Terms & Conditions
KRÁSNÉ POLE s.r.o.
Located at: Lázeňská 397, 463 62 Hejnice
identification number: 25005634
registered in the Commercial Register held at the Regional Court in Ústí nad Labem, insert C 10907 with the purpose of sale of goods via the online store ecomfio.com.
1. INTRODUCTORY PROVISIONS
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") between the company KRÁSNÉ POLE s.r.o., with registered office at Lázeňská 397, 463 62 Hejnice, identification number: 25005634, registered in the Commercial Register held at the Regional Court in Ústí nad Labem in Section C, insert 10907 (hereinafter referred to as the "Seller") and another individual (the "Buyer") govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Agreement (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and the Buyer via the Seller's Internet Store in accordance with the provisions of Section 1751 (1) of Act No. 89/2012, the Civil Code (hereinafter "the Civil Code"). The Internet Store is operated by the Seller and is located on the domain address: www.ecomfio.com (hereinafter referred to as the "website") through the web interface (hereinafter referred to as the "web interface of the Internet Store").
1.2. Terms and Conditions do not apply to cases where a person intending to buy the goods from a Seller is a legal person or person who acts when ordering goods in the course of their business or in their independent pursuit of their profession.
1.3. The provision derogating from the Terms and Conditions may be negotiated in the Purchase Agreement. Special arrangements in the Purchase Agreement take precedence over the provisions of the Terms and Conditions.
1.4. Terms and Conditions constitute the integral part of the Purchase Agreement. The Purchase Agreement and the Terms and Conditions are drawn up in the Czech and English languages. The Purchase Agreement can only be concluded in the Czech and English languages.
1.5. The Seller may change or supplement the clauses of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous clauses of the Terms and Conditions.
2. User account
2.1. After registering an account on the website, the Buyer can access their user interface. Within their user interface (hereinafter referred to as the "User Account"), the Buyer can place a order for the goods. If the web interface permits, the Buyer may also place an order without a registration directly from the store's web interface.
2.2. When registering on the website and placing an order, the Buyer is required to provide only the correct and truthful information. Details provided in the user account must be kept up-to-date by the Buyer. The Buyer's details and details of the orders contained in the user account will be assumed to be correct by the Seller.
2.3. Access to the user account is secured by the username and password. The Buyer is required to keep access details to their user account secure at all times.
2.4. The Buyer must not allow any third party to access and/or use their user account.
2.5. The Seller may cancel the user account, if the Buyer does not use his/her user account for more than 120 days or if the Buyer breaches his/her obligations under the Sales Contract (including Terms and Conditions).
2.6. The Seller’s user account may be occasionally unavailable, due to the necessity to maintain the hardware and software of the website or those of other third parties.
3. Completion of the Purchase
3.1. All products published and promoted on the website are of the informative character and the Seller is not obliged to conclude a Purchase Agreement for these goods. Section 1732 (2) of the Civil Code does not apply.
3.2. The web interface of the website contains information about the goods, including the prices of each individual product and the cost of returning the goods if they can not be returned by their normal method of shipment. Product prices are quoted with the value added tax and all related fees. Product prices remain valid for as long as they are displayed on the website. This provision does not limit the Seller's ability to conclude a purchase contract on individually negotiated terms.
3.3. The website web interface also includes information on the cost of packaging and delivery of goods. Information regarding the cost associated with the packing and delivery of goods listed in the web interface of the website will vary depending on the country of destination where the delivery will be performed and the cost of the delivery is contained on the relevant page of the website.
3.4. To order the goods, the Buyer must fill out in the order form in the web interface of the website. The order form includes, in particular, information regarding:
3.4.1. the type of goods ordered (ordered goods that have been "put" by the Buyer into the electronic shopping cart of the web interface of the store);
3.4.2. the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods; and
3.4.3. information on the costs associated with the supply of goods (collectively referred to as the "Order").
