Terms and Conditions
trading company: Live shrimp Linhart s.r.o.
with registered office: Prague - Old Town, Kaprova 42/14, postal code 110 00
identification number: 07442009
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 301114
for the sale of goods through an online store located at the Internet address www.damekrevety.cz
1. INTRODUCTORY PROVISIONS
1.1. These business conditions (hereinafter referred to as "business conditions") of the business company Živé krevety Linhart sro, with its registered office in Prague - Old Town, Kaprova 42/14, postal code 110 00], identification number: 07442009 entered in the Commercial Register kept by the Municipal Court in Prague, section C, insert 301114 (hereinafter referred to as the "seller") regulate in accordance with the provisions 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 arising in connection or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The internet shop is operated by the seller on a website located at the internet address www.damekrevety.cz (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2.1. The protection of personal data of the buyer, who is a natural person, is in accordance with Act No. 101/2000 Coll. on the protection of personal data and amending certain laws, as amended and after 25 May 2018 also in accordance with REGULATION (EU) No 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of individuals with regard to processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), otherwise known as GDPR. O
2.2. The processing of personal data complies with the principles of legality of personal data processing and with a focus on legality, correctness, transparency, purpose limitation, data minimization, accuracy, storage restrictions, integrity and confidentiality of personal data.
2.3. The processing of personal data is subject to the principles of personal data processing [insert link to own principles of personal data processing], which the buyer has published in the order.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if the goods cannot, by their nature, be returned in the usual way. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods provided in the web interface of the store.
3.4. To order goods, the buyer fills in the order application in the web interface of the store. The application contains mainly information:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm the receipt of the order to the Buyer by e-mail to the Buyer's e-mail address specified in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from 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. o 3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways in cash on delivery at the place specified by the buyer in the order;
4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require a deposit or other similar payment from the buyer. This does not affect the provisions of Article 6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. 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 non-cash payment, the purchase price is payable within [insert number] days from the conclusion of the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with 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.
4.6. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 6), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall 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 payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods, which was modified according to the wishes of the buyer or for him, from the purchase contract for the delivery of perishable goods and goods , which has been irretrievably mixed with other goods after delivery, from the purchase contract for the supply of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons original packaging.
5.2. If it is not a case specified in Article 1 of the Terms and Conditions 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 paragraph 1 of the Civil Code within 30 minutes from acceptance of goods, and in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of 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] electronic mail in the "Contacts" section on the web address www.damekrevety.cz.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 60 minutes of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of goods to the seller, even if the goods can not be returned due to its nature by regular mail.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If 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.
6.2. 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.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
6.4. Upon receipt 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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of § 1914 to 1925, § 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, in wording of later regulations).
7.2. The seller responds 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 when the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or the manufacturer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions referred to in Article 2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods.
7.4. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within 30 minutes of receipt.
7.5. The rights arising from defective performance are exercised by the buyer at the seller at the address of delivery of goods.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
8.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://www.coi.cz, is responsible for out-of-court settlement of consumer disputes arising from the purchase contract.
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade licensing is performed within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9.1. It can be delivered to the buyer to the buyer's email address.
10. FINAL PROVISIONS
10.1. If any provision of the Terms and Conditions is or becomes invalid or ineffective, 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 shall not affect the validity of the other provisions.
10.2. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.
10.3. The appendix to the business conditions is a sample form for withdrawal from the purchase contract.
10.4. Seller's contact details: delivery address Prague - Old Town, Kaprova 42/14, postal code 110 00, e-mail address objednavkydamekrevetymail.com, telephone 604 501 343.