GENERAL TERMS AND CONDITIONS
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I) General Provisions
1. These General Terms and Conditions (hereinafter "General Terms") are issued in accordance with Article 1751 of the 89/2012 Law, the Civil Code (hereinafter "the Civil Code").
Bc. Barbora Kamínková, DiS.
Commercial registration No: 73333409
Address: Na Bečvě 917, Lipník nad Bečvou, 751 31, The Czech republic
Telephone No: +420 724 940 038
(Hereinafter: "the seller")
2. These General Terms govern the mutual rights and obligations of the seller and an individual (a natural person), who enters into a purchase contract outside of his business activity as a consumer or in pursuance of his business activity (hereinafter "the buyer") via online platform situated on the following website: www.ceramics4home.com (hereinafter "e-shop").
3. Provisions of the General Terms are an integral part of the purchase contract. Any derogating provisions in the purchase contract take precedence over the corresponding provisions of the General Terms.
4. These General Terms, as well as the purchase contract, are concluded in English language.
II) Information on Goods and Prices
1. Information concerning goods, including the prices of individual goods and their main characteristics, is displayed alongside each good in the e-shop catalogue. Prices of the products are displayed including the VAT (value added tax), all connected fees and expenses for return of a product, in case the product cannot be, because of its nature, returned by the regular post. Prices remain valid until changed in the e-shop. This provision does not exclude the possibility of sale on individually agreed terms.
2. Entire presentation of goods in the e-shop catalogue is of an informational character only, the seller may choose not to conclude a purchase contract for any of the displayed products.
3. Information on delivery and packaging costs is disclosed in the e-shop. These prices for delivery and packaging are guaranteed only for deliveries within the European Union.
4. Potential discounts from the regular price of a good are not cumulative, unless an agreement between the seller and the buyer decides otherwise.
III) Orders and Purchase Contracts
1. The buyer is responsible for any expenses incurred by use of long-distance communication tools in the process of conclusion of a purchase contract (e.g. internet connection costs or long distance call costs). These expenses are not different from the base rate.
2. The buyer places an order in this manner:
By filling in an order form without registration
3. When filling an order, the buyer selects goods, their quantity, payment method and preferred delivery option.
4. Before confirmation of the order, the buyer is given an opportunity to review and edit his order. The order is confirmed and placed by clicking on the option "Complete order". The information entered in the order is considered to be correct by the seller. For the order to be accepted as valid, all required information as well as a confirmation of consent with the General Terms must be provided by the buyer via the order form.
5. The seller will notify the buyer with confirmation of a reception of an order immediately upon receipt of the order on the buyer's e-mail address (e-mail address indicated by the buyer during the placement of the order). This confirmation is automatic and is not considered as a conclusion of a purchase contract. The purchase contract is concluded only upon acceptance of the order by the seller. A confirmation of the acceptance of the order will be sent to the buyer's e-mail address.
6. In case of the seller's inability to execute some the buyer's requirements as stated in the order, the seller will send a modified order proposal to the buyer's e-mail address. The modified order is considered as the new contract proposal. In this case, the purchase contract is concluded when the buyer confirms the modified order via message addressed to the seller's e-mail address as stated above in the General Terms.
7. All the orders accepted by the seller are firm (non-cancellable). The buyer may cancel the order before he receives a confirmation of acceptance by the seller. The buyer may cancel the order with a phone call or by sending an e-mail, provided he uses the correct seller's contact information as stated above in the General Terms.
8. In case of an apparent technical error on the part of the seller, such as wrong display of prices in the e-shop or during order placement, the seller is not required to sell products at the obviously incorrect price, even if the buyer received an automatic confirmation of the order in accordance with these General Terms. The seller will, without unnecessary delay, inform the buyer about the error and will send a modified order proposal to the buyer's e-mail address. The modified order is considered as the new contract proposal and the purchase contract is concluded upon receipt of a confirmation of acceptance on the part of the buyer addressed to the seller's e-mail address.
IV) Payment Terms and Delivery
1. The amount due - based on the price of the goods as well as the delivery expenses, as stated in the purchase contract - may be paid to the seller by the following means:
Electronically, through a direct transfer to the seller's bank account No IBAN: CZ0820100000002401469976 registered at Fio bank.
2. In addition to the purchase price, the buyer is obliged to pay to the seller for the expenses incurred by packaging and delivery of goods at a price agreed upon in the purchase contract. If not explicitly stated otherwise, hereinafter, delivery expenses are considered as an integral part of the purchase price.
In case of an electronic direct transfer payment method, the purchase price is due within seven days after an invoice for the purchase contract has been issued.