3.5. Before sending the order to the Seller, the Buyer is allowed to check and modify the data entered by the Buyer in the order, in order to identify and correct the errors that may have occurred when entering the data into the order. The order is sent by the Buyer to the Seller by clicking the "Confirm Order" button. The Buyer’s data listed in the order is deemed correct by the Seller. On receipt of the order, the Seller will acknowledge receipt of the order by email addressed to the Buyer provided in the user account or in the order (hereinafter referred to as the "Buyer's electronic address").
3.6. The Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
3.7. The contractual relationship between the Seller and the Buyer appears upon the completion of an order (acceptance) received by the Seller from the Buyer confirmed by email sent to the Buyer's email address.
The contractual relationship between the Seller and the Buyer will also exist when the Buyer places an order over the phone and chooses not to accept an email confirming the order or indicates to the Seller that there is no valid email where a confirmation could be sent.
3.8. The Buyer consents to using remote means of communication when concluding the Purchase Agreement. Costs incurred by the Buyer when using remote means of communication in connection with the completion of the Purchase Agreement (costs of internet connection, telephone call costs) are borne by the Buyer, and they do not differ from the basic rate.
4. Goods and Payment Terms
4.1. In accordance with the Purchase Agreement the payment for the goods and any costs related to their delivery is done in the following ways:
Payment upon delivery in cash at the Buyer’s chosen address specified in the order;
Bank transfer to Seller's account No. 3288327339/0800, held at Česká spořitelna Bank (hereinafter referred to as the "Seller Account");
Payment using GoPay payment system;
Payment using a loan provided by a third party.
4.2. Together with the purchase price, the Buyer is also required to pay the Seller the cost of packing and delivering the goods at the agreed rate. Unless stated otherwise, the purchase price and the costs associated with the delivery of the goods must be paid as stated above.
4.3. The Seller does not require an advance payment or any kind of deposit from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Purchase Agreement regarding the obligation to make a payment for the goods.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 15 days of the purchase contract being concluded.
4.5. In the case of non-cash payment, the Buyer is required to pay the purchase price for the goods together with the variable payment symbol. In the case of a non-cash payment, the Purchaser's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the Seller's account.
4.6. In the event the Buyer does not receive additional confirmation of the order (Article 3.8), the Seller is entitled to request the payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code does not apply.
4.7. Any discounts on the price of goods provided by the Seller to the Buyer can not be combined or joined together.
4.8. If it is the normal course of trade or if it is stipulated by the law, which is in force, the Seller shall issue a tax invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of Value Added Tax. The tax document, namely the invoice, is issued by the Seller to the Buyer after the payment of the price for the goods and sent to the Buyer in the electronic or paper form to the Buyer's electronic or home address.
4.9. Under the Sales Records Act, the Seller is required to issue a receipt to the Buyer. At the same time, he is required to register the received revenue with the tax authorities online or in the event of a technical outage, within 48 hours.
5. Withdrawal from the Purchase Agreement
5.1. The Buyer should bear in mind 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 has been adjusted according to the Buyer's wish; from the Purchase Agreement for the delivery of perishable goods, after the delivery has been irreversibly mixed with other goods; from the Purchase Agreement for the supply of goods in sealed packaging which the Buyer has removed and for hygienic reasons it can not be returned and from the Purchase Agreement for the supply of a sound or image record or a computer program, if the packaging has been removed or tampered with.
5.2. If not covered by the paragraph 5.1 of the Terms and Conditions or in any other occasion when the Purchase Agreement can not be withdrawn, the Purchaser has the right to withdraw from the Purchase Agreement in accordance with the Section 1829 (1) of the Civil Code, up to 14 days from the date of receipt of the goods, when the purchase consist of several parts or different types of goods, this period runs from the date of the last delivery of the purchase or the part thereof. Withdrawal from the Purchase Agreement must be communicated to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use the template form provided by the Seller, which is a constituent part of the Terms and Conditions. Withdrawal from the Purchase Agreement may be communicated by the Buyer, inter alia, to the Seller’s postal address or to the seller's email address.
