TERMS & CONDITIONS
1. INITIAL PROVISIONS
1.1 These Terms & Conditions (hereinafter referred to as “Terms & Conditions”) of the trading company Pity not to buy s.r.o., based in Viktora Huga 468/11, 150 00 Praha 5 - Smíchov, Czech republic, CRN: 14209357, registered in the Commercial register maintained at the Regional Court in Prague, Section C, (hereinafter referred to as “Seller”) regulate in accordance with the provision of Section 1751 Subs. 1 of the Act no. 89/2012 Coll., Civil Code (hereinafter referred to as “Civil Code”) mutual rights and obligations of the contracting parties established in connection with or based on a purchase contract (hereinafter referred to as “Purchase contract”) concluded between the Seller and another natural person or legal subject (hereinafter referred to as “Purchaser”) through the internet shop of the Seller. The internet shop is operated by the Seller on a website located at the internet address www.szkodaniekupic.pl (hereinafter referred to as “Website”), via the interface of the Website (hereinafter referred to as “Web Interface of the Shop”).
1.2 Provisions differing from the Terms & Conditions can be negotiated in the Purchase contract. The provisions of the Purchase contract have priority over the provisions of the Terms & Conditions.
1.3 The provisions of the Terms & Conditions are an inseparable part of the Purchase Contract. The Purchase contract and the Terms & Conditions are drawn up in the Czech language. A Purchase contract can be concluded in the Czech language.
1.4 The Seller can change or amend the text of the Terms & Conditions. This provision does not affect the rights and obligations established while the previous version(s) of the Terms & Conditions were effective.
2. USER ACCOUNT
2.1 Following a registration on the Website, the Purchaser can access their user interface. From their user interface (hereinafter referred to as “User account”), the Purchaser can order goods. The Purchaser can also order goods without a registration, directly from the Web Interface of the Shop.
2.2 While registering on the website and while ordering goods, the Purchaser is obliged to provide all details correctly and truthfully. Upon any change of the details within the User account, the Purchaser is obliged to update these before completing their purchase at the latest. Details provided by the Purchaser within their User account and while ordering goods are automatically deemed correct.
2.3 The access to the User account is secured by a user name and a password, or by access via external login services Google or Facebook. The Purchaser is obliged to preserve the confidentiality of information imperative to access their User account.
2.4 The Seller reserves the right to cancel a User account in case the Purchaser violates their obligations deriving from the Purchase contract (including the Terms & Conditions) or if the Seller deems it convenient or necessary.
2.5 The Purchaser takes note that their User account may not be available uninterruptedly, especially in regard to the necessary maintenance of the Seller´s hardware and software equipment, or the necessary maintenance of hardware and software equipment of third parties.
3. CONCLUDING A PURCHASE CONTRACT
3.1 Presentation of all types of goods located in the Web Interface of the Shop is of an indicative nature only and the Seller is not obliged to conclude a Purchase contract for these goods. The provision of Section 1732 Subs. 2 of the Civil Code does not apply.
3.2 The prices of goods are published including VAT and all related fees. The prices of goods remain valid for the period during which they are displayed in the Web Interface of the Shop. This provision does not restrict the Purchaser´s possibility to conclude a Purchase contract under individually agreed conditions.
3.3 The Web Interface of the Shop also contains information about the costs related to packing and delivering goods to all countries to which we are shipping.
3.4 To order goods, the Purchaser is to fill out an order form in the Web Interface of the Shop. The order form contains especially information about:
- 3.4.1 the goods being ordered (the Purchaser is to “add” the ordered goods to the electronic shopping cart of the Web Interface of the Shop),
- 3.4.2 the payment method for the purchase price of the goods, information about the requested delivery method of the ordered goods, and
- 3.4.3 information about costs related to delivering the goods (hereinafter together referred to as “Order”).
3.5 Before submitting an Order to the Seller, the Purchaser is allowed to check and edit details which they entered into the Order, between others to allow the Purchaser an opportunity to find and correct mistakes they may have made when entering the data into the Order. The Purchaser submits the Order to the Seller by clicking the “Submit the Order” button. The details provided in the Order are automatically deemed correct by the Seller. Upon receipt of the Order, the Seller shall without delay confirm its receipt to the Purchaser by electronic mail, namely to the electronic mail address of the Purchaser provided in their User account or the Order (hereinafter referred to as “Electronic address of the Purchaser”).
