Business conditions of the Červík-Pája Internet shop

(The translation of the terms and conditions is only indicative and if any inaccuracy or minor deviation is caused by the translation, there is no claim. Business conditions written in the Czech language are important and decisive. The inaccuracy and possible deviation was not caused intentionally, only by translating the conditions through the compiler. We then apologize for this. In any case, we are at your disposal for answers to questions or ambiguities in our contacts.)

 

TERMS AND CONDITIONS

Terms and Conditions

Online store

Červík-Pája

Pavel Cermak

with registered office at Pod Větrákem 926, 27101 Nové Strašecí

identification number: 61074195

entered in the Trade Register kept at the Municipal Office in Rakovník under file no. / 421/2015/3, dated 19.5.1995,

for the sale of goods through an online store located at an internet address

www.cervik-paja.eu and www.cervik-paja.cz

1. INTRODUCTORY PROVISIONS

1.1. These business conditions (hereinafter referred to as "business conditions") of the Internet shop "Červík-Pája" - Pavel Čermák (www.cervik-paja.cz and www.cervik-paja.eu), with its registered office at Pod Větrákem 926, 27101 Nové Strašecí, identification number: 61074195, entered in the Trade Register kept at the Municipal Office in Rakovník or a legal entity (hereinafter referred to as the "buyer") through the seller's online store. The internet shop is operated by the seller at the internet address www.cervik-paja.cz, www.cervik-paja.eu, via a web interface (hereinafter referred to as the "web interface of the shop").

1.2. The Business Terms and Conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.cervik-paja.cz and www.cervik-paja.eu (hereinafter referred to as the "Website") and other related legal relationships.

1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract 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 contract and business conditions are drawn up in the Czech language. The purchase contract 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 the rights and obligations arising during the period of validity of the previous version of the terms and conditions.

2. USER ACCOUNT

2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.

2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.

2.3. Access to the user account is secured by username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not responsible for breach of this obligation by the buyer.

2.4. The buyer is not entitled to allow the use of the user account by third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates its obligations under the purchase agreement (including the terms and conditions).

2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or. necessary maintenance of third party hardware and software.

3. CONCLUSION OF THE PURCHASE AGREEMENT

3.1. The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including value added tax and all related fees. The offer for the sale of goods and the prices of these goods 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 enter into a purchase agreement under individually agreed conditions. All offers for the sale of goods placed in the web interface of the store are non-binding and the seller is not obliged to enter into a purchase agreement regarding these goods.

3.2. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.

3.3. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:

- the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),

- the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods, and

- information on the costs associated with the delivery of goods (hereinafter collectively referred to as "order").

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").

3.5. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).

3.6. The contractual relationship between the seller and the buyer arises from the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer's e-mail address.

3.7. The buyer acknowledges that the seller is not obliged to enter into a purchase agreement, especially with persons who have previously materially breached the purchase agreement (including business conditions).

3.8. The buyer agrees to the use of means of communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance 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.

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:

· In cash at the seller's premises at the address: Pod Větrákem 926, 271 01 Nové Strašecí, only after approval by the seller; "According to the Sales Registration Act, we are obliged to issue a receipt to the buyer. At the same time, we are required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. ";

· In cash on delivery at the place specified by the buyer in the order;

· Cashless transfer to the seller's account No. 4259988319/0800, kept with Česká spořitelna (hereinafter referred to as the "seller's account"); in CZK;

· Cashless transfer to the seller's account No. 2061159233/0800, kept with Česká spořitelna (hereinafter referred to as the "seller's account"); EUR currency;

· Cashless transfer to the seller's account No. 2061160293/0800, kept with Česká spořitelna (hereinafter referred to as the "seller's account"); USD;

· Payment by credit card via PayPal, The service is provided by PayPal (Europe) S.à r.l.et Cie, S.C.A. (R.C.S. Luxembourg B 118 349) ("PayPal").

4.2. Along with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of goods. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.

4.3. 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 payable within 7 days of concluding the purchase contract.

4.4. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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.

4.5. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.5), to demand payment of the full purchase price before sending the goods to the buyer.

4.6. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.

4.7. If this is customary in business relations or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.

5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

5.1. The Buyer acknowledges that pursuant to the provisions of Section 53, Paragraph 8 of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter the “Civil Code”), it is not possible to withdraw from the purchase contract for the supply of goods regulated under the buyer's wishes, as well as perishable, worn or obsolete goods, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has broken their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.

5.2. If it is not a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 53 paragraph 7 of the Civil Code, within fourteen (14) days since receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's office or to the seller's e-mail address eshop@cervik-paja.cz.

