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TERMS AND CONDITIONS

Terms and Conditions

Companies

Červik-Paja

Pavel Cermak

with registered office at Pod Větrákem 926, 27101 Nové Strašecí

identification number: 61074195

registered in the trade register kept at the Municipal Office in Rakovník under no. žú/421/2015/3, dated 19.5.1995,

for custom manufacturing and direct sales

1.        INTRODUCTORY PROVISIONS

1.1. These terms and conditions (hereinafter referred to as "terms and conditions") of the company "Červík-Pája" - Pavel Čermák, with registered office at Pod Větrákem 926, 27101 Nové Strašecí, identification number: 61074195, registered in the trade register kept at the Ministry of the Interior in Rakovník section (hereinafter referred to as " the seller") govern the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the "purchase agreement") concluded between the seller and another natural or legal person (hereinafter referred to as the "buyer") via the seller's online store. The online store is operated by the seller at the internet address www.cervik-paja.cz, www.cervik-paja.eu, through a web interface (hereinafter referred to as the "web interface of the store").

1.2. The 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 terms and conditions can be negotiated in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.

1.4. The terms and conditions are an integral part of the purchase contract. 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 effective period of the previous version of the terms and conditions.

2.       user account

2.1. Based on the buyer's registration done on the website, the buyer can access its user interface. From his 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 enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of 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 a username and password. The buyer is required to maintain the confidentiality of the information necessary to access his user account and acknowledges that the seller is not responsible for the buyer's breach of this obligation.

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

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

2.6. The buyer acknowledges that the user account may not be available 24/7, especially due to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of third parties.

3.       conclusion of the purchase contract

3.1. The web interface of the store contains a list of goods offered for sale by the seller, 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 to sell the goods and the prices of those goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions. All offers for the sale of goods placed on the web interface of the store are non-binding and the seller is not obliged to enter into a purchase contract regarding these goods.

3.2. The store's web interface also includes information about the costs associated with packaging and delivery of goods. The information on the costs associated with the packaging and delivery of the 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 out the order form in the web interface of the store. The order form mainly contains information about:

-                         the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping basket of the store's web interface),

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

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

3.4. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered in the order, also taking into account the possibility of the buyer to find out and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking 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 phone).

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

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

3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are covered by the buyer himself.

4.       the price of the goods and the Terms of Payment

4.1. The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to 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 Records Act, we are required to issue a receipt to the buyer. At the same time, we are required to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.";

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

· by non-cash transfer to the seller's account No. 4259988319/0800, maintained at the company Česká spořitelna (hereinafter referred to as the "seller's account");

· Payment by credit card - we are preparing.

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. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.

4.3. In the case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days from the conclusion of 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 indication of 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 entire 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 it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is a VAT payer. Tax document - the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

5.       withdrawal from the purchase contract

5.1. The buyer acknowledges that according to the provisions of § 53 paragraph 8 of Act No. 40/1964 Coll., Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, among other things, to withdraw from the purchase contract for the supply of goods modified according to the wishes of the buyer, as well as goods that are subject to rapid deterioration, wear or obsolescence, from the purchase contract for the supply of audio and video recordings and computer programs, if the consumer has violated their original packaging, and from the purchase contract for the supply of newspapers, periodicals and magazines.

5.2. If it is not a case mentioned 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 within fourteen (14) days in accordance with the provisions of § 53, paragraph 7 of the Civil Code from receipt of goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of taking over the goods, to the address of the seller's place of business or to the seller's e-mail address eshop@cervik-paja.cz.

5.3. In case of withdrawal from the contract according 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 breach of duty. The goods must be returned to the seller undamaged and unworn and, if possible, in the original packaging.

5.4. Within a period of ten (10) days from the return of the goods by the buyer in accordance with Article 5.3 of the terms and conditions, the seller is entitled to carry out an examination of the returned goods, in particular for the purpose of determining whether the returned goods are not damaged, worn or partially consumed.

5.5. In the event of withdrawal from the contract according to Article 5.2 of the terms and conditions, the seller will return the purchase price (excluding the costs incurred for the delivery of the goods) to the buyer no later than ten (10) days from the end of the period for reviewing the goods according to Article 5.4 of the terms and conditions, by cashless transfer to the designated account by the buyer. The seller is also entitled to refund the purchase price in cash already 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 has a claim against the buyer for compensation for the resulting damage. The seller is entitled to unilaterally set off the claim for payment of the incurred damage against the buyer's claim for the return of the purchase price.

6.       transportation and delivery of goods

6.1. The method of delivery of the goods is determined by the seller, unless otherwise stipulated in the purchase contract. In the event that a mode of transport is contracted based on the buyer's request, the buyer bears the risk and any additional costs associated with that mode of transport.

6.2. If, according to the purchase contract, the seller is obliged 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 repeatedly does not 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 a different way than was specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or costs associated with another delivery method.

6.4. When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. By signing the delivery note, the buyer confirms that the shipment of goods met all conditions and requirements and that any later claim regarding damage to the package of the shipment cannot be taken into account.

6.5. Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's terms of delivery.

7.       liability for defects, 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 (in particular the provisions of Section 612 et seq. of the Civil Code).

