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    Terms and conditions

    Company: Radek Líbal - Laityng, Registered office: Lišická 881, Chlumec nad Cidlinou 50351, Company ID: 68218931, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, Section C, File 32681, Tax ID: CZ7802283093, VAT payer (hereinafter referred to as the "seller").

    Terms and conditions for the sale of goods through the online store located at www.kamna-firebull.cz.

    1. Introductory Provisions

    1.1. These Terms and Conditions (hereinafter referred to as the “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 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 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 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. These Terms and Conditions do not apply to cases where the person intending to purchase goods from the seller is a legal entity or a person acting when ordering goods within the scope of their business activities or within the scope of their independent professional practice.

    1.3. Provisions deviating from these Terms and Conditions may be agreed in the Purchase Contract. Such deviating arrangements in the Purchase Contract shall take precedence over the provisions of these Terms and Conditions.

    1.4. These Terms and Conditions form an integral part of the Purchase Contract.

    1.5. The seller may amend or supplement the wording of these Terms and Conditions. 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 Contract

    2.1. All product presentations displayed in the web interface of the store are for informational purposes only, and the seller is not obliged to conclude a purchase contract for these goods. Section 1732(2) of the Civil Code shall not apply.

    2.2. The web interface of the store contains information about goods, including the prices of individual products. Prices of goods are stated including value added tax and all related fees. Prices remain valid for 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 contract under individually agreed terms.

    2.3. The online shop interface also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods stated in the online shop interface applies to deliveries within the territory of the Czech Republic and other countries to which the seller regularly delivers.

    2.4. To order goods, the buyer fills in an order form in the web interface of the store. The order form includes in particular the field “Message”.

    2.4.1. where the buyer specifies the type of goods ordered from the web interface of the store,

    2.4.2. the method of payment of the purchase price, details of the requested method of delivery of the ordered goods, and

    2.4.3. information about costs associated with delivery of the goods (hereinafter collectively referred to as the “order”).

    2.5. Before submitting the order to the seller, the buyer is allowed to check and modify the data entered into the order, including the possibility of detecting and correcting errors made when entering data. The order is submitted by the buyer to the seller by clicking the “Send” button. The data stated in the order are considered correct by the seller. The seller shall promptly confirm receipt of the order to the buyer by email sent to the buyer’s email address provided in the order form or order (hereinafter referred to as the “buyer’s email address”).

    2.6. The seller is always entitled, depending on the nature of the order (custom-made goods, additional non-returnable modifications, quantity of goods, price, estimated shipping costs), to request additional confirmation of the order from the buyer (e.g., in writing or by telephone).

    2.7. The contractual relationship between the seller and the buyer is established upon delivery of acceptance of the order by the seller to the buyer via email to the buyer’s email address.

    2.8. The buyer agrees to the use of remote communication means when concluding the purchase contract. Costs incurred by the buyer when using remote communication means in connection with the conclusion of the purchase contract (internet connection costs, telephone call costs) shall be borne by the buyer, and these costs do not differ from the basic rate.

    3. Price of Goods and Payment Terms

    3.1. The price of the goods and any costs associated with delivery under the purchase contract may be paid by the buyer to the seller in the following ways:

    • by non-cash bank transfer to the seller’s account (hereinafter referred to as the “seller’s account”)

    3.2. Together 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 delivery costs. The price is determined according to the nature of the ordered goods (storage requirements, quantity, weight). Information about the amount of the delivery and packaging costs will be sent by the seller together with the delivery date to the buyer’s email address.

    3.3. The seller may require the buyer to pay a deposit or similar advance payment. This is without prejudice to Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price in advance.

    3.4. In the case of cash payment or cash 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 14 days from the conclusion of the purchase contract.

    3.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price together with stating the variable symbol of the payment. In the case of non-cash payment, 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 if the buyer fails to provide additional confirmation of the order (Art. 2.6), to require payment of the full purchase price before the goods are dispatched 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 customary in business practice or required by generally binding legal regulations, the seller shall issue a tax document – invoice to the buyer for payments made under the purchase contract. The seller is a VAT payer. The tax document – invoice will be issued after payment of the price of the goods and sent in electronic form to the buyer’s email address.

    4. Withdrawal from the Purchase Contract

    4.1. The buyer acknowledges that pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that have been modified according to the buyer’s wishes or for their person (hereinafter “custom-made goods”), from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after delivery, from a purchase contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of audio or video recordings or computer software if the original packaging has been broken.

    4.2. If it is not a case referred to in Article 4.1 or another case where withdrawal from the purchase contract is not possible, the buyer has, in accordance with Section 1829(1) of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days from the receipt of the goods. If the subject of the purchase contract is multiple types of goods or delivery of several parts, the withdrawal period runs from the date of receipt of the last delivery of goods. The withdrawal must be sent to the seller within the period stated in the previous sentence. The buyer may send the withdrawal from the purchase contract, among other ways, to the seller’s business address or to the seller’s email address info@kamna-firebull.cz.

    4.3. In the event of withdrawal from the purchase contract under Article 4.2 of these terms and conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days from the withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned by regular postal means due to their nature.

    4.4. In the event of withdrawal from the contract under Article 4.2 of these terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days from the withdrawal from the purchase contract, using the same method as the seller received them. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods or by another method, if the buyer agrees and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds before the buyer returns the goods.