3.6 Depending on the nature of the Order (amount of goods, purchase price, estimated shipping costs), the Seller is always entitled to request an additional confirmation of the Order from the Purchaser (e.g. in writing or by a phone call).
3.7 The contractual relationship between the Seller and the Purchaser arises at the moment of delivering an acceptance of the Order, which is sent by the Seller to the Purchaser via electronic mail to the Electronic address of the Purchaser, which they have provided in the Order.
3.8 The Purchaser agrees to use distance communication tools for the purpose of concluding the Purchase contract. Any costs incurred by the Purchaser relating to using distance communication tools in connection with concluding the Purchase contract (internet connection costs, phone call costs) are covered by the Purchaser themselves, where these costs do not differ from the basic rate.
4. PRICE OF THE GOODS AND PAYMENT CONDITIONS
4.1 The price of the goods and potential costs relating to the delivery of the goods according to the Purchase contract can be paid by the Purchaser to the Seller in the following ways:
- 4.1.1 cashless transfer to an account of the Seller, opened at the company Fio banka, a.s. (hereinafter referred to as “Seller´s account”);
- 4.1.2 cashless payment by payment card.
4.2 Together with the purchase price, the Purchaser is obliged to pay for the Seller´s expenses related to packing and delivering the goods amounting to the agreed amount. Unless explicitly stated otherwise, the purchase price is further understood as the purchase price including the costs related to delivering the goods.
4.3 If the Purchaser orders a higher than usual amount of goods or goods for a total price exceeding the amount of 10,000.00 CZK, the Seller can request a deposit payment from the Purchaser. This is without prejudice to the provision of the article 4.6 of the Terms & Conditions about the obligation to pay the purchase price of goods in advance.
4.4 In case of cashless transfer to the account, the purchase price payment is due within 7 days from concluding the Purchase contract.
4.5 The Purchaser is obliged to pay the purchase price of the goods while providing the variable symbol / reference for the payment at the same time. The obligation of the Purchaser to pay the purchase price is fulfilled at the moment of the relevant amount being credited to the Seller´s account.
4.6 The Seller and the Purchaser have agreed that a full payment of the purchase price shall be made before the goods are dispatched to the Purchaser. The provision of the Section 2119 Subs. 1 of the Civil Code shall not apply.
4.7 Potential discounts from the goods´ price provided to the Purchaser cannot be mutually combined.
4.8 In connection with payments made on the basis of the Purchase contract, the Seller shall issue an invoice to the Purchaser. The Seller is a VAT payer. The invoice shall be issued to the Purchaser by the Seller following the completion of the payment of the purchase price and shall send it electronically to the Electronic address of the Purchaser.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1 The Purchaser takes note that according to the provision of the Section 1837 of the Civil Code, a Purchase contract for delivery of goods adjusted according to the request of the Purchaser or their person cannot be withdrawn.
5.2 Unless a case stated in the article 5.1 of the Terms & Conditions or another case where the Purchase contract cannot be withdrawn applies, according to the provision of the Section 1829 Subs. 1 of the Civil Code, the Purchaser has the right to withdraw the Purchase contract, namely within fourteen (14) days from taking over the goods, and at the same time, in case the subject of the Purchase contract are several types of goods or in case of delivering several parts, the period starts from the day of taking over the delivery of the goods. A withdrawal from the Purchase contract must be sent to the Seller within the time period given in the previous sentence. For withdrawing from the Purchase contract, the Purchaser may use the sample form provided by the Seller, which is part of the Terms & Conditions.* The Purchaser´s withdrawal from the Purchase contract can also be delivered to the business address of the Seller by post, or electronically to the electronic mail address of the Seller email@example.com.
*applicable for Purchasers from the Czech Republic and Slovakia only
5.3 In case of withdrawal from the Purchase contract according to the article 5.2 of the Terms & Conditions, the Purchase contract shall be cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days from withdrawing from the contract. In case the Purchaser withdraws from the Purchase contract, they bear the costs related to returning the goods to the Seller, this applies even in case that due to their nature the goods cannot be returned by regular postal means of transport.
5.4 In case of withdrawal from the Purchase contract according to the article 5.2 of the Terms & Conditions, the Seller shall return the money accepted from the Purchaser except for the shipping costs, namely within thirty (30) days from withdrawing from the Purchase contract by the Purchaser, that is electronically by a transfer to the Purchaser´s account. In case the Purchaser withdraws from the Purchase contract, the Seller in not obliged to return the money accepted from the Purchaser until the Purchaser returns the goods or proves that they have dispatched the goods to the Seller. In case the Purchaser was provided a discount on the shipping costs, even if up to 100 %, the Seller can subtract these costs from the money, and return the money to the Purchaser decreased by this amount.
