I. Basic
provision
1. These
general business conditions (hereinafter referred to as “business conditions”)
are issued in accordance with § 1751 et seq. Act No. 89/2012 Coll., the Civil
Code (hereinafter the “Civil Code”)
KRISTINA GRISHINA, individual, enterpreneur, personal ID: 09195785, with
registered office in Vrchlického
484/45, 150 00, Praha 5 – Košíře, registered in the Commercial Register kept by
the Municipal Court in Prague, web: www.krigri.bigcartel.com, email: [email protected] (hereinafter referred to as
the “seller”)
2. These
terms and conditions govern the mutual rights and obligations of the seller and
the natural person who enters into a purchase contract outside the business as
a consumer or within their business (hereinafter “buyer”) through a web
interface located on the website available at www.krigri.bigcartel.com (hereinafter referred to as the
“online store”).
3. These
provisions of the business conditions are an integral part of the purchase
contract. Deviating provisions in the purchase contract take precedence over
the provisions of these terms and conditions.
4. These
terms and conditions and the purchase contract are concluded in Czech and
English.
II.
Information on goods and prices
1. Information
about the goods, including the prices of individual goods and their main
properties, are given for individual goods in the online store catalog. The
prices of the goods are stated including value added tax, all related fees and
costs for the return of the goods, if the goods cannot, by their nature, be
returned by the usual postal route. The prices of the goods remain valid as
long as they are displayed in the online store. This provision does not
preclude the conclusion of a purchase contract under individually agreed
conditions.
2. All
presentation of goods placed in the online store catalog is of an informative
nature and the seller is not obliged to enter into a purchase agreement
regarding these goods.
3.
Information on the costs associated with the packaging and delivery of goods is
published in the online store – Delivery and Shipping. Information on costs
associated with the packaging and delivery of goods listed in the online store
is valid only in cases where the goods are delivered within the territory of
the Czech Republic.
4. The
discounts on the purchase price of the goods can be combined with each other in
case the seller and the buyer reach a mutual agreement.
III.
Ordering and concluding a purchase contract
1. 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.
These costs do not differ from the basic rate.
2. The
buyer orders the goods by filling in the order form.
3. When
placing an order, the buyer chooses the goods, the number of pieces of goods,
the method of payment and delivery.
4. Before
sending the order, the buyer is allowed to check and change the data he entered
in the order. The buyer sends the order to the seller by clicking on the “Pay
Now” button. The data provided in the order are considered correct by the
seller. The condition for the validity of the order is the completion of all
mandatory data in the order form and confirmation from the buyer that he has
read these terms and conditions.
5.
Immediately after receiving the order, the seller will send the buyer a
confirmation of receipt of the order to the e-mail address that the buyer
entered when ordering. This confirmation is automatic and is not considered a
contract. Attached to the confirmation are the current business conditions of the
seller. The purchase contract is concluded only after the acceptance of the
order by the seller. Notice of receipt of the order is delivered to the buyer’s
e-mail address.
6. In the
event that any of the requirements specified in the order cannot be met by the
seller, they will send the amended offer to the buyer’s e-mail address. The
amended offer is considered a new draft of the purchase contract and in such a
case the purchase contract is concluded by the buyer’s confirmation of
acceptance of this offer to the seller to his e-mail address specified in these
terms and conditions.
7. All
orders accepted by the seller are binding. The buyer can cancel the order until
the buyer receives a notification of receipt of the order by the seller. The
buyer can cancel the order via the e-mail of the seller specified in these
terms and conditions.
IV.
Payment terms and delivery of goods
1. The
price of the goods and any costs associated with the delivery of goods under
the purchase agreement, the buyer may pay as follows:
-cashless
payment via PayPal, card, cash only in case of in-person pickup in the Czech
Republic
2. Together
with the purchase price, the buyer is obliged to reimburse the seller for the
costs associated with the packaging and delivery of goods in the agreed amount.
Unless expressly stated otherwise below, the purchase price also includes the
costs associated with the delivery of goods.
3. In the
case of payment through the payment gateway, the buyer follows the instructions
of the relevant electronic payment provider.
4. The
seller does not require any advance payment or other similar payment from the
buyer. Payment of the purchase price before sending the goods is not a deposit.
5.
According to the Act on the Registration of Sales, the seller is obliged to
issue a receipt to the buyer.
6. The
goods are delivered to the buyer:
-to the
address specified by the buyer of the order
-through
the consignment dispenser to the dispensing address specified by the buyer
-personal
collection at the seller’s premises.
7. The
choice of delivery method is made during the ordering of goods.
8. The
costs of delivery of goods depending on the method of dispatch and receipt of
goods are specified in the buyer’s order and in the order confirmation by the seller.
