Terms and Conditions

Kubák, Strmilov weaving mill, k.s.

with its registered office at Kunžatecká 25, 37853 Strmilov, identification number: 28135202, a company registered in the Commercial Register kept at the Regional Court of České Budějovice, Section A, Insert 10727 for the sale of goods through an on-line shop located at the Internet address www.tkalcovna.cz

1. INTRODUCTORY PROVISIONS

  1. These terms and conditions of business (hereinafter referred to as "terms and conditions ") of the company Kubák, tkalcovna strmilov, k.s., with its registered office at Kunžatecká 25, 37853 Strmilov, identification number: 28135202, registered in the Commercial Register kept at the Regional Court of České Budějovice, Section A, Insert 10727 (hereinafter referred to as the "Seller"), regulates the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online shop is operated by the Seller at the Internet address www.tkalcovna.cz, through a web interface (hereinafter referred to as the "web interface of the shop").
  2. The Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.tkalcovna.cz (hereinafter referred to as the "Website") and other related legal relations. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller is acting in the course of his business when ordering goods.
  3. Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the contract of sale take precedence over the provisions of the terms and conditions.
  4. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.

The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. USER ACCOUNT

  1. Based on the Buyer's registration made on the Website, the Buyer can access his/her user interface. From his/her user interface, the Buyer can order goods (hereinafter referred to as "user account"). If the web interface of the shop allows it, the Buyer can also order goods without registration directly from the web interface of the shop.
  2. When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is considered correct by the Seller.
  3. Access to the user account is secured by a username and password. The Buyer shall maintain confidentiality regarding the information necessary to access his/her user account and acknowledges that the Seller shall not be liable for any breach of this obligation by the Buyer.
  4. The Buyer is not entitled to allow third parties to use the user account.
  5. The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 1 year or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

The Buyer acknowledges that the User Account may not be available at all times, in particular with respect to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.

3. CONCLUSION OF THE PURCHASE AGREEMENT

  1. The web interface of the shop contains a list of the goods offered for sale by the Seller, including the prices of the individual goods offered. The prices of the goods offered are inclusive of value added tax and all related charges. The offer for sale of goods and the prices of such goods shall remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a contract of sale in respect of these goods.
  2. The web interface of the shop also contains information about the costs associated with the packaging and delivery of the goods. The information about the costs associated with the packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
  3. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
    ¦ the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart in the web interface of the store),
    ¦ the method of payment of the purchase price of the goods, information about the required method of delivery of the ordered goods and
    ¦ information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
  4. Before sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered into the Order by the Buyer, including with regard to the Buyer's ability to detect and correct errors made in entering data into the Order. The Buyer sends the order to the Seller by clicking on the button " ". The data provided in the order is considered correct by the Seller. The Seller shall confirm receipt of the order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
  5. The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional order confirmation (for example, in writing or by phone).
  6. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by e-mail, to the Buyer's e-mail address.
  7. The Buyer acknowledges that the Seller is not obliged to conclude the Purchase Agreement, in particular with persons who have previously materially breached the Purchase Agreement (including the Terms and Conditions).
  8. The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.

4. PRICE OF GOODS AND PAYMENT TERMS

  1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer to the Seller in the following ways.
  2. Along with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
  3. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is due within 14 days of the conclusion of the purchase contract.
  4. In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
  5. The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.5), to require payment of the full purchase price before the goods are dispatched to the Buyer.
  6. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

  1. The Buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, inter alia, to withdraw from a purchase contract for the supply of goods adapted to the purchaser's wishes, as well as goods subject to rapid deterioration, wear and tear or obsolescence, from a purchase contract for the supply of audio and video recordings and computer programs if the consumer has damaged their original packaging, and from a purchase contract for the supply of newspapers, periodicals and magazines.
  2. Unless the case referred to in Article 5.1 or any other case where the purchase contract cannot be withdrawn from, the purchaser has the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods in accordance with the provisions of Article 53(7) of the Civil Code. The withdrawal from the purchase contract must be delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's business premises or to the seller's e-mail address.
  3. In case of withdrawal from the contract according to Article 5.2 of the Terms and Conditions, the purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within 14 working days from the date of sending the withdrawal to the Seller. In the event that the Buyer breaches the obligation under the previous sentence, the Seller shall be entitled to a contractual penalty of 5% of the purchase price of the goods for each day of delay, up to a maximum of the purchase price of the goods. This provision does not affect the right to compensation for any damage caused by the breach of the obligation to which the contractual penalty applies, even if the damage exceeds the contractual penalty. The goods must be returned to the seller undamaged and unworn and, if possible, in their original packaging.
  4. Within ten (10) days of the return of the goods by the Buyer pursuant to Article 5.3 of the Terms and Conditions, the Seller shall be entitled to examine the returned goods, in particular to determine whether the returned goods are damaged, worn out or partially consumed.
  5. In the event of withdrawal from the Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall refund the purchase price (excluding the costs incurred for delivery of the goods) to the Buyer within ten (10) days of the end of the period for examination of the goods pursuant to Article 5.4 of the Terms and Conditions, in cashless form to the account designated by the Buyer. The Seller is also entitled to return the purchase price in cash upon return of the goods by the Buyer.
  6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn out or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally offset the claim for payment of the damage against the Buyer's claim for reimbursement of the purchase price. Similarly, the Seller is entitled to unilaterally offset the claim for contractual penalty pursuant to Article 5.3 of the Terms and Conditions against the Buyer's claim for reimbursement of the purchase price.

