Terms and Conditions
Company: Radek Líbal - Laityng Registered Office: Lišická 881, Chlumec nad Cidlinou 50351, Czech Republic Company ID (IČ): 68218931, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, Entry 32681 VAT ID (DIČ): CZ7802283093, VAT payer (hereinafter referred to as the "Seller") For the sale of goods via the online store located at the internet address www.kamna-firebull.cz
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as "Terms and Conditions") govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with 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") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.kamna-firebull.cz (hereinafter referred to as the "Website"), via the Website interface (hereinafter referred to as the "Web Interface of the Store").
1.2. The Terms and Conditions do not apply to cases where a person intending to purchase goods from the Seller is a legal entity or a person acting within the scope of their business activity or independent profession when ordering goods.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Agreement. Deviating arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement 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 rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. CONCLUSION OF THE PURCHASE AGREEMENT
2.1. All presentation of goods located in the Web Interface of the Store is informative in nature and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. Section 1732(2) of the Civil Code shall not apply.
2.2. The Web Interface of the Store contains information about the goods, including the prices of individual items. Prices are listed including Value Added Tax and all related fees. Prices 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 conclude a Purchase Agreement under individually negotiated conditions.
2.3. The Web Interface of the Store also contains information on costs associated with the packaging and delivery of goods. This information applies only to deliveries within the territory of the Czech Republic.
2.4. To order goods, the Buyer shall fill out the order form in the Web Interface of the Store. The order form contains in particular a field – Message:
2.4.1. where the Buyer specifies the type of goods ordered from the Web Interface,
2.4.2. the method of payment for the purchase price, details of the requested delivery method of the ordered goods, and
2.4.3. information on costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
2.5. Before sending the Order to the Seller, the Buyer is allowed to check and change the data entered into the Order, including the possibility to detect and correct errors made during data entry. The Buyer sends the Order to the Seller by clicking the "Send" button. The data provided in the Order are considered correct by the Seller. Immediately upon receipt of the Order, the Seller shall confirm this receipt to the Buyer via email to the address provided in the order form (hereinafter referred to as the "Buyer's Email Address").
2.6. Depending on the nature of the Order (custom-made goods, additional irreversible modification of goods, quantity of goods, amount of the 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).
2.7. The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the Order, sent by the Seller to the Buyer via email.
2.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote communication means (internet connection costs, telephone call costs) are borne by the Buyer themselves; these costs do not differ from the basic rate.
3. PRICE OF GOODS AND PAYMENT CONDITIONS
3.1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- In cash, at a pre-arranged time at the Seller's address.
- In cash on delivery (COD) at the place designated by the Buyer in the Order; the Buyer pays for the shipment in cash upon receipt from the carrier.
- By bank transfer to the Seller's account No. 1701586002/2700, maintained at UniCredit Bank, and the Euro account for payments in Euros – UniCredit Bank IBAN CZ92 2700 0000 0017 0158 6010 (hereinafter referred to as the "Seller's Account").
3.2. Along with the purchase price, the Buyer is obliged to pay the Seller costs associated with the packaging and delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods. The price is determined according to the nature of the ordered goods (dimensions, quantity, weight). Information on the amount of the fee (shipping) for packaging and delivery will be sent by the Seller along with the delivery date to the Buyer's Email Address.
3.3. The Seller may require a deposit or other similar payment from the Buyer. This does not affect the provisions of Art. 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of bank transfer, the purchase price is payable within 14 days of the conclusion of the Purchase Agreement.
3.5. In the case of bank transfer, the Buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of bank transfer, the Buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller's Account.
3.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the Order (Art. 2.6), to demand payment of the full purchase price before sending the goods to the Buyer. Section 2119(1) of the Civil Code shall not apply.
3.7. Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
3.8. If it is customary in business relations or stipulated by generally binding legal regulations, the Seller shall issue a tax document (invoice) regarding payments made based on the Purchase Agreement. The Seller is a VAT payer. The tax document (invoice) shall be issued by the Seller after the price of the goods has been paid and sent in electronic form to the Buyer's Email Address.
4. WITHDRAWAL FROM THE PURCHASE AGREEMENT
4.1. The Buyer acknowledges that according to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Agreement for the delivery of goods that have been modified according to the wishes of the Buyer or for their person (hereinafter custom-made goods), from a Purchase Agreement for the delivery of perishable goods, or goods that have been irretrievably mixed with other goods after delivery, from a Purchase Agreement for the delivery of goods in sealed packaging which the consumer has removed from the packaging and for hygienic reasons it is not possible to return them, and from a Purchase Agreement for the delivery of an audio or video recording or a computer program if the original packaging has been damaged.
4.2. Unless it is a case specified in Art. 4.1 or another case where withdrawal is not possible, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of receiving the goods, in accordance with Section 1829(1) of the Civil Code. If the subject of the Purchase Agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. Withdrawal may be sent, among other things, to the Seller's business address or the Seller's email address info@kamna-firebull.cz.
4.3. In the event of withdrawal according to Art. 4.2 of the Terms and Conditions, the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of the withdrawal. If the Buyer withdraws, the Buyer bears the costs associated with returning the goods, even if the goods cannot be returned by standard postal route due to their nature.
4.4. In the event of withdrawal according to Art. 4.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the withdrawal in the same manner they were received. The Seller is also entitled to return the performance provided by the Buyer upon the return of the goods or in another way, provided the Buyer agrees and no additional costs are incurred by the Buyer. If the Buyer withdraws, the Seller is not obliged to return the received funds before the Buyer returns the goods.
4.5. The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
4.6. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the Purchase Agreement at any time. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via bank transfer to the account designated by the Buyer.
