Terms and Conditions

TERMS AND CONDITIONS

Sochyzkovu.cz

Lhotková Barbora

Boleslavská 88, 277 15 Chrást

Identification number: 03226760

registered in the Trade Register

for the sale of goods via the online shop located at the Internet address https://www.sochyzkovu.cz

INTRODUCTORY PROVISIONS
1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Sochyzkovu.cz, a company with registered office at Boleslavská 88, identification number: 03226760, registered in the Trade Register (hereinafter referred to as "Seller") regulate, in accordance with the provisions of Section 1751(1) of Act No. 89/2012 Coll, Civil Code, as amended (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 shop. The online shop is operated by the Seller on the website located at https://www.sochyzkovu.cz/ (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 Provisions deviating from the Terms and Conditions may be agreed in the Purchase Agreement. Deviating provisions in the Purchase Contract take precedence over the provisions of the Terms and Conditions.

1.3 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 may be concluded in the Czech language.

1.4 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.

USER ACCOUNT
2.1 Based on the registration of the Buyer made on the Website, the Buyer can access his user interface. From his/her user interface, the Buyer may order goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer may also order goods without registration directly from the web interface of the Shop.

2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.

2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.

2.4 The Buyer is not entitled to allow third parties to use the user account.

2.5 The Seller may cancel the user account, in particular if the Buyer does not use his/her user account for more than 12 months or if the Buyer breaches his/her obligations under the Purchase Agreement (including the Terms and Conditions).

2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods on the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a purchase contract in respect of these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by normal postal means by their nature. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.

3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the Order to the Seller, the Buyer shall be allowed to check and change the data entered by the Buyer in the Order, including 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 "Create Order" button. The data provided in the order is considered correct by the Seller. The Seller will confirm receipt of the order to the Buyer immediately upon receipt of the order (hereinafter referred to as the "Buyer's electronic address").

3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (e.g. in writing or by telephone).

3.7 The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which is sent by the Seller to the Buyer by e-mail to the Buyer's e-mail address.

3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of 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 shall not differ from the basic rate.

PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:

in cash at the Seller's premises at Boleslavská 88, 277 15 Chrást;

by wire transfer to the Seller's account No. 670100-2212506248/6210, held at mBank S.A., or

5035561003/0800 česká spořitelna (hereinafter referred to as 'the Seller's account');

by cashless payment card,
- by wire transfer to the Seller's account through a payment gateway,
- cash on delivery upon delivery of the goods,
- in cash or by credit card upon personal collection at the premises,
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 The Seller shall have the right to require a deposit from the Buyer prior to the conclusion of the contract, which shall be paid by the Buyer to the Seller's account prior to the conclusion of the contract. The deposit shall be set off by the Seller against the final purchase price. In the event that the purchase contract is not concluded and fulfilled through no fault of the buyer, the deposit shall be forfeited to the seller.
This is without prejudice to Article 4.6 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 due within 5 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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 shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), 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.

4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.

4.8 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is not a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.

WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, the Buyer cannot withdraw from, among other things, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a 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 contract for the supply of an audio or visual recording or a computer program if the original packaging has been damaged.

5.2 Unless the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, in accordance with the provisions of Section 1829(1) of the Civil Code, whereby if the subject of the purchase contract is several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase contract must be sent to the Seller within the period specified in the previous sentence. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address sochyzkovu@seznam.cz.

5.3 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The Goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase Contract to the Seller. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned due to their nature by normal postal means.

5.4 In the event of withdrawal from the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the Purchase Contract in the same manner as the Seller received them from the Buyer. The Seller shall also be entitled to return the performance provided by the Buyer already upon return of the goods by the Buyer or in another manner, provided that 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 to the buyer before the buyer returns the goods to him or proves that he has sent the goods to the seller.

5.5 The Seller shall be entitled to unilaterally set off the claim for payment for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

5.6 In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Buyer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, in cash to the account designated by the Buyer.

5.7 If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the purchase contract, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift together with the goods to the Seller.

TRANSPORT AND DELIVERY OF THE GOODS
6.1 In the event that a method of transport is agreed upon at the Buyer's specific request, the Buyer shall bear the risk and any additional costs associated with such method of transport.

6.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on 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 a different manner than specified in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

6.4 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. This is without prejudice to the buyer's rights under liability for defects in the goods and other rights of the buyer under generally binding legal regulations.

6.5 Further rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.

RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties regarding rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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, as amended).

7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,

7.2.4. the goods are in the appropriate quantity, measure or weight; and

7.2.5. the goods comply with the requirements of the legislation.

7.3 Liability rights in respect of defects in the goods shall be asserted against the seller. However, if the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) specifies another person designated to carry out the repair, who is in the Seller's location or in a location closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to carry out the repair.

7.4 The Buyer may specifically exercise his rights under the liability for defects in the goods by telephone at +420 720 074 033 or by e-mail at sochyzkovu@gmail.cz.

7.5 The Buyer shall notify the Seller of the right he has chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the consent of the Seller; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.

7.6 Whoever has a right pursuant to § 1923 of the Civil Code is also entitled to compensation for costs reasonably incurred in exercising this right. However, if the seller does not exercise the right to compensation within one month after the expiry of the period within which the defect must be pointed out, the court shall not grant the right if the seller argues that the right to compensation was not exercised in time.

7.7 Other rights and obligations of the parties relating to the seller's liability for defects may be regulated by the seller's complaints procedure.

OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods by paying the full purchase price of the Goods.

8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 Consumer complaints are handled by the Seller via the electronic address sochyzkovu@seznam.cz. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.

8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

PROTECTION OF PERSONAL DATA
9.1 The Seller shall fulfil its information obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as the "GDPR") relating to the processing of the Buyer's personal data for the purposes of the performance of the Purchase Contract, for the purposes of the negotiations of the Purchase Contract and for the purposes of the performance of the Seller's public law obligations by means of a separate document.

SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer agrees to the sending of commercial communications by the Seller to the Buyer's e-mail address or telephone number in accordance with the provisions of Section 7(2) of Act No. 480/2004 Coll., on Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended.

10.2 The Buyer agrees to the storage of cookies on his/her computer. If the purchase on the website can be made and the Seller's obligations under the purchase agreement can be fulfilled without storing cookies on the Buyer's computer, the Buyer may withdraw the consent under the previous sentence at any time.

SUBMISSION
11.1 The Buyer may be served at the Buyer's electronic address.

FINAL PROVISIONS
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship shall be governed by Czech law. By choosing the law according to the preceding sentence, the buyer, who is a consumer, is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law according to the provisions of Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).

12.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall 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.

12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

Sample form for withdrawal from the contract downloadable Withdrawal-from-contract

In Chrast on 6 January 2020