6. PREPARATION AND DELIVERY OF GOODS

  1. The method of delivery of the goods shall be determined by the seller, unless otherwise specified in the contract of sale. In the event that the method of delivery is agreed at the request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of delivery.
  2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery. If the Buyer fails to take delivery of the goods, the Seller is entitled to demand a storage fee of CZK 100 (one Czech crown) and is further entitled to withdraw from the purchase contract.
  3. If for reasons on the buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
  4. When taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In the event of a breach of packaging indicating unauthorized intrusion into the shipment, the buyer may not accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods has met all conditions and requirements and that any subsequent claims regarding the breach of the packaging of the shipment cannot be taken into account.

Further rights and obligations of the parties in the carriage of the goods may be regulated by the seller's delivery conditions.

7. LIABILITY FOR DEFECTS, WARRANTY

  1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (in particular the provisions of § 612 et seq. of the Civil Code).
  2. The seller is liable to the buyer for the fact that the sold item is in conformity with the purchase contract, in particular that it is free from defects. Conformity to the purchase contract means that the sold item has the quality and performance required by the contract, described by the seller, the manufacturer or his representative or expected on the basis of their advertising, or the quality and performance usual for the item of such kind that it conforms to the requirements of the legal regulations, is in the appropriate quantity, measure or weight and corresponds to the purpose for which the seller states the item is used or for which the item is usually used.
  3. If the item is not in conformity with the contract of sale when taken over by the buyer (hereinafter referred to as "breach of contract"), the buyer shall have the right to have the seller restore the item to the condition corresponding to the contract of sale free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer; if such procedure is not possible, the buyer may demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew of the non-conformity with the purchase contract before taking delivery of the item or caused the non-conformity with the purchase contract. A conflict with the contract of sale which becomes apparent within six (6) months of the date of acceptance of the goods shall be deemed to have already existed at the time of acceptance, unless this is contradicted by the nature of the goods or unless the contrary is proved.
  4. In the case of perishable or used items, the seller is liable for defects that manifest themselves as a breach of the purchase contract after the acceptance of the item within the warranty period (warranty).

The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, shall be exercised by the buyer at the seller's place of business.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

  1. The Buyer acquires title to the Goods by paying the full purchase price of the Goods.
  2. The Buyer acknowledges that the software and other components forming the web interface of the Shop (including photographs of the goods offered) are protected by copyright. The Buyer agrees not to take any action that could allow him or third parties to interfere with or make unauthorised use of the software or other components of the web interface of the shop.
  3. The Buyer is not entitled to use mechanisms, software or other procedures that could negatively affect the operation of the web interface of the Shop when using the web interface of the Shop. The web interface of the shop may only be used to the extent that it is not detrimental to the rights of other customers of the seller and that is consistent with its intended use.
  4. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 53a(1) of the Civil Code.

The Buyer acknowledges that the Seller shall not be liable for errors resulting from third party interference with the Website or from the use of the Website contrary to its intended use.

9. PROTECTION OF PERSONAL DATA AND BUSINESS COMMUNICATIONS

  1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
  2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
  3. The Buyer agrees to the processing of personal data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of sending information and commercial communications to the Seller.
  4. The Buyer acknowledges that he/she is obliged to provide his/her personal data (during registration, in his/her user account, when placing an order from the web interface of the shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay about any change in his/her personal data.
  5. The Seller may delegate the processing of the Buyer's personal data to a third party as a processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
  6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
  7. The Buyer confirms that the personal data provided is accurate and that he/she has been advised that this is a voluntary provision of personal data. The Buyer declares that he/she has been advised that he/she may withdraw consent to the processing of personal data in relation to the Seller by written notice delivered to the Seller's address.
  8. In the event that the Buyer believes that the Seller or the Processor (Article 9.5) carries out a processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, he/she may: ask the Seller or the Processor for an explanation, demand that the Seller or the Processor remedy the situation thus created. In particular, this may include blocking, rectification, completion or destruction of the personal data. If the Buyer's request pursuant to the previous sentence is found to be justified, the Seller or Processor shall immediately remedy the defective condition. If the seller or processor does not comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the right of the buyer to address his complaint directly to the Data Protection Authority.
  9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to demand a reasonable fee for the provision of the information according to the previous sentence, not exceeding the costs necessary to provide the information.

The Buyer consents to the Seller sending information related to the Seller's goods, services or business to the Buyer's electronic address and further consents to the Seller sending commercial communications to the Buyer's electronic address.

10. DELIVERY

  1. Unless otherwise agreed, all correspondence relating to the Purchase Contract must be delivered to the other party in writing by electronic mail, in person or by registered mail through a postal service provider (at the sender's option). The Buyer shall be delivered to the e-mail address indicated in his/her user account.
  2. The message is delivered:
    ¦ in the case of delivery by electronic mail, at the moment of its receipt on the incoming mail server; the integrity of messages sent by electronic mail may be ensured by a certificate,
    ¦ in the case of delivery in person or through a postal service operator, by the addressee's acceptance of the parcel,
    ¦ in the case of delivery in person or through a postal service operator, also by refusal to accept the parcel if the addressee (or a person authorised to accept the parcel on his/her behalf) refuses to accept the parcel,
  3. in the case of delivery through a postal service operator, by the expiry of the period of ten (10) days from the deposit of the consignment and the giving of a notice to the addressee to take delivery of the deposited consignment, if the consignment is deposited with the postal service operator, even if the addressee has not become aware of the deposit.

11. FINAL PROVISIONS

  1. If the relationship related to the use of the website or the legal relationship based on the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
  2. The Seller is authorised to sell goods on the basis of a trade licence and the Seller's activity is not subject to any other authorisation. Trade control is carried out within the scope of its competence by the competent trade authority.
  3. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the contract of sale or the terms and conditions shall be in writing.
  4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
  5. Contact details of the Seller: delivery address Kunžatecká 25, 37853 Strmilov, e-mail address info@tkalcovna.cz phone 739028942 .

In Strmilov on 5.9.2013