5.3. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within 7 working days of sending the withdrawal from the contract to the seller. This provision does not affect the right to compensation for any damage caused by the breach of duty. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.

5.4. Within ten (10) days from the return of the goods by the buyer according to Article 5.3 of the Terms and Conditions, the seller is entitled to review the returned goods, especially to determine whether the returned goods are damaged, worn or partially consumed.

5.5. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the purchase price (excluding costs incurred for delivery of goods) to the Buyer no later than ten (10) days buyer. The seller is also entitled to return the purchase price in cash when returning the goods to the buyer.

5.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to compensation from the Buyer for the damage caused thereby. The seller is entitled to unilaterally set off the right to compensation for the damage against the buyer's right to a refund of the purchase price.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. The method of delivery of goods is determined by the seller, unless otherwise stipulated in the purchase contract. If the mode of transport is contracted at the request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. 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 take over the goods upon delivery. If the buyer does not repeatedly take over the goods upon delivery, the seller is entitled to withdraw from the purchase contract.

6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.

6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods met all the conditions and requirements and any subsequent complaints regarding the violation of the packaging of the consignment cannot be taken into account.

6.5. Other rights and obligations of the parties in the transport of goods may be governed by the terms of delivery of the seller.

7. DEFECT LIABILITY AND WARRANTY

7.1. The rights and obligations of the contracting parties regarding the seller's liability for defects, including the seller's warranty liability, are governed by the relevant generally binding regulations (especially the provisions of § 612 et seq. Of the Civil Code).

7.2. The seller is responsible to the buyer for the fact that the sold thing is in accordance with the purchase contract, especially that it is without defects. Compliance with the purchase contract means that the sold thing has the quality and useful properties required by the contract, described by the seller, manufacturer or his representative, or expected on the basis of advertising, or the quality and useful properties usual for a thing of the kind that meets the requirements of law , is in the appropriate quantity, measure or weight and corresponds to the purpose stated by the seller for the use of the item or for which the item is usually used.

7.3. In the event that the item is not in accordance with the purchase contract upon acceptance by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to have the seller free of charge and without undue delay to the condition corresponding to the purchase contract, as required the buyer either by exchanging the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the breach of the purchase contract before taking over the thing or caused the breach of the purchase contract himself. A discrepancy with the purchase contract, which manifests itself within six (6) months from the date of taking over the thing, is considered a conflict already existing at the time of taking over, unless it contradicts the nature of the thing or unless proven otherwise.

7.4. If the items are not perishable or used, the seller is liable for defects that appear to be in conflict with the purchase contract after taking over the item during the warranty period (warranty).

7.5. The buyer's rights arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller's address Pod Větrákem 926, 27101 Nové Strašecí.

8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

8.1. "According to the Sales Registration Act, we are obliged to issue a receipt to the buyer. At the same time, we are required to register the received revenue with the tax administrator online; in the event of a technical failure, within 48 hours at the latest. "- EET.

8.2. The buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.3. The buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components that make up the web interface of the store.

8.4. The buyer is not entitled to use mechanisms, software or other procedures when using the web interface of the store, which could have a negative impact on the operation of the web interface of the store. The web interface of the store can be used only to the extent that is not to the detriment of the rights of other customers of the seller and which is in accordance with its purpose.

8.5. The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 53a paragraph 1 of the Civil Code.

8.6. The buyer acknowledges that the seller is not responsible for errors caused by third party interventions in the website or as a result of using the website contrary to their purpose.

9. personal data protection + GDPR

Information about personal data processing - E-shop v. 04-2019

Who processes your data?

Pavel Čermák-Červík, Pod Větrákem 926, 271 01 Nové Strašecí, Company Identification Number: 610 74 195, Tax Identification Number: CZ7409041178.

The person responsible for the proper processing and protection of your data is the person responsible for Pavel Čermák.

Therefore, only the responsible person, sales department, accounting and marketing department will work with your personal data.

What data do we process, store and why?

We process your:

Identification data, especially name, surname, company, responsible person, representative, ID number, VAT number.
Contact details, mainly address, e-mail, telephone numbers, or profiles on social networks, branches.
Marketing information - data on customers' shopping behavior, gender and age, geographical data.
In the event that a complaint or legal dispute is pending, we keep the documents necessary to claim the right.
The data is primarily used to fulfill legal obligations arising from the contractual relationship under the Civil or Commercial Code, protection of personal data and related laws.

We notify the processing of marketing information by an entry notification of cookies on the main page of the website.

Your data is provided only to tax authorities (taxes) and state control authorities.

Your data is processed transparently, correctly and in accordance with the law. You have the right to access your data, to explain, as well as other rights if you think the processing is not right. You can also file a complaint with the Office for Personal Data Protection or in court.

