I. Basic Provisions
- These General Terms and Conditions (“ Terms and Conditions “) are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (“ Civil Code “)
(name and surname / name)
Sell Toys Ltd.
Registered office: Opavská 78, 747 06 Nové Sedlice
Registered at the Regional Court in Ostrava, Section C64176
Phone: +420 704 892 386
Business premises / Personal collection: Hračkomania, Shopping center Nové Butovice, Radlická 520/117, 158 00 Prague 5
Magic Wood shop, Quadrio Shopping Station – shopping and social center, Spálená 2121/22, 110 00 Nové Město
(“ Seller “)
- These Terms and Conditions govern the mutual rights and obligations of the Seller and the individual who concludes the Purchase Agreement outside its business as a consumer or as part of its business (“ Buyer “) via the Web the interface located on the website available at the Internet address… .. (the “ Web Store ”)
- The provisions of the Terms and Conditions form an integral part of the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of these Terms and Conditions.
- These terms and conditions and the purchase agreement are concluded in Czech.
II. Goods and Pricing Information
- Information about the goods, including the prices of the individual goods and its main features are given for the individual goods in the online store catalog. The prices of the goods shall be inclusive of value added tax, all related charges and the cost of returning the goods, if such goods cannot by their nature be returned by normal postal service. Prices of goods remain valid for as long as they are displayed in the online store. This provision shall not preclude the conclusion of a sales contract under individually negotiated terms.
- All presentations of goods placed in the catalog of the online store are of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods.
- The online store publishes information on the costs associated with packaging and delivery.
- Possible discounts with the purchase price of the goods cannot be combined with each other, unless the seller and the buyer agree otherwise.
III. Order and Purchase Agreement
- The costs incurred by the Buyer when using means of distance communication in connection with the conclusion of the Purchase Agreement (costs of internet connection, costs of telephone calls), shall be borne by the Buyer himself. These costs do not differ from the standard rate.
- The buyer orders goods in the following ways:
- through their customer account if they have previously registered in an online store
- by filling out the order form without registering.
- When placing an order, the buyer selects the goods, the number of items, the method of payment and delivery.
- Before sending an order, the buyer is allowed to review and change the information he has entered into the order. The buyer sends the order to the seller by clicking the Submit Order button. The data listed in the order they are deemed correct by the seller. The validity of the order is subject to the completion of all required information in the order form and confirmation by the buyer that he / she has read these terms and conditions.
- Immediately after receiving the order, the seller will send the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation is automatic and is not considered a contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded after the receipt of the order by the seller. The order receipt is delivered to the buyer’s email address. / Immediately after receiving the order, the seller will send to the buyer a confirmation of receipt of the order to the email address that the buyer entered when ordering. This confirmation shall be deemed to be the conclusion of the contract. Attached to the confirmation are the current business conditions of the seller. The purchase contract is concluded by the seller confirming the order to the buyer’s email address.
- In the event that any of the requirements specified in the order cannot be met by the Seller, he will send the Buyer a modified offer to the Buyer’s email address. The amended offer is considered a new draft purchase agreement and the purchase agreement is in such a case concluded by the buyer confirming the acceptance of the offer to the seller to his email address specified in these terms and conditions.
- All orders received by the Seller are binding. The buyer may cancel the order until the buyer receives a notification of receipt of the order by the seller. The buyer can cancel the order by telephone at the telephone number +420 704 892 386 or email firstname.lastname@example.org stated in these terms and conditions.
- In the event of a manifest technical error on the part of the Seller when placing the price of the goods in the online store or during ordering, the Seller shall not be obliged to deliver the goods to the Buyer for this obviously erroneous price. to receive an order under these terms and conditions. The Seller shall inform the Buyer of the error without undue delay and send the Buyer a modified offer to the Buyer’s email address. The amended offer is considered a new draft purchase contract and the purchase contract is in this case concluded by a confirmation of receipt by the buyer to the seller’s email address.
IV. Customer Account
- Based on the online store registration of the buyer, the buyer can access his customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
- When registering in the customer account and ordering goods, the buyer is obliged to provide correct and true information. The Buyer is obliged to update the data entered in the user account upon any change. The information provided by the Buyer in the Customer Account and when ordering the goods is considered correct by the Seller.
- Customer account access is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The Seller is not responsible for any misuse of the Customer Account by third parties.
- The Buyer is not authorized to allow third parties to use the Customer Account.