    4.5. The claim for compensation of damage incurred on the goods may be unilaterally set off by the seller against the buyer’s claim for a refund of the purchase price.

    4.6. Until the goods are accepted by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to an account specified by the buyer.

    4.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a resolutive condition that if the buyer withdraws from the purchase contract, the gift agreement regarding such gift becomes ineffective and the buyer is obliged to return the provided gift together with the goods to the seller.

    5. Transport 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 contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to accept the goods upon delivery.

    5.3. If, due to reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a different manner than stated in the order, the buyer is obliged to cover the costs associated with repeated delivery of the goods or the costs associated with an alternative delivery method.

    5.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, immediately notify the carrier. If damage to the packaging is found indicating unauthorized access to the shipment, the buyer may refuse to accept the shipment from the carrier.

    5.5. Further rights and obligations of the parties regarding the transport of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.

    6. Rights Arising from Defective Performance

    6.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code).

    6.2. The seller is liable to the buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer received the goods:

    6.2.1. the goods have the properties agreed by the parties; if no agreement is made, they have such properties as described by the seller or manufacturer, or which the buyer expected with regard to the nature of the goods and based on advertising conducted by them,

    6.2.2. the goods are suitable for the purpose stated by the seller for their use or for the purpose for which goods of this kind are usually used,

    6.2.3. the goods correspond in quality or design to the agreed sample or model, if quality or design was determined according to a sample or model,

    6.2.4. the goods are in the appropriate quantity, measure, or weight.

    6.3. The provisions of Article 6.2 of these terms and conditions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the level of use or wear and tear the goods had at the time of receipt by the buyer, or if it results from the nature of the goods.

    6.4. If a defect appears within six months of receipt, it is presumed that the goods were already defective upon receipt. The buyer is entitled to exercise rights from defects that occur in consumer goods within twenty-four months of receipt.

    6.5. Rights arising from defective performance shall be exercised by the buyer at the seller’s address of business premises where acceptance of complaints is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of lodging a complaint is considered to be the moment the seller receives the claimed goods from the buyer.

    6.6. Further 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 upon payment of the full purchase price.

    7.2. The seller is not bound towards the buyer by any codes of conduct 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. The seller shall send information about the resolution of the buyer’s complaint to the buyer’s email address.

    7.4. The seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within its scope by the relevant trade licensing authority. Supervision in the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, within a defined scope, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

    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. Personal Data Protection

    8.1. The protection of personal data of the buyer, who is a natural person, is governed by Act No. 101/2000 Coll., on Personal Data Protection, as amended.

    8.2. The buyer agrees to the processing of the following personal data: first 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 fulfilling rights and obligations under the purchase contract and for the purpose of maintaining a user account. Unless the buyer chooses otherwise, the buyer also agrees to the processing of personal data by the seller for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in the full scope of this article is not a condition that would in itself prevent the conclusion of the purchase contract.

    8.4. The buyer acknowledges that they are obliged to provide their personal data (when placing an order via the web interface of the store) correctly and truthfully, and that they are obliged to inform the seller without undue delay of any changes to their personal data.

    8.5. The seller may entrust the processing of the buyer’s personal data to a third party as a processor. Except for persons transporting the goods, personal data will not be disclosed to third parties by the seller 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 in an automated manner or in printed form in a non-automated manner.

    8.7. The buyer confirms that the personal data provided are accurate and that they have been informed that providing personal data is voluntary.

    8.8. If the buyer believes that the seller or the processor (Article 8.5) is processing their personal data in a manner that is contrary to the protection of the buyer’s private and personal life or contrary to law, especially if the personal data are inaccurate with regard to the purpose of processing, the buyer may:

    8.8.1. request an explanation from the seller or processor,

    8.8.2. request that the seller or processor remedy the situation.

    8.9. If the buyer requests information regarding the processing of their personal data, the seller is obliged to provide this information. The seller is entitled to require reasonable compensation not exceeding the necessary costs incurred in providing the information.

    9. Out-of-court Consumer Dispute Resolution (ADR)

    9.1. In the event that a consumer dispute arises between the seller and the consumer from a purchase contract or a contract for the provision of services which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court settlement of such a dispute to the designated out-of-court consumer dispute resolution body, which is the Czech Trade Inspection Authority, Central Inspectorate – ADR Department, Štěpánská 15, 120 00 Prague 2, email: adr@coi.cz, website: adr.coi.cz.

    10.Sending Commercial Communications and Cookies Storage

    10.1. The buyer agrees to the sending of information related to the goods, services, or business of the seller to the buyer’s email address, and also agrees to the sending of commercial communications by the seller to the buyer’s email address.

    10.2. The buyer agrees to the storage of so-called cookies on their computer. If it is possible to make a purchase on the website and fulfil the seller’s obligations under the purchase contract without storing cookies on the buyer’s computer, the buyer may withdraw this consent at any time.

    11. Delivery

    11.1. Delivery may be made to the buyer’s email address.

    12. Final Provisions

    12.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.

    12.2. If any provision of these terms and conditions is invalid, ineffective, or becomes so, it shall 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 remaining provisions.

    12.3. The purchase contract, including these 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, phone: +420 777 332 322.

    12.5. Seller’s billing details: Radek Líbal - Laityng, Mládežnická 750/IV, Chlumec nad Cidlinou, 50351, ID No.: 68218931, VAT No.: CZ7802283093.

    In Chlumec nad Cidlinou on 01.09.2024.