TERMS AND CONDITIONS OF THE COMPANY Cerva Bohemia s.r.o.
- INTRODUCTORY PROVISIONS
- These Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Cerva Bohemia s.r.o., Company ID Np.: 047 87 528, with registered office at Aviatická 1092/8, Ruzyně, 161 00 Prague 6, registered with the Municipal Court in Prague in Section C, Insert 298787 (hereinafter also referred to as “Seller”) regulate in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll, Civil Code, as amended and in force (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the contracting parties arising in connection with a purchase contract (hereinafter referred to as the “Purchase Contract”) between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller on the website located at the internet addresses https://www.kvetna1794.cz, https://www.kvetna1794.com and https://www.cervabohemia.com (all together hereinafter referred to as the “Website”), through the interface of the Website (hereinafter referred to as the “web interface of the shop”). The Seller sells glassware under the Cerva Bohemia and KVĚTNÁ 1794 brands.
- The Terms and Conditions do not apply to cases when a person intending to buy goods from the Seller is a legal person or person who acts in the framework of their business activity when ordering goods or in the framework of an independent pursuit of their profession. The General Terms and Conditions for entrepreneurs shall apply to relations with such purchasers of goods.
- Arrangements differing from the Terms and Conditions may be agreed in the purchase contract and take precedence over the provisions of the Terms and Conditions.
- The provisions of the Terms and Conditions and the quality parameters guaranteed by the seller, which are also available on the website, are an integral part of the purchase contract. The Buyer understands and acknowledges that the Seller delivers the goods in the quality and with the characteristics according to the guaranteed quality parameters. The Contract of Sale and the Terms and Conditions are drawn up in Czech and English. The Contract of Sale can only be concluded in Czech, Slovak or English depending on the Buyer’s choice.
- The Buyer is obligated to become acquainted with the Terms and Conditions of the Seller and the quality parameters guaranteed by the Seller. By placing the order, the Buyer accepts these Terms and Conditions including the quality parameters guaranteed by the Seller and agrees with their content.
- CONCLUSION OF THE CONTRACT OF SALE
- All presentation of the goods placed in the web interface of the shop is of an informative nature and the Seller is not obliged to conclude a contract of sale regarding these goods. The provision of Section 1732(2) of the Civil Code shall not apply. An order completed by the Buyer is a proposal for the conclusion of a purchase contract.
- The web interface of the shop contains information about the goods, including a description of their main characteristics and quality parameters guaranteed by the Seller, including the prices of individual goods. The purchase price of the goods is inclusive of value added tax and all other taxes and charges. However, the purchase price of the goods does not include the costs associated with the delivery of the goods (postage, shipping, packaging). The purchase price of the goods remains valid for as long as it is displayed in the same amount in the web interface of the shop. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
- The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods.
- To order goods, the Buyer fills in the order form in the web interface of the shop. The order form contains particularly information about:
- the goods to be ordered (the goods to be ordered and the number to be ordered are “inserted” by the buyer into the electronic shopping cart of the web interface of the shop),
- the method of payment of the purchase price of the goods,
- the desired method of delivery of the ordered goods; and
- the costs associated with the delivery of the goods
(hereinafter collectively referred to as the “Order”).
Correct completion of the Buyer’s contact details is a condition for the conclusion of the Purchase Agreement. In particular, if the e-mail address is entered incorrectly, the Seller will not confirm the acceptance of the order.
- Prior to the completion and confirmation of the order, the Buyer is allowed to check and change the data he has entered in the order, including the possibility for the Buyer to detect and correct errors arising from the data entered in the order. The Buyer confirms the order and sends it to the Seller by clicking on the relevant order button. The information provided in the order is considered correct, complete, and final by the Seller. By properly completing, checking the consent to the terms and conditions, and submitting the order, the Buyer confirms, among other things, his agreement to these terms and conditions and grants the consents referred to therein. The Seller shall promptly confirm receipt of the order to the Buyer by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”). If the ordered goods are not in stock with the Seller or if it is not possible to meet the stated delivery date, the Seller will inform the Buyer of this fact via the Buyer’s electronic address within three working days. The Seller shall not be liable for incorrectly filled in data in the order by the Buyer and the related consequences.