- The Seller may terminate the User Account, especially if the Buyer no longer uses the User Account, or if the Buyer breaches its obligations under the Purchase Agreement and these Terms and Conditions.
- The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller or the Seller. necessary maintenance of third party hardware and software.
V. Payment Terms & Delivery
- The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase agreement in the following ways:
- Wire Transfer to Seller’s Bank Account No. 2100896456/2010, CZK IBAN CZ3020100000002100896456, SWIFT: FIOBCZPPXXX
- Together 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 below, the purchase price includes the costs associated with the delivery of the goods.
- In the case of cash payment, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 3 days of the conclusion of the purchase contract.
- In the case of payment via a payment gateway, the Buyer shall follow the instructions given by the electronic payment provider.
- In the case of a cashless payment, the buyer’s obligation to pay the purchase price is met when the amount is credited to the seller’s bank account.
- The Seller does not require any advance or similar payment from the Buyer. Paying the purchase price before shipping is not a deposit.
- Pursuant to the Act on Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received revenue with the tax administrator online and in case of technical failure within 48 hours at the latest
- Goods are delivered to the buyer:
- to the address specified by the buyer of the order
- via a parcel dispatcher to the dispatcher address specified by the buyer
The way of delivery is selected when ordering goods
- The cost of delivery of the goods depending on the method of sending and receiving the goods are stated in the buyer’s order and in the order confirmation by the seller. Where the mode of transport is negotiated on the basis of a specific request from the buyer, the buyer bears the risk and any additional costs associated with that mode of transport.
- 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 over the goods on delivery. In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than specified in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with any other delivery method.
- When receiving 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 violation of the packaging that indicates unauthorized intrusion into the shipment, the buyer need not accept the shipment from the carrier.
- The tax document is enclosed with the supplied goods.
- The buyer acquires title to the goods by paying the full purchase price for the goods, including delivery costs, but at first taking delivery of the goods. Responsibility for accidental destruction, damage or loss of goods shall pass to the Buyer at the moment of receipt of the goods or at the moment when the Buyer was obliged to take over the goods, but did not do so in violation of the Purchase Agreement.
- A buyer who has concluded a purchase contract outside his business as a consumer has the right to withdraw from the purchase contract.
- The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the contract involves several types of goods or delivery of several parts
- from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.
- The Buyer may not withdraw from the Purchase Agreement:
- the provision of services if they were performed with his prior express consent before the withdrawal period has expired and the seller has informed the buyer that he is not entitled to withdraw from the contract prior to the conclusion of the contract,
- on the supply of goods or services the price of which depends on fluctuations in the financial market independently of the seller’s will and which may occur during the withdrawal period,
- on the supply of alcoholic beverages, which may only be delivered after thirty days and whose price depends on fluctuations in the financial market, independent of the seller’s will,
- on the delivery of goods that have been customized to or for the Buyer,
- the delivery of perishable goods as well as goods that have been irreversibly mixed with other goods after delivery
- delivery of sealed goods which the buyer has removed from the package and cannot be returned for hygiene reasons
- the delivery of an audio or video recording or computer program if it has broken their original packaging,
- delivery of newspapers, periodicals or magazines,
- delivery of digital content, unless delivered on a tangible medium and delivered with the Buyer’s prior express consent prior to the expiration of the withdrawal period, and prior to the conclusion of the contract, the seller has informed the buyer that he is not entitled to withdraw >
- in other cases referred to in Section 1837 of the Civil Code.
- To comply with the withdrawal period, the buyer must submit a withdrawal statement within the withdrawal period.
- For withdrawal from the purchase contract, the buyer may use the standard withdrawal form provided by the seller. Withdrawal from the Purchase Agreement shall be sent by the Buyer to the Seller’s email or delivery address specified in these Terms and Conditions. The Seller shall promptly acknowledge receipt of the form to the Buyer.
- The Buyer who has withdrawn from the Contract is obliged to return the goods to the Seller within 14 days from the withdrawal from the Contract to the Seller. The Buyer shall bear the cost of returning the goods to the Seller, even if the goods cannot be returned by their normal postal nature.
- If the Buyer withdraws from the Contract, the Seller shall return to the Buyer without delay, and in any event within 14 days of withdrawal, all the funds, including delivery costs, received by him in the same manner. The Seller shall refund the funds received to the Buyer in another way only if the Buyer agrees and does not incur additional costs.