3. In case of an electronic direct transfer, the buyer is obliged to pay the purchase price while identifying the payment with his unique variable symbol. In case of an electronic direct transfer, the buyer's payment obligation is considered fulfilled upon receipt of the correct due amount as a credit on the seller's bank account.
4. The seller may require a deposit or other similar advance payment from the buyer, particularly, if the order includes items with unique combination of characteristics, which is custom commissioned exclusively for the buyer.
5. A deposit may be required by the seller for orders exceeding the value of 160 euro.
6. Additionally, the seller reserves the right to request an advance payment for the whole purchase price prior to the product's dispatch and delivery (Article 2119 (1) of the Civil code will not be applied).
The goods are delivered to the buyer:
To the address indicated on the purchase order
Or via parcel storage facility to the address of the facility selected by the buyer
7. Selection of the delivery method is made during the placement of the order.
8. Delivery costs, based on the selected type of preferred dispatch and pick up options, are indicated in the buyer's order and in the seller's confirmation of the order. In case of unusual delivery method requirements on the part of the buyer, the buyer is responsible for any additional unforeseen expenses connected to the selected mean of delivery.
9. If the purchase contract requires the seller to deliver the product to a place indicated by the buyer in the order, the buyer is obliged to collect the product upon its delivery. In case of the buyer's failure to collect the product resulting in the need of repeated delivery attempt(s) or the need to use a delivery method different from the one indicate in the order, the buyer is responsible to cover all additional cost incurred by the repeated delivery or the use of different delivery method.
10. The buyer is obliged to check the integrity of the good's packaging upon receipt of the good from the carrier and immediately notify the carrier of any apparent damage. In case of damage of the packaging indicative of an authorised intrusion into the delivery, the buyer is not required to accept the delivery from the carrier.
11. The seller will issue an invoice addressed to the buyer. In case of an advance payment through direct transfer to the seller's bank account, the invoice will be sent to the buyer's e-mail address. In case of payment upon delivery through the carrier, the invoice will be enclosed with the goods.
12. The buyer gains the property right over the goods upon payment of the full purchase price, including the delivery cost, although no sooner than after delivery of the goods. Liability for random destruction, damage or loss of the goods is transferred to the buyer upon successful receipt of the goods or, in case of a buyer's failure to collect the goods, in the moment when the buyer was obliged to collect the delivery in accordance with the purchase contract.
V) Withdrawal from a Contract
1. The buyer, who entered into a purchase contract outside of his business activity as a consumer, has the right to withdraw from the purchase contract.
2. The withdrawal period expires 14 days
after the day of successful delivery of the good,
after the day of the last delivery, if the purchase contract covers multiple types of goods or delivery of multiple parts,
after the day of the first delivery, if the purchase contract covers regularly repeated delivery of goods.
3. The buyer may not withdraw from the purchase contract (beside other cases):
if it includes provision of services which have already been completed after explicit approval by the buyer before the expiry of the withdrawal period. This is applicable only if the seller had informed the buyer before the conclusion of the contract, that he would not have the right to withdraw from the contract.
if the contract includes delivery of a good that has been altered in accordance with buyer's wishes or for the buyer specifically.
in all other cases mentioned in Article 1837 of the Civil Code.
4. The buyer is obliged to send a declaration of withdrawal to the seller before the expiry date of the withdrawal period for his withdrawal to be considered applicable.
5. The buyer may utilise a withdrawal template provided by the seller. The buyer will send the form with withdrawal from the purchase contract to the seller's e-mail address or to the physical address stated above in these General Terms. The seller will, without unnecessary delay, confirm the receipt of the withdrawal form.
6. The buyer, who withdrew from the contract, is required to return all related goods to the seller within 14 days after withdrawal from the purchase contract. The buyer is responsible for payment of all expenses connected to the return of the goods, even if non-standard transport (outside of the regular postal services) is required given the nature of the product.
7. Goods to be returned may not be sent to the seller under "cash on delivery" policies. The buyer is required to arrange insurance for the delivery and ensure that the delivery is labelled as "fragile", if the carrier provides such an option. It is recommended to enclose a copy of the delivery form and the invoice, if such documents were provided, or other proof of purchase of the goods; written declaration of withdrawal from the contract (on the withdrawal template provided by the seller or otherwise); and information of preferred method of refund (direct transfer, in cash in person, postal money order, or other). Failure to provide each of the aforementioned documents does not prevent successful withdrawal from contract based on current legal regulations.
8. If the buyer withdraws from the contract, the seller will, without delay, reimburse all received financial means including delivery fees within 14 days after the withdrawal. These financial means will be reimbursed using the same method used for the initial payment by the buyer. The seller will use a different method of money transfer only with prior agreement with the seller, and only if no additional costs are incurred.