- 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 confirmation of the order (for example, in writing, by phone or SMS).
- The Purchase Agreement is concluded between the Seller and the Buyer by delivery of the acceptance of the Order (acceptance), which is sent to the Buyer by the Seller by e-mail to the e-mail address of the Buyer.
- The Buyer agrees to the use of remote means of communication when concluding the Purchase Agreement. Costs incurred to the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (costs of Internet connection, telephone call costs) are borne by the Buyer him-/herself.
- PRICE OF GOODS AND TERMS OF PAYMENTS
- According to the Purchase Agreement, the price of the goods and potential costs associated with the delivery of goods may be paid by the Buyer to the Seller in the following manner:
- in cash at any of the Seller’s business premises listed on the website of the Seller;
- in cash on delivery in the place specified by the Buyer in the Order;
- via a cashless wire transfer to the Seller’s bank account:
- IBAN: CZ4901000001234134620297 (in CZK only)
- IBAN: CZ3601000001234134720247 (for EUR only)
- via a cashless payment card.
- Together with the purchase price, the Buyer is also obligated to pay the Seller the costs associated with the delivery of the goods at the agreed rate. Unless otherwise specified, the purchase price is understood as also the costs associated with the delivery of the goods.
- The Seller does not ask the Buyer for a deposit or other similar payments. This is without prejudice to the provisions of Article 3.6 of the Terms and Conditions on the obligation to pay the purchase price of the goods in advance, nor to the case when the Buyer has chosen a cashless wire transfer to the Seller’s bank account or via a payment card as the payment method for the payment of the purchase price.
- In the case of cash payment or cash on delivery, the purchase price is due upon the receipt of the goods. In the case of cashless payment, the purchase price is due within five working days of the conclusion of the Purchase Agreement.
- In the case of cashless payment, the Buyer is obligated to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller’s bank account.
- The Seller is entitled to request the payment of the full purchase price before the goods are dispatched to the Buyer. The provision of Section 2119 (1) of the Civil Code shall not apply. Similarly, if the Buyer has opted for a payment method for the payment of the purchase price using cashless wire transfer to the Seller’s bank account or via a payment card, the goods shall be dispatched only after the purchase price has been credited to the Seller’s bank account.
- Any discounts on the price of the goods provided by the Seller to the Buyer cannot be combined.
- The Seller is a value-added taxpayer. The tax document – invoice, shall be issued by the Seller to the Buyer after the payment of the purchase price of the goods and shall be sent in electronic form to the e-mail address of the Buyer.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase Agreement for the supply of goods, which had been adjusted according to the Buyer’s wish or for his/her person.
- If the situation mentioned in Article 4.1. or another situation when it is not possible to withdraw from the Purchase Agreement is not the case, the Buyer, in accordance with the provision of Section 1829 (1) of the Civil Code has the right to withdraw from the Purchase Agreement within fourteen (14) days of receipt of the goods, in which case the subject matter of the Purchase Agreement consists of several types of goods and the delivery of several parts, this period runs from the date of the receipt of the last delivery of goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the period specified in the previous sentence. For the purpose of exercising the right to withdraw from the purchase contract, the buyer is obliged to inform Cerva Bohemia s.r.o. of his withdrawal from the purchase contract in the form of a unilateral legal action either by letter sent via the postal services operator to Aviatická 1092/8, Ruzyně, 161 00 Prague 6, Czech Republic, or by e-mail to firstname.lastname@example.org. The Buyer may use the enclosed sample withdrawal form, which forms Annex 1 to these Terms and Conditions, but is not obliged to do so. The Buyer is always obliged to provide the order number.