- If the Buyer has chosen a method other than the cheapest method of delivery offered by the Seller, the Seller shall refund to the Buyer the cost of delivery corresponding to the cheapest method of delivery offered.
- If the Buyer withdraws from the Purchase Agreement, the Seller shall not be obliged to return the funds received to the Buyer before the Buyer hands over the goods to the Buyer or proves that they have sent the goods to the Seller.
- The goods must be returned to the Seller undamaged, unused and unpolluted and if possible in the original packaging. The Seller is entitled to unilaterally set off the claim for compensation of damage incurred to the Goods against the Buyer’s claim for refund of the purchase price.
- The Seller is entitled to withdraw from the Purchase Agreement due to the sellout of the inventory, the unavailability of the goods, or when the manufacturer, importer or supplier of the goods has stopped the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the Order and shall return all funds, including delivery costs, received by him under the Contract in the same manner or in the manner specified by the Buyer within 14 days of the notice of withdrawal. / li>
VII. Defective Performance Rights
- 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:
- the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or the manufacturer or expected by the buyer due to the nature of the goods and the advertising they carry,
- the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
- the goods correspond to the agreed specimen or template in terms of quality or workmanship, if the quality or workmanship was determined on the basis of the agreed specimen or model,
- is the appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
- If the defect becomes apparent within six months of receipt of the goods by the buyer, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which the lower price has been agreed, to wear of the goods caused by its normal use, to second-hand goods with a defect corresponding to the level of use or wear because of the nature of the goods.
- In the event of a defect, the Buyer may submit a claim to the Seller requesting:
- exchange for new items,
- repair goods
- reasonable discount on the purchase price,
- withdraw from the contract.
- The buyer has the right to withdraw from the contract,
- if the goods have a material defect,
- if the item cannot be properly used for the repeated occurrence of a defect or defects after repair,
- with multiple defects in goods.
- The seller is obliged to accept the complaint at any establishment where acceptance of the complaint is possible, possibly also at the registered office or place of business. The Seller is obliged to provide the Buyer with a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what method the complaint is requested by the Buyer, as well as confirmation of the date and method of handling the complaint, rejection of a claim.
- The seller or an employee authorized by the seller decides the claim immediately, in complex cases within three working days. This period does not include a reasonable time depending on the type of product or service required for expert assessment of the defect. Complaints, including the removal of defects, must be handled promptly, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The expiry of this period in vain is considered a substantial breach of the contract and the buyer has the right to withdraw from the contract. The moment when the claim of the buyer (the exercise of the right from defective performance) occurs to the seller is considered the moment of the claim.
- The Seller shall inform the Buyer in writing of the result of the claim.
- The Buyer is not entitled to defective performance if the Buyer knew before the takeover of the item that the item was defective or if the Buyer himself caused the defect.
- In the case of a justified claim, the buyer has the right to reimbursement of reasonably incurred costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the warranty period has expired.
- The buyer has a choice of complaint method.
- The rights and obligations of the Contracting Parties in respect of rights arising from defective performance shall be governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.
- Other rights and obligations of the parties relating to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure.
- The Parties may transmit all written correspondence to each other by electronic mail.
- The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The seller delivers correspondence to the buyer at the email address specified in his customer account or order.
IX. Out-of-court dispute resolution
- The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the sales contract.
- European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Online Consumer Dispute Resolution Regulation).
- The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection.
X. Final Provisions
- All arrangements between the seller and the buyer with the laws of the Czech Republic. If the relationship established by the purchase agreement contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the consumer’s rights under generally binding legislation
- In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
- All rights to the Seller’s website, especially copyright to the content, including page layout, photos, movies, graphics, trademarks, logos, and other content and elements, belong to the Seller. It is forbidden to copy, modify or otherwise use the Website or any part thereof without Seller’s consent.
- The Seller shall not be liable for errors resulting from interference by third parties in the online store or due to its use contrary to its purpose. When using the online store, the buyer must not use procedures that could adversely affect its operation and must not engage in any activity that could allow him or third parties to tamper with or misuse the software or other components of the online store and use the online store, or parts or software in such a manner as to conflict with its purpose or purpose.
- The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
- The Seller may amend or amend the wording of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the term of the previous version of the Terms and Conditions.
- A specimen withdrawal form is attached to the Terms and Conditions.
These Terms and Conditions come into effect on 25 May 2019