9. If the buyer selects delivery method different from the cheapest option offered by the seller to return goods, the seller will reimburse the buyer with delivery cost equivalent to the cheapest delivery option.
10. In case of withdrawal from the purchase contract, the seller is not required to reimburse the buyer until successful return of the goods or until the buyer proves that the goods have been dispatched to the seller.
11. The buyer is responsible for return of the goods to the seller in undamaged, unworn and clean state, and, if possible, in original packaging. The seller has the right to offset compensation for any damage incurred on the goods against the purchase price of the goods before reimbursing the buyer.
12. The seller reserves the right to withdraw from the purchase contract, if he finds that the goods cannot be produced or delivered under the agreed conditions, or if the execution of the order becomes objectively impossible or illegal. The seller will, in these cases, immediately inform the buyer about his withdrawal from the contract by an e-mail message to the e-mail address indicated in the order by the buyer. Furthermore, the seller will fully reimburse the buyer (with full purchase price indicated in the contract including any delivery fees) within 14 days after the withdrawal from the purchase contract. The seller will reimburse the buyer using the same method of money transfer as the one used for initial payment by the buyer, or any other method preferred by the buyer.
VI) Rights from Defective Performance
1. All products sold by the seller are exclusively hand-made and therefore always unique and original. As a result, even items considered to be the same by the catalogue can never be entirely identical. These minor differences between individual items of the same type and model may not serve as the object of customer's complaint.
2. The seller guarantees the lack of defects upon receipt of the goods by the buyer. Particularly, the seller is, upon delivery of the goods, responsible for:
the goods to have all properties agreed upon by both parties. In case of inexistence of such an agreement, the goods must have properties described by the seller or by the buyer; or properties expected by the buyer based on the nature of the goods and the nature of their promotion.
the goods to be functional for the purpose indicated by the seller or the usual purpose of this kind of a good,
the goods to be of the quality and execution corresponding to the given specimen or model, if the desired quality or execution were indicated based on an agreed specimen or a model,
the goods to be of the correct quantity, size and weight, and
the goods to comply with all legal requirements.
3. If the buyer discovers any defect within the first six months after successful delivery, the defect is considered to have preceded the delivery. The buyer is entitled to invoke the right from defect for consumer goods within the first 24 months following their receipt. This provision will not be applied: for goods sold at a lower price, if the price reduction was motivated by pre-existence of the given defect; if the good shows signs of wear from its usual use; in case of used goods, for defects corresponding to the extent of their use and wear which the good had at the moment of receipt; or, based on the nature of the good.
4. In case of defects, the buyer may file a complaint to the seller and demand:
exchange for a new good,
repair of the good,
appropriate discount from the purchase price,
withdrawal from the contract.
5. The buyer has the right to withdraw from the contract:
if the good suffers from a substantial defect,
if he is unable to use the good for its general purpose due to reoccurring defects or occurrence of defects after a repair,
in case of large quantity of defects.
6. The seller is required to accept a complaint in any of its workshops, where the receipt of complaint is possible, in its seat or its place of business. The seller is obliged to provide a written confirmation of receipt to the buyer, indicating the date of the complaint, the contents of the complaint and the buyer's desired method of settlement; further, the seller is obliged to provide a confirmation of the date and the method of settlement of the complaint, together with a confirmation of completion of a repair and its duration, alternatively, a written explanation of rejection of the complaint.
7. The seller or him appointed employee will decide about the complaint immediately, or, in more complicated cases, within three business days. This period will not include time needed for an appropriate professional assessment of the defect(s) based on the nature of the product or service. The complaint and its settlement must be conducted without unnecessary delay, within 30 days following the receipt of the complaint, if the seller does not agree on a longer period with the buyer. Ineffective expiration of this period is considered as a substantial breach of the contract resulting in the buyer's right to withdraw from the contract. The moment of complaint is understood as the moment when expression of the buyer's will (invocation of the right from defect) is delivered to the seller.
8. The seller will inform the buyer of the complaint's result in written form.
9. The buyer cannot invoke the right from defect if he was aware about the defect prior to its receipt, or if he caused the defect himself.
10. In case of rightful complaint, the buyer has the right to be compensated for appropriate expenses incurred by exercise of his right of complaint. The buyer may exercise this right within the first month after the expiration of the warranty period.
11. Warranty period: The warranty period starts the day of successful delivery to the buyer. The warranty period is, for majority of the products, 24 months long. The seller offers extended warranty period for some kinds of goods - where it applies, the information about the extension of the warranty period is provided by the seller on the warranty card or the invoice.