How do we store your data?

We use encrypted data transmission (SSL certificate) for internet communication.

Your data is stored in the company PC, in a database that is secured with a login name and password. Only the person responsible for processing personal data has authorized access to the data - Pavel Čermák, accounting, sales and marketing department.

Your data is kept for the period stipulated by law, namely accounting records and documents for a period of 5 years, tax documents decisive for determining value added tax for 10 years, payslips for a period of 30 years from the next year since the last record, duplicates of records 3 years (starting the following year).

After this period, the data are deleted and the written documents are shredded.

We only use legal software for your data, which is regularly updated, to ensure system stability and to ensure that non-functional or missing parts are repaired. We have antivirus programs installed on our devices and we use a firewall. Data is accessed through user accounts and is password protected. Our data is backed up.

In the event that you request the sending, correction or deletion of your personal data, you will be asked to verify your identity, namely:

By sending a request from an email that is registered with us and confirmation by a code that will send your phone number provided by you when entering input data.
The application, which will be sent to our correspondence address (Pavel Čermák-Červík, Pod Větrákem 926, 271 01 Nové Strašecí), will contain the officially verified signature of your person. Include "Do not open personal data" on the envelope to ensure that only an authorized person opens the envelope.
In person, by prior arrangement, where you will be asked to prove your identity with an identity card or passport.
By phone at +420 777 909 980, in this case you will be asked for additional information that will help us verify whether it is your person. In this case, call from the telephone number in our database.
These steps are necessary to verify your identity, in order to protect your data, which is required by law. Without this information, we cannot provide you with any information or accept your request.

Paper data protection. The data, which is in paper form and contains your personal data, is placed in a lockable room, where it is stored in a locker with a lockable door. Only the employee responsible for personal data processing and the human resources department has access to them.

What are your rights?

You have the right to know what specific data we store about you.

You have the right to correct data, delete (unless otherwise required by law).

If you have given your consent to the processing of some information, you have the right to revoke this consent (revocation of the consent must be made in writing, by telephone or email according to the above rules).

Security breaches - rules for data leakage.

We do our best to protect your data and make every effort to ensure your security. As data can be leaked today, despite all the measures, we have set the rules for this case. Violations can be made by hackers breaking into our database, breaking into our premises and other illegal practices.

In the event that a breach of security and data leakage has been identified, we will notify the Office for Personal Data Protection within 72 hours of the discovery.
We will immediately inform those whose data has been leaked.
We document data leakage.
We also record breaches of personal data security, where there is usually no data leakage, but data security will be reduced, for example due to:
Technical failure of the e-shop or website.
DDoS attack, when pages are unavailable but no leakage has occurred.
Data corruption due to bad hard drive.
Access to data of an employee who is not entitled to data from his position.
And more…
We are aware that writing this is unpopular and can cause some doubts, but believe me, those who do not write this and do not count on this alternative do not protect the data as they should.

In case of questions or ambiguities, you can contact us at:

Tel. +420 777 909 980 Pavel Cermak
E-mail: registration@cervik-paja.cz
In person - by phone Agreement at the address: Pavel Čermák, Pod Větrákem 926, 271 01 Nové Strašcí
10. DELIVERY

10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other party in writing, by e-mail, in person or by registered mail through the postal service provider (at the option of the sender). It is delivered to the buyer to the e-mail address specified in his user account

10.2. The message is delivered:

§ in the case of delivery by e-mail at the time of its receipt on the incoming mail server; the integrity of messages sent by e-mail can be ensured by a certificate,

§ in the case of delivery in person or through a postal service provider by taking over the consignment by the addressee,

§ in the case of delivery in person or through a postal service provider, also by refusing to accept the item, if the addressee (or the person authorized to accept the item on his behalf) refuses to accept the item,

§ in the case of delivery via the postal service provider after the expiry of ten (10) days from the deposit of the item and giving the addressee an invitation to accept the deposited item, if the item is deposited with the postal service provider, even if the addressee did not learn about the deposit .

11. FINAL PROVISIONS

11.1. If the relationship related to the use of the website or the legal relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.

11.2. The seller is entitled to sell goods on the basis of a trade license and the seller's activities are not subject to any other permit. The trade license inspection is performed by the relevant trade licensing office within its competence.

11.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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. Changes and additions to the purchase agreement or business conditions require a written form.

11.4. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.

11.5. Seller's contact details: delivery address Pavel Čermák - Červík, Pod Větrákem 926, 27101 Nové Strašecí, e-mail address obchod@cervik-paja.cz, phone 777909980.

In Nové Strašecí on 16.5.2022

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