5.5 The Seller´s claim for compensation of damage caused to the goods can be deducted unilaterally by the Seller from the Purchaser´s claim for returning the purchase price.
5.6 In cases where the Purchaser, in accordance with the provision of the Section 1829 Subs. 1 of the Civil Code, has the right to withdraw from the Purchase contract, the Seller has the right to withdraw from the Purchase contract at any time as well, namely until the moment the goods are taken over by the Purchaser. In such case, the Seller shall return the purchase price to the Purchaser without undue delay, namely cashless to the account determined by the Purchaser or to the account from which the money was received.
5.7 In case that together with the goods the Purchaser receives a gift, the donation agreement between the Seller and the Purchaser is concluded including a cancellation clause which states that should a Purchase contract be withdrawn by the Purchaser, the donation agreement concerning such gift ceases to apply and that together with the goods, the Purchaser is obliged to return to the Seller the gift received as well.
6. SHIPPING AND DELIVERING GOODS
6.1 In case the shipping method is agreed based on a special request of the Purchaser, the Purchaser carries the risk and potential additional costs in connection with using this shipping method.
6.2 In case that according to the Purchase contract the Seller is obliged to deliver the goods to a place specified by the Purchaser in their Order, the Purchaser is obliged to take over the goods upon delivery.
6.3 If due to reasons on the level of the Purchaser it is necessary to deliver the goods repeatedly or using a method other than the one stated in the Order, the Purchaser is obliged to pay the costs related to the repeated delivery of the goods, or the costs related to using a different delivery method respectively.
6.4 Upon taking over the goods from the shipping provider, the Purchaser is obliged to check whether the packaging of the goods is intact and in case of any defects to announce this immediately to the shipping provider. In case it is evident that the damage has been caused by an unauthorised intrusion into the shipment, the Purchaser may decide not to take over the shipment from the shipping provider.
6.5 The Purchaser accepts that the goods are made into the final product only after being ordered by the Purchaser. The delivery time is displayed on the product card and is indicative. The delivery time can lengthen in case of unexpected events as well as in case the Seller or the suppliers of the Seller run out of components necessary to manufacture the goods.
6.6 The Seller can wilfully decide to divide the Order and to deliver the ordered goods as individual products. In such case, the Seller undertakes to bear the costs related to a repeated delivery, unless stated otherwise for those goods.
6.7 The Seller can delay the delivery of the goods in case of force majeure (e.g. natural disasters, death, war, alien attack, accidents, illnesses etc.).
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1 Rights and obligations of contracting parties regarding rights from defective performance are governed by the relevant general binding provisions (especially by provisions of the Section 1914 to 1925, Section 2099 to 2117 and Section 2161 to 2174 of the Civil Code and the Act no. 634/1992 Coll., Consumer Protection Act, as amended).
7.2 The Seller guarantees the Purchaser that the goods have no defect upon takeover. Especially, the Seller guarantees the Purchaser that at the time they have taken over the goods:
- 7.2.1 the goods have the qualities which the parties agreed upon and, if an agreement is missing, that they have the qualities the Seller or the manufacturer described, or which the Purchaser with regards to the nature of the goods and based on the advertising done by them expected to have,
- 7.2.2 the goods are convenient for the purpose as declared by the Seller or for which such type of goods is usually used,
- 7.2.3 the quality and design of the goods match the agreed sample or model, if the quality and design were determined by the agreed sample or model,
- 7.2.4 the goods are in appropriate amounts, quantity or weight, and
- 7.2.5 the goods comply with the requirements of legal regulations.
7.3 The provisions stated in the article 7.2 of the Terms & Condition do not apply for goods sold for a lower price due to a defect, because of which the lower price was agreed, due to wear and tear of the goods caused by their regular use, and for used goods due to a defect appropriate to the extent of usage or wear and tear of the goods upon takeover by the Purchaser, or if it arises from the nature of the goods.
7.4 The Purchaser exercises the rights from defective performance with the Seller at the address of the Seller´s business.
7.5 Further rights and obligations of the parties linked to the responsibility of the Seller for defects can be regulated by the Seller´s return policy.
8. FURTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1 The Purchaser receives possession of the goods by paying the full purchase price of the goods.