- In the event of withdrawal from the Purchase Contract pursuant to Article 4.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. In such a case, the Buyer is obliged to return everything he has received from the Seller in the course of the implementation of the purchase contract, especially the goods in perfect condition, to the Seller at the address of his business premises Cerva Bohemia s.r.o., nám. Em. Zahna 329, Květná, 687 66 Strání, without undue delay, but no later than within fourteen (14) days from the moment of withdrawal from the purchase contract, with the proviso that the deadline is deemed to be maintained if the buyer sends the goods back to the seller before the expiry of 14 days. If the Buyer withdraws from the Purchase Contract, the Buyer shall bear all costs associated with the return of the goods to the Seller, even if the goods cannot be returned by the usual postal means due to their nature. The Buyer is obliged to pack the goods properly for the purpose of return so that they are not damaged during transport back to the Seller.
- The provision for the possibility to withdraw from the Purchase Agreement under Article 5.2. of the Terms and Conditions, however, cannot be understood as the possibility of free-of-charge lending of goods. In the event of the use of this right to withdraw from the Purchase Agreement, the Buyer must issue to the Seller everything he/she has acquired under the Purchase Agreement. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the Buyer must provide a cash refund in return for what cannot be issued. If the returned goods are only partially damaged, the Seller may claim damages to the Buyer. Furthermore, the If the returned goods are only partially damaged, e.g. in the case of one set of goods containing several pieces as standard, the seller may claim the right to compensation from the buyer. The Buyer acknowledges that due to the nature of the goods (fragile glassware), even partial damage, e.g. to one piece of one set of goods containing multiple pieces, generally constitutes damage in an amount equal to the purchase price of the entire item – the set that was the subject of the purchase contract. Buyer is liable for the reduction in the value of the goods, which arose from the handling of such goods other than necessary with respect to the nature and characteristics of the goods in order to become familiar with the nature and properties of the goods, including their functionality.
- In the event of withdrawal from the contract by the Buyer pursuant to Article 4.2. of the Terms and Conditions, the Seller shall refund all payments received from the Buyer, including delivery costs, except for additional costs incurred as a result of the Buyer’s chosen method of delivery other than the cheapest standard delivery method offered by the Seller, within fourteen (14) days of the return of the goods by the Buyer or upon proof that the Buyer has returned the goods, whichever is earlier. Seller shall use the same means of payment used by Buyer to make the initial transaction (payment of the purchase price) for the refund, unless Buyer specifically specifies otherwise. If the Buyer provides his/her bank account in the notice of withdrawal, the Seller shall refund the funds to the bank account specified by the Buyer in the notice of withdrawal.
- The Seller is entitled to unilaterally set off against the Buyer’s claim for reimbursement of the purchase price a claim for payment of compensation for damage to the goods or any other claim against the Buyer, unless set-off is excluded by law.
- Until the time of acceptance of the goods by the buyer, the seller is entitled to withdraw from the purchase contract at any time for serious operational reasons (e.g. sudden lack of capacity of the ordered goods, etc.). In this case, the Seller shall inform the Buyer by email and refund the purchase price without undue delay, without cash to the account designated by the Buyer.
- 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 pursuant to Article 4.2 of the Terms and Conditions, the gift contract with respect to such gift shall cease to be effective and the Buyer shall be obliged to return the gift in its original condition together with the goods to the Seller.
- TRANSPORT AND DELIVERY OF GOODS
- If the mode of transport is agreed upon by a Buyer’s special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
- If the Seller is obligated to deliver the goods to a place specified by the Buyer in the Order, according to the Purchase Agreement, the Buyer is obligated to take over the goods upon delivery.
- If for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in a different way than formerly specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of goods, or the costs associated with a different method of delivery.
- Upon the takeover of the goods from the carrier, the Buyer is obligated 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 unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier.