5.3. In the case of withdrawal from the Purchase Agreement, as set out in paragraph 5.2 of the Terms and Conditions, the Purchase Agreement is canceled in its entirety. The goods must be returned to the Seller by the Buyer within 14 (fourteen) days of communication of the withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the cost of returning the goods to the Seller, even if the goods can not be returned by their normal postal route. The method of returning of the purchased goods is mentioned on the relevant page of the website.
5.4. In the event of withdrawal from the Purchase Agreement under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Purchaser within 14 (fourteen) days of withdrawal from the Purchase Contract in the same manner as the Seller initially accepted from the Buyer by bank transfer or by another method indicated on the website. The Seller is also entitled to reverse the offers or discounts provided to the Buyer after the goods have been returned to the Seller, provided the Buyer agrees and does not incur additional costs. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or provides evidence that the goods have been sent to the Seller.
5.5. The Seller is entitled to offset against the Buyer's claim for the repayment of the purchase price.
5.6. In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the goods. In this case, the Seller shall return the purchase price without an undue delay to the Buyer, or without deducting any payments from the account specified by the Buyer.
5.7. If a free gift is provided to the Buyer together as a part of the purchase, the gift agreement between the Seller and the Buyer is concluded upon the condition that if the Buyer withdraws from the purchase contract, the gift agreement is cancelled and the Buyer will be required to return the goods together with the free gift provided by the Buyer.
6. Transportation and delivery of goods
6.1. If a different mode of delivery is agreed upon by the Buyer's special request, the Buyer bears any risks and any additional costs associated with this mode of delivery.
6.2. In view of the fact that the Seller is required to deliver the goods to the place specified by the Buyer, the Buyer is required to take over the goods upon delivery.
6.3. If, upon the Buyer’s request, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods and/or costs associated with another delivery method.
6.4. Upon receipt of the goods from the delivery company (the Carrier), the Buyer is required to check the packaging of the goods for any possible damages and, if any such damages are discovered, notify the Carrier without an undue delay. In the event that the packaging has been tampered with or there is a sign that it has been opened without an authorisation, the Buyer is not obliged to take over the consignment from the Carrier.
6.5. Other parties' rights and obligations related to the transportation of goods may alter the Seller's initial terms of delivery.
7. Rights resulting from the Defective Performance of the terms of the Purchase Agreement
7.1. The rights and obligations of the parties regarding the defective performance of the terms of the Purchase Agreement are governed by the applicable provisions of the relevant law (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Consumer Protection Act 634/1992 as amended) which are binding upon all the parties.
7.2. The Seller is responsible to the Buyer that the goods will have no defects. In particular, the Seller is liable to the Buyer that upon the transfer of the goods to the Buyer:
7.2.1. the goods have properties that the parties have agreed upon, in the absence of any alternative arrangements; have properties that the Seller or the manufacturer described or which would be reasonable for the Buyer to expect in light of the nature of the goods and the opinion that the Buyer would form on the basis of an advertisement;
7.2.2. the goods fit their purpose as indicated by the Seller or inferred from the general usage of similar goods;
7.2.3. the goods match the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or original;
7.2.4. the goods are of the appropriate quantity, degree or weight; and
7.2.5. the goods comply with the legal requirements.
7.3. The provisions of the Article 7.2 of the Terms and Conditions do not apply to the goods sold at a reduced price due to a defect which appeared as a result of the normal wear and tear and which existed at the time of the takeover by the Buyer, or which existed due to the the nature of the goods.
7.4. If a defect occurs within 6 (six) months of the takeover, the goods are deemed to have been already defective at the takeover. The Buyer is entitled to claim that goods were defective upon takeover within 24 (twenty-four) months of the takeover.
7.5. A claim against the defective performance may be raised by the Buyer at the Seller's address, where the goods can be returned, or even at the Seller’s business premises.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's return policy.
8. Other rights and obligations of the parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price.
8.2. The Seller does not have any obligations to the Buyer under any law within the meaning of Section 1826 (1) e) of the Civil Code.
8.3. The Buyer’s complaints are accepted by the Seller by email. The details of the Buyer's complaint should be sent by the Seller to the Buyer's electronic address.