7.2. The seller is responsible to the buyer for the fact that the thing sold is in accordance with the purchase contract, in particular that it is free of defects. Conformity with the purchase contract means that the thing sold has the quality and useful properties required by the contract, described by the seller, the manufacturer or his representative, or expected on the basis of their advertising, or the quality and useful properties usual for a thing of this kind, that it meets the requirements of legal regulations , it is of an adequate quantity, measure or weight and corresponds to the purpose for which the seller states the use of the thing or for which the thing is usually used.

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

7.4. If it is not a perishable item or a used item, the seller is responsible for defects that manifest themselves as a violation of the purchase contract after taking over the item within the warranty period (warranty).

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

8.       other rights and obligations of the contracting parties

8.1. "According to the Sales Records Act, we are required to issue a receipt to the buyer. 

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 making up the store's web interface (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 store's web interface.

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

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

8.6. The buyer acknowledges that the seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to its intended purpose.

9.       personal data protection +GDPR

Information on the processing of personal data - Červík - Pája v. 11-2022

Who processes your data?

Pavel Čermák-Červík, Pod Větrákem 926, 271 01 Nové Strašecí, Company ID: 610 74 195, VAT number: CZ7409041178.

The person responsible for the proper processing and protection of your data is 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 information, mainly address, e-mail, telephone numbers, possibly profiles on social networks, branches.
Marketing information – data on customer purchasing behavior, gender and age, geographic data.
In the event that there is a complaint procedure or a court case, we keep the documents of the procedure necessary to obtain the right.
The data is primarily used to fulfill legal obligations arising from a contractual relationship according to the Civil or Commercial Code, personal data protection and related laws.

We warn you about the processing of marketing information with an input warning about cookies on the main page of the website.

Your data is provided only to the Financial (tax) authorities and control authorities of state power.

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

How do we store your data?

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

Your data is stored on a 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, business and marketing department.

Your data is kept for the period specified by law, namely accounting records and documents for a period of 5 years, tax documents decisive for the determination of value added tax for 10 years, salary slips for a period of 30 years from the following year from the last entry, copies of registration slips for 3 years (starting the following year).

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

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

In the event that you request to send, correct or delete your personal data, you will be asked to verify your identity, namely:

By sending a request from the email that is registered with us and a confirmation code that will be sent to your phone number provided by you when entering the input data.
The request, which will be sent to our correspondence address (Pavel Čermák-Červík, Pod Větrákem 926, 271 01 Nové Strašecí), will contain an officially verified signature of your person. Write "Personal data-do not open" on the envelope, thereby guaranteeing that only an authorized person will open the envelope.
In person, by prior arrangement, where you will be asked to prove your identity with an ID card or passport.
By phone at phone number +420 777 909 980, in this case you will be asked for additional data that will help us verify whether it is your person. In this case, call from the phone number listed in our database.

These steps are necessary to verify your identity, due to the protection of your data, which is imposed on us by law. Without providing this information, we cannot provide you with any information or accept your request.

Protection of paper data. The data, which is in paper form and contains your personal information, is located in a lockable room where it is kept in a cabinet with a lockable door. Only the employee responsible for processing personal data and the human resources department have access to them.

What are your rights?

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

You have the right to data correction, erasure (unless the law requires otherwise).

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

Security Breach - Data Breach Rules.

We do our best to protect your data and all efforts are made to ensure your safety. Since today, despite all precautions, data leakage can happen, we have established rules for this case. A breach can occur through hackers breaking into our database, breaking into our premises and other illegal practices.

If we discover that a security breach and data breach has occurred, we will notify the Data Protection Authority within 72 hours of discovery.
We will immediately notify those whose data has been leaked.
We document the data breach.
We also record breaches of personal data security, when there is usually no data leakage, but data security is reduced due to, for example:
Technical outage of the e-shop or website.
A DDoS attack where the site is down but no leak has occurred.
Data corruption due to a bad hard drive.
Access to the data of an employee who is not entitled to the data from his position.
And more…
We are aware that writing this is unpopular and may raise some doubts, but believe me, those who do not write this and do not consider this alternative are not protecting data as they should.

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

Tel. +420 777 909 980 Pavel Cermák
E-mail: registration@cervik-paja.cz
In person - by phone. Agreement at the address: Pavel Čermák, Pod Větrákem 926, 271014 Nové Strašecí
10.    Delivery

10.1. Unless otherwise agreed, all correspondence related to the purchase contract must be delivered to the other contracting party in writing, by e-mail, in person or by registered mail via a postal service operator (at the sender's choice). The buyer is delivered to the e-mail address specified in his user account.

10.2. The message is delivered:

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

§    in the case of delivery in person or through a postal service operator with the recipient taking over the parcel,

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

§    in the case of delivery through a postal service operator after the expiration of a period of ten (10) days from the date of depositing the shipment and giving the addressee a call to take over the deposited shipment, if the shipment is deposited with the postal service operator, 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 contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect consumer rights arising from generally binding legal regulations.

11.2. The seller is authorized to sell goods on the basis of a trade license and the seller's activity is not subject to any other authorization. The trade inspection is carried out by the relevant trade office within its jurisdiction.

11.3. If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require written form.

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

11.5. Contact details of the seller: delivery address Pavel Čermák – Červík, Pod větrákem 926, 27101 Nové Strašecí, e-mail address obchod@cervik-paja.cz, telephone 777909980.

In Nové Strašec on 20/11/2022