- DEFECTIVE PERFORMANCE RIGHTS
- The rights and obligations of the Contracting Parties regarding the rights to defective performance are governed by the relevant generally binding legal regulations, in particular the Civil Code and the Act No. 634/1992 Coll., On Consumer Protection (hereinafter referred to as the Act on Consumer Protection).
- Other rights and obligations of the Contracting Parties related to the Seller’s liability for defects are governed by the Seller’s Complaints Procedure, which is an integral part of these Terms and Conditions and is also published on the web interface of the shop.
- OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
- The Buyer acquires ownership of the goods at the moment of receipt of the goods.
- The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of provisions of Section 1826 (1) (e) of the Civil Code.
- Amicable settlement of complaints of consumers is provided by the Seller through the e-mail address of the Seller: email@example.com. Information on the execution of complaints shall be sent by the Seller to the Buyer to the e-mail address of the Buyer.
- The Seller is entitled to sell the goods on the basis of a trade license. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, within the defined range, inter alia, the supervision of the observance of Act No. 634/1992 Coll., On Consumer Protection, as amended.
- PERSONAL DATA PROTECTION
- The Seller may send written communications to the Buyer in connection with the Purchase Contract to the Buyer’s electronic address and/or to the notified postal address.
- FINAL PROVISIONS
- Relationships not governed by the Terms and Conditions are governed by the Civil Code and the Act On Consumer Protection.
- If a relationship based on a purchase agreement contains an international (foreign) element, then the Contracting Parties agree that the relationship is governed by Czech law. If the Buyer is a consumer, and the provisions of the law of their habitual residence, from which they cannot derogate by law, provide them with a higher level of protection than the Czech legal order, this higher level of protection is provided to them in legal relations.
- If any provision of the Terms and Conditions is invalid or ineffective, or becomes such, a provision shall be introduced instead of the invalid provisions, the meaning of which shall be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
- The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible to public. The Seller will send the Buyer the contents of the basic provisions of the Purchase Agreement by email together with the acceptance/confirmation of the order.
- Seller’s contact details:
- Adress for delivery: Cerva Bohemia s.r.o., Aviatická 1092/8, Ruzyně, 161 00 Praha 6, Česká republika
- E-mail: firstname.lastname@example.org
- Every consumer has the right to alternative dispute resolution of consumer disputes (hereinafter referred to as consumer dispute) from a purchase agreement or a service agreement – ADR (alternative dispute resolution). In the event that a consumer dispute arises between the Seller and the Buyer-Consumer and cannot be resolved by mutual agreement, the Buyer-Consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is:
Česká obchodní inspekce/ Czech Trade Inspection Authority
Ústřední inspektorát – oddělení ADR / Central Inspectorate – ADR Department
120 00 Prague 2
Consumers can also use the online dispute resolution platform set up by the European Commission at http://ec.europa.eu/consumers/odr/.
- These Terms and Conditions shall take effect on the day following their publication on the Seller’s website and shall apply, in the relevant version, to all orders placed from the day following their publication. The Seller reserves the right to amend or supplement these Terms and Conditions. The new version of the terms and conditions will be published on the website. Until and including the date of its publication, the previous terms and conditions shall remain in force.
Annex No. 1:
WITHDRAWAL FROM THE CONTRANCT – SAMPLE FORM
(The Buyer can fill in this form and send it to the Seller in case he wants to withdraw from the purchase contract within the meaning of Article 4 of the General Terms and Conditions)
Notice of withdrawal from the purchase contract
Addressee (Seller): Cerva Bohemia s.r.o., Aviatická 1092/8, Ruzyně, 161 00 Prague 6, Czech Republic, email: [●]
I hereby notify that I withdraw from the purchase contract, order number [●], which I have purchased (description of the purchased goods according to the confirmed order, including the number of pieces).
Date of order: [●]
Date of delivery: [●]
Name and surname of the buyer: [●]
Buyer’s mailing address: [●]
Buyer’s signature (only if this form is sent in paper form):
Date of withdrawal: [●]