8.2 In relation to the Purchaser, the Seller is not bound by any codes of conduct as provided by the Section 1826 Subs. 1 Letter e) of the Civil Code.
8.3 Relevant for extrajudicial resolutions of consumer disputes arising from the Purchase contract is the Czech Trade Inspection Authority (CTIA), based in Štěpánská 567/15, 120 00 Praha 2, Czech Republic CRN: 000 20 869, internet address: https://www.coi.cz.
8.4 The Seller is entitled to selling goods based on a trade licence. Trade controlling is carried out, within the scope of their authority, by the relevant Trade Licensing Office. Supervision in the area of personal data protection is carried out by The Office for Personal Data Protection. Within the defined range, the Czech Trade Inspection Authority supervises, between others, compliance with the Act no. 634/1992 Coll., Consumer Protection Act, as amended.
8.5 The Purchaser hereby takes over the risks of change of circumstances in the meaning of the Section 1765 Subs. 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1 Personal data protection of the Purchaser, who is a natural person, is provided by the Act no. 101/2000 Coll., Personal Data Protection Act, as amended.
9.2 The Purchaser agrees that the following personal data of theirs can be processed: Name and Surname, Address, CRN, VAT number, electronic mail address, telephone number (hereinafter together referred to as “Personal data”).
9.3 The Purchaser agrees with processing their Personal data by the Seller, namely for the purpose of realising the rights and obligations arising from the Purchase contract and for the purpose of maintaining the User account. Unless the Purchaser selects a different option, they agree with processing Personal data by the Seller also for the purpose of distributing information and commercial communications to the Purchaser. The agreement to process Personal data to full extent according to this article is not a condition, which in itself would hinder the conclusion of the Purchase contract.
9.4 The Purchaser takes note that they are obliged to provide their Personal data (during registration, within their User account, while making Orders from the Web Interface of the Shop) correctly and truthfully and that they are obliged without undue delay to inform the Seller about any changes to their Personal data.
9.5 The Seller can delegate the processing of Personal data to a third person, in their capacity as a processor. Except for persons transporting the goods, the Seller shall not transmit Personal data to third persons without a prior agreement of the Purchaser.
9.6 Personal data shall be processed for an indefinite period of time. Personal data shall be processed electronically in an automated way, or in print in a non-automated way.
9.7 The Purchaser confirms that the provided Personal data is accurate and that they were informed that the disclosure of Personal data is voluntary.
9.8 In case the Purchaser believed that the Seller or the processor (art. 9.5) have been processing their Personal data in a way that would infringe the protection of the private and personal life of the Purchaser or that would infringe the law, especially should the Personal data be incorrect given the purpose of their processing, they can:
- 9.8.1 request an explanation from the Seller or the processor,
- 9.8.2 request that the Seller or the processor remedy such situation.
9.9 Should the Purchaser request information about processing their Personal data, the Seller is obliged to convey this information to them.
10. SENDING COMMERCIAL COMMUNICATIONS AND SAVING COOKIES
10.1 The Purchaser agrees to receiving information related to goods, services or the enterprise of the Seller to the Electronic address of the Purchaser, and further agrees to receiving commercial communications from the Seller to the Electronic address of the Purchaser.
10.2 The Purchaser agrees to saving the so called cookies to their computer.
11.1 Purchases made by the Purchaser can be delivered to the Electronic address of the Purchaser.
12. FINAL PROVISIONS
12.1 If a relationship established by the Purchase contract contains an international (foreign) element, the parties agree that the relationship shall abide by the laws of the Czech Republic. This is without prejudice to the consumer rights deriving from the generally applicable legal rules.
12.2 In case a provision of the Terms & Conditions is invalid or ineffective, or should become such, the invalid provision shall be replaced by a provision, whose sense will get to the meaning of the invalid provision the closest. Invalidity or ineffectiveness of a provision does not affect the validity of the remaining provisions.
12.3 The Purchase contract including the Terms & Conditions is archived by the Seller electronically and is not accessible.
12.4 Annexed to the Terms & Conditions is a sample form for withdrawal from the Purchase contract.**
** applicable for Purchasers from the Czech Republic and Slovakia only
12.5 Contact details of the Seller: Delivery address Pity not to buy s.r.o., Viktora Huga 11, Praha 5, 150 00, Czech Republic, electronic mail address(english + czech), telephone +420 607 189 999 (only czech communication).
Prague, 1st January 2021
This English translation is an unofficial version of the Czech version of the Terms & Conditions effective from 1st January 2021. The translation is for information purposes only.