12. Complaint procedure
Complaints are filed as a unilateral legal act, in which the buyer addresses a specific defect and the way, how the defect manifests itself, and states what remedy based on the defective product liability he choses to employ (complaint protocol). The buyer will file the complain in a written form and will send it to the e-mail address of the seller.
Documentation of the defect in the shape of a photograph may expediate the process of complaint. Do never send goods to the address of the seller prior to filing of a written complaint. The seller will immediately contact the buyer to arrange the most convenient format of the complaint procedure.
In case of complaint, the buyer is required to provide the following documents: the complaint protocol, a copy of confirmation of a purchase - the invoice (do not send the original) and the product with all its parts. If the seller is unable to finalise the complaint process within 30 days after the receipt of the complaint, the buyer will be afforded the same rights as if the defect was unremovable.
13. In case of demonstrably unremovable defects, which prohibit the use of the good entirely, the buyer has the right to exchange the good for a good of the same or similar quality and kind.
14. Rights and obligations of the two parties derived from defective performance are governed by the Articles 1914 - 1925, Articles 2099 - 2117, and Articles 2161 - 2174 of the Civil Code and Law No 634/1992 on consumer protection.
15. Unjustified complaint, the loss of the entitlement to file a complaint:
Entitlement to file a complaint is lost if the good was used in conditions, which do not correspond to those identified in the documentation (the documentation is understood as the information on the original packaging of the good) attached to the good, or if the use of the good was careless, excessive or unprofessional, or in case of force majeure.
16. Contact information in case of complaint
To have your complaint processed, use this contact information:
Bc. Barbora Kamínková, DiS.
1. The contractual parties can maintain all written communication via electronic mail (e-mail).
2. The buyer delivers correspondence to the seller to the e-mail address indicated in these General Terms. The seller delivers correspondence to the buyer to the e-mail address indicated in his customer account or in the order.
VIII) Extra-judicial settlement of disputes
1. Extra-judicial settlement of consumer disputes based on a purchase contract is arranged through The Czech Trade Inspection Authority (CTIA), with the seat at Štěpánská 567/15, 120 00 Praha 2, Identification No: 000 20 869, internet address: https://www.coi.cz/en/information-about-adr/. Additionally, an internet platform for dispute settlement at https://ec.europa.eu/consumers/odr may be used for settlement of disputes between the seller and the buyer based on the purchase contract.
2. European Consumer Centre Czech Republic (ECC) with the seat at Štěpánská 567/15, 120 00 Praha 2, internet address: https://evropskyspotrebitel.cz/en/ serves as a contact point in accordance with the Regulation of the European Parliament and the Council No 524/2013 of 21 May on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/ES (Regulation on consumer ODR).
3. The seller is entitled to sell goods based on a business licence. Business inspection is conducted by the respective municipal authority for trade licencing. The Czech Trade Inspection Authority (CTIA) exercises, on a limited scope, a supervision of compliance with Law No 634/1992 on consumer protection.
IX) Final provisions
1. All agreements between the seller and the buyer are governed by the Law of the Czech Republic. If the relationship based on the purchase contract constitutes an international element, the parties agree, that the relationship is to be governed by the law of the Czech Republic. The application of the Law of the Czech Republic does not curtail consumer rights stipulated in general law.
2. The seller is not bound by any code of conduct in the sense of Article 1826 (1), e) of the Civil Code in relation to the buyer.
3. The seller reserves all rights regarding the seller's web pages, particularly copyright for all content, including page layout, photographs, films, graphics, trademarks, its logo or other content and elements. It is prohibited to copy, edit or use in any other way the seller's web pages or their parts without the seller's consent.
4. The seller is not responsible for errors in the e-shop caused by interference by third parties, or errors resulting from use of the e-shop for other than the indicated purpose. While using the e-shop, the buyer must abstain from using any methods, which might have negative effects on the operation of the e-shop; furthermore, the buyers must not engage in any activity, which might enable himself or third parties to unlawfully interfere in or unlawfully use software or other parts of the e-shop; and use the e-shop or its parts (e.g. its software) for other than its indicated purpose.
5. The buyer thus assumes the risk of a change in circumstances in the sense of Article 1765 (2) of the Civil Code.
6. An electronic version of the purchase contract together with the General Terms is archived by the seller and is inaccessible.
7. The seller may edit or extend the contents of the General Terms. This provision does not affect any rights or obligations established when the previous version of the General Terms was in effect.
8. A template form for withdrawal from the contract is included as an attachment to the General Terms.
These General Terms came into effect on 1st February 2020