8.4. Out of court settlements that are related to the Purchase Agreement are to be resolved by the Czech Commercial Inspection, at its registered office: Štěpánská 567/15, 120 00 Praha 2, ID: 000 20 869, website: https://adr.coi.cz/cs, which is responsible for out-of-court settlements of consumer disputes resulting from a purchase agreement. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer that arise from the Purchase Agreement.
8.5. European Consumer Center of the Czech Republic, with registered office at Štěpánská 567/15, 120 00 Praha 2, website: http://www.evropskyspotrebitel.cz is a contact point in all the questions regarding the Regulation (EU) No 524/2013 of the European Parliament and of the Council of Europe 21 (EC) No 2006/2004 and Directive 2009/22/EC (Consumer Dispute Resolution online).
8.6. The activities of the Seller to sell goods are regulated by the Seller’s trade license. The trade license empowers the Seller to act within the scope of its competence given by the relevant trade licensing authorities. Maintenance of the data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, inter alia, the supervision of the Consumer Protection Act No. 634/1992 (amended).
8.7. The Buyer hereby accepts the risk of changing the circumstances within the meaning of Section 1765 (2) of the Civil Code.
9.1. Article 13 of the Regulation (EC) No 2016/679 of the European Parliament and of the Council of Europe on the protection of personal data and freedom of movement of such data, which has been repealed by the Directive 95/46 / EC (General Regulation on the protection of personal data) ( hereinafter referred to as the "GDPR Regulations") related to the processing of the Buyer's personal data for the purpose of fulfilling the Purchase Agreement and negotiations of its terms and fulfillment of the public obligations of the Seller, is fulfilled by the Seller through a separate document.
10. Sending business messages and storing cookies
10.1. The Buyer agrees to send information related to the Seller's goods, services or business to the Buyer's electronic address and agrees to send the sales announcements to the Buyer's electronic address. The information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation relating to the processing of Buyer's personal data for the purpose of sending commercial communications is implemented by the Seller through a separate document.
10.2. The Buyer agrees to store cookies on their computer. If the purchase on the website is possible and the Seller's obligations under the Purchase Agreement are fulfilled without the so-called cookies being stored on the Buyer's computer, the Buyer may withdraw their consent in light of the previous paragraph at any time.
11.1. Ay notice arising from the relationship between the Seller and the Buyer, particularly regarding the withdrawal from the Purchase Agreement, must be delivered by post in the form of a registered letter, unless otherwise specified in the Purchase Agreement. All notices must be delivered to the correct address of the respective parties and are deemed to have been delivered and effective at the time of their delivery via mail, except for the withdrawal notice made by the Buyer when the withdrawal is effective if the notice is sent to the Buyer within the withdrawal period.
11.2. A receipt is also deemed to have been fulfilled, if the notice was rejected by the addressee, due to not being picked up during the terms of being held at the relevant post office or returned as undeliverable.
11.3. Both parties may communicate by email, using the respective email addresses indicated in the Buyer's user account or in the order or stated on the Seller's website.
12. Final Provisions
12.1. If under the Purchase Agreement there is an issue that encompasses the international (overseas) law, then the parties agree that the relationship will be governed by the Czech law. However, the Buyer being a consumer is not deprived of the protection afforded by the provisions of the legislation the protection of which can not be surrendered by virtue of any agreement and which would otherwise apply in the absence of the choice of law according to the Article 6 (1) (EC) No 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.2. If any provision of the Terms and Conditions are invalid or ineffective, in such an instance invalid clauses will be overridden by a provision that corresponds as much as possible with the purpose of the invalid clause. The invalidity or ineffectiveness of one provision will be without prejudice to the validity of the other provisions.
12.3. The Purchase Agreement, including the Terms and Conditions, will be stored by the Seller in the electronic form and is not accessible.
12.4. All annexes to the Terms and Conditions contain sample forms for withdrawal from the Purchase Agreement.
12.5. Seller's contact details: delivery address Lázeňská 397, 463 62 Hejnice, e-mail address firstname.lastname@example.org, phone +420 736 698 382.