4.7. If a gift is provided together with the goods, the donation agreement between the Seller and the Buyer is concluded with a resolutive condition that if the Buyer withdraws from the Purchase Agreement, the donation agreement regarding such gift ceases to be effective and the Buyer is obliged to return the provided gift along with the goods to the Seller.
5. TRANSPORTATION AND DELIVERY OF GOODS
5.1. If the method of transport is agreed upon based on a special request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of transport.
5.2. If the Seller is obliged under the Purchase Agreement to deliver the goods to a place designated by the Buyer in the Order, the Buyer is obliged to take over the goods upon delivery.
5.3. If, for reasons on the Buyer's side, it is necessary to deliver the goods repeatedly or in a way other than specified in the Order, the Buyer is obliged to pay the costs associated with repeated delivery or the costs associated with a different delivery method.
5.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging and notify the carrier immediately in case of any defects. If the packaging is found to be damaged in a way indicating unauthorized entry into the shipment, the Buyer does not have to accept the shipment from the carrier.
5.5. Additional rights and obligations of the parties during transportation may be governed by the Seller's special delivery conditions, if issued.
6. RIGHTS FROM DEFECTIVE PERFORMANCE
6.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code).
6.2. The Seller is responsible to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is responsible to the Buyer that at the time the Buyer received the goods:
6.2.1. the goods have the properties agreed upon by the parties, and in the absence of an agreement, the properties described by the Seller or the manufacturer, or those expected by the Buyer given the nature of the goods and based on advertising,
6.2.2. the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used,
6.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to an agreed sample or model,
6.2.4. the goods are in corresponding quantity, measure, or weight.
6.3. The provisions stated in Art. 6.2 of the Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear caused by normal use, to used goods for a defect corresponding to the degree of use or wear the goods had upon receipt by the Buyer, or if it follows from the nature of the goods.
6.4. If a defect manifests itself within six months of receipt, it is considered that the goods were defective upon receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
6.5. Rights from defective performance are exercised by the Buyer at the Seller's business address where receipt of the claim is possible with regard to the range of goods sold, or at the registered office or place of business. The moment a claim is filed is considered the moment the Seller receives the claimed goods from the Buyer.
6.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
7.1. The Buyer acquires ownership of the goods by paying the full purchase price.
7.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
7.3. Out-of-court handling of consumer complaints is ensured by the Seller via the email address info@kamna-firebull.cz. Information on the settlement of the complaint will be sent to the Buyer's Email Address.
7.4. The Seller is entitled to sell goods on the basis of a trade license. Trade inspection is carried out by the relevant trade office within its competence. Supervision over the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspe
7.5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765(2) of the Civil Code.
8. PROTECTION OF PERSONAL DATA
8.1. The protection of personal data of a Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended.
8.2. The Buyer agrees to the processing of their personal data: name and surname, residential address, identification number, tax identification number, email address, and telephone number (hereinafter collectively referred to as "Personal Data").
8.3. The Buyer agrees to the processing of Personal Data by the Seller for the purposes of realizing rights and obligations from the Purchase Agreement and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, they also agree to the processing of Personal Data for the purpose of sending information and commercial messages. Consent to the processing of Personal Data in full according to this article is not a condition that would in itself prevent the conclusion of a Purchase Agreement.
8.4. The Buyer acknowledges that they are obliged to provide their Personal Data (during an order from the Web Interface) correctly and truthfully and to inform the Seller of any changes without undue delay.
8.5. The Seller may entrust a third party, as a processor, with the processing of the Buyer's Personal Data. Except for persons transporting the goods, Personal Data will not be passed on to third parties without the Buyer's prior consent.
8.6. Personal Data will be processed for an indefinite period. Personal Data will be processed in electronic form automatically or in printed form non-automatically.
8.7. The Buyer confirms that the provided Personal Data is accurate and that they have been informed that the provision of Personal Data is voluntary.
8.8. In the event that the Buyer believes the Seller or processor (Art. 8.5) is processing their Personal Data in violation of the protection of the Buyer's private and personal life or in violation of the law, especially if the Personal Data is inaccurate with regard to the purpose of its processing, the Buyer may:
8.8.1. ask the Seller or processor for an explanation,
8.8.2. demand that the Seller or processor remedy the situation. 8.9. If the Buyer requests information about the processing of their Personal Data, the Seller is obliged to provide this information. The Seller has the right to demand a reasonable fee not exceeding the costs necessary to provide the information.
9. OUT-OF-COURT SETTLEMENT OF CONSUMER DISPUTES (ADR)
9.1. In the event that a consumer dispute arises between the Seller and the consumer from a Purchase Agreement or a service agreement that cannot be resolved by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated subject of out-of-court settlement of consumer disputes, which is: Czech Trade Inspection Authority (Česká obchodní inspekce), Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, Email: adr@coi.cz, Web: adr.coi.cz.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The Buyer agrees to receive information related to the goods, services, or business of the Seller at the Buyer's Email Address and further agrees to receive commercial messages from the Seller.
10.2. The Buyer agrees to the storage of cookies on their computer. If a purchase can be made and the Seller's obligations fulfilled without storing cookies on the Buyer's computer, the Buyer may revoke this consent at any time.
11. DELIVERY
11.1. Delivery to the Buyer may be made to the Buyer's Email Address.
12. FINAL PROVISIONS
12.1. If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.
1
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Seller's Contact Details: Radek Líbal - Laityng, Lišická 881, Chlumec nad Cidlinou, 50351, email: info@kamna-firebull.cz, telephone: +420 777 332 322. 12.5. Seller's Billing Details: Radek Líbal - Laityng, Mládežnická 750/IV, Chlumec nad Cidlinou, 50351, Company ID: 68218931, VAT ID: CZ7802283093.
In Chlumec nad Cidlinou on September 1, 2024.