notification will be delivered to the buyer on the spot.
The buyer understands that if he does not deliver the claimed goods, including all the received accessories, then in the event of the buyer´s withdraval from the contract, the purchase price will be returned to the buyer reduced by the price of the undelivered accessories.
The seller will decide on the acceptance of the claim immediately, in complex cases within three (3) working days. This period does not include the time appropriate to the type of the product or service required for expert assessment of the defect. The seller will handle the claim, including the removal of the defect without undue delay, no later than thirty (30) days from the date of filing the claim. This period of thirty (30) days can be extended after filing the claim by agreement with the buyer – such extension must not be indefinite or unreasonably long. Following the deadline of the extended period it is understood that a defect in the goods actually existed and the buyer has the same rights as if it was a defect that could not be removed.
The seller will issue a written confirmation to the buyer of the date and method of the claim settlement, including confirmation of the repair and the duration of the claim or justification of the rejection of the claim.
After handling the claim, the seller will notify the buyer of the termination of the claim either by phone, SMS or email. If the goods were sent by the shipping service, they will automatically be sent to the buyer´s address following processing of the claim.
The buyer has the right to reimbursement of purposefully incurred costs associated with filing of the justified claim. These costs are understood as the least necessary. In particular, this concerns the postage for sending the claim. The reimbursement of the costs must be requested without undue delay.
The buyer is obliged to accept the claim without undue delay, no later than thirty (30) days from the day on which he was informed about its settlement. If the claim is not accepted by the buyer no later than the last day of this period, the seller will charge a storage fee for storing the goods in the amount of CZK 20 for each day of delay. If the buyer does not pick up the goods from the settled claim within six (6) months from the day he was informed about the settlement, the seller reserves the right to sell the goods and use the proceeds to pay the storage fee.
When delivering the goods following handling of the claim, the buyer is obliged to present the document on the basis of which the item was accepted for the claim and must prove his identity with a valid document.
9/1 The protection of the personal data of the buyer who is a physical entity is provided by the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of physical entities in connection with processing the personal data and on the free movement of such data and on the repeal of the Directive 95/46 EC (the so-called general regulation on protection of the personal data),(further only as „the regulation“), as well as other implementing provisions to the regulation and the related legislation.
9/2 All information, rights and obligations of the buyer (a data subject) are set out in a separate document entitled „Privacy Policy“ (further only as „the Policy“). The Policy is available here.
9/3 The buyer acknowledges that he is obliged to provide his personal information correctly and truthfully when placing an order in the E-SHOP and that he is obliged to inform the seller of a change in his personal data without undue delay.
9/4 By sending the order, the buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
10/1 These CTs were published on the seller´s website www.jackodesign.cz and became valid and effective on the day of their publication. In relation to a specific purchase contract between the seller and the buyer, these CTs become effective at the moment of conclusion of the purchase contract.
10/2 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that this relationship is governed exclusively by the Czech law.
10/3 If any provision of the CT is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase contract or to the CTs require a a written form.
10/4 Within the framework of these CTs the seller informs the buyer-consumer that all potential disputes between the seller and the buyer-consumer can also be resolved out of the court (the so-called ADR). In such a case, it is necessary for the buyer-consumer to contact the materially competent entity for the out-of-court dispute resolution, which in these cases is the Czech Trade Inspection (more at https://www.coi.cz/ or directly at http://adr.coi.cz) . However, all the buyers are recommended by the seller to contact first the seller, if it is possible in such cases, and try to resolve such a dispute without involvement of the Czech Trade Inspection.
10/5 The purchase contract, including the CTs, is archived by the seller in electronic form and is not accessible.
10/6 The buyer agrees to be delivered to exclusively to the email address specified by the buyer in the order.
10/7 Contact details of the seller:
In Ostrava, on 13/10/2020
The company: JACKODESIGN a.s.
Represented by ........................................................, position..............................................................
Addressee:
Trading Company:
Business ID:
Based in:
The company is registered in the Commercial Register maintained by the ................................court in ................................. in the section ....................., the file cover ..................,
Email:
I hereby announce that I am withdrawing from the purchase contract for the purchase of these goods:
.......................................................................................................................................................................................
The contract/tax document number: ..................................
The date of ordering the goods: ..................................
The date of receipt of the goods: ......................................
The name and surname of the customer: .........................................
The customer´s address: ...................................................................................................................................
Date: ........................................................
The customer´s signature:
..................................................................................
The administrator of the personal data, company......................with registered office.......................ID..............................., registered in the Commercial Register maintained by the......................court in..................., under the file........................., (further only as „the company“) fulfills the obligation imposed upon it by the Article 21, sec.4 of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of physical entities in connection with processing the personal data and on the free movement of such data and on the repeal of the Directive 95/46/EC (the general regulation on protection of the personal data), (further only as „the Regulation“) and with reference to the company´s Privacy Policy of............2018 informs the data subject of the following:
The data subject has the right, for reasons relating to his specific situation, to object at any time to the processing of the personal data concerning – on the basis of the Article 6, sec.1, letter e) – the regulation (whether processing is necessary for the fulfillment of a task caried out in the public interest or in the exercise of public authority entrusted to the controller) or f) (processing is necessary for the purposes of the legitimate interests of the relevant controller or a third party), including profiling based on these provisions. The controller will not further process the personal data unless he proves serious legitimate reasons for such processing that outweigh the interests or rights as well as freedoms of the data subject, or for determination, exercise or defense of the legal claims.
If the personal data is processed for the purposes of direct marketing, the data subject has the righ to object at any time to the processing of the personal data concerning him or her for such marketing, which includes profiling as far as such direct marketing is concerned.
...............................2018
Represented by.................................... the company´s executive...................................