If the mode of transport is contracted on the basis of a special request of the
buyer, the buyer bears the risk and any additional costs associated with this
mode of transport.
9. 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. 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
specified in the order, the buyer is obliged to pay the costs associated with
repeated delivery of goods.
10. 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 shipment, the buyer does not have to
take over the shipment from the carrier.
11. The
buyer acquires ownership of the goods by paying the full purchase price for the
goods, including delivery costs, but first by taking over the goods.
V.
Withdrawal from the contract
1. A buyer who has concluded a purchase
contract outside his business as a consumer has the right to withdraw from the
purchase contract.
2. The
deadline for withdrawal from the contract is 14 days
-from the
day of receipt of the goods,
-from the
date of receipt of the last delivery of goods, if the subject of the contract
is several types of goods or the delivery of several parts,
-from the
date of receipt of the first delivery of goods, if the subject of the contract
is a regular repeated delivery of goods.
3. In order
to comply with the withdrawal period, the buyer must send a statement of
withdrawal within the withdrawal period to the e-mail address [email protected]
4. The
buyer who has withdrawn from the contract is obliged to return the goods to the
seller within 14 days of withdrawal from the contract to the seller. The buyer
bears the costs associated with returning the goods to the seller.
5. If the
buyer withdraws from the contract, the seller is obliged to return immediately
(no later than 14 days from the withdrawal from the contract) all funds spent
on the purchase of the product.
6. If the
buyer withdraws from the purchase contract, the seller is not obliged to return
the funds received to the buyer before the buyer hands over the goods or proves
that he sent the goods to the seller.
7. The
seller is entitled to withdraw from the purchase contract due to the sale of
stock, unavailability of goods, or when the manufacturer, importer or supplier
of goods has interrupted the production or import of goods. The seller
immediately informs the buyer via the e-mail address specified in the order and
returns within 14 days of notification of withdrawal from the purchase contract
all funds, including delivery costs received from him under the contract, in
the same way or in the manner specified by the buyer.
VI.
Defective performance rights
1. The
seller responds to the buyer that the goods are free of defects upon receipt.
In particular, the seller is responsible to the buyer that at the time when the
buyer took over the goods:
-the goods
have the characteristics agreed upon by the parties and, in the absence of an
agreement, have the characteristics described by the seller or the manufacturer
or which the buyer expected with regard to the nature of the goods and on the
basis of their advertising,
-the goods
are fit for the purpose stated by the seller for their use or for which goods
of this kind are usually used,
– the goods
correspond in quality or design to the agreed sample or model, if the quality
or design was determined according to the agreed sample or model,
-the goods
are in the appropriate quantity, measure or weight, and
-the goods
comply with the requirements of legal regulations.
2. If the
defect becomes apparent within six months of receipt of the goods by the buyer,
it is considered that the goods were defective at the time of receipt. The
buyer is entitled to exercise the right to a defect that occurs in consumer
goods within twenty-four months of receipt. This provision shall not apply to
goods sold at a lower price for a defect for which a lower price has been
agreed, to wear and tear of the goods caused by their normal use, to
second-hand goods to a defect corresponding to the degree of use or wear the
goods had when taken over by the buyer, or this due to the nature of the goods.
3. In the
event of a defect, the buyer may submit a complaint to the seller and request:
-exchange
for new goods,
-repair of
goods,
-a
reasonable discount from the purchase price,
-withdraw
from the contract.
4. The
buyer has the right to withdraw from the contract,
-if the
goods have a substantial defect which were not mentioned in the description of
the goods,
-if he
cannot use the thing properly due to the recurrence of the defect or defects
after repair,
-in case of
a larger number of defects of the goods, which were not mentioned in the
description of the goods.
5. The
seller is obliged to accept the complaint in any establishment in which the
acceptance of the complaint is possible, or in the registered office or place
of business. The seller is obliged to issue a written confirmation to the buyer
about when the buyer exercised the right, what is the content of the complaint
and what method of handling the complaint requires the buyer, as well as
confirmation of the date and manner of handling the complaint, including
confirmation of repair and duration, or written justification. rejection of the
complaint.
6. The
seller will decide on the complaint immediately, in complex cases within three
working days. This period does not include the time appropriate to the type of
product or service required for a professional assessment of the defect.
Complaints, including the elimination of defects, must be resolved immediately,
no later than 30 days from the date of the complaint, unless the seller and the
buyer agree on a longer period. The expiration of this period in vain is
considered a material breach of contract and the buyer has the right to
withdraw from the purchase contract. The moment of claim is considered to be
the moment when the expression of the will of the buyer (exercise of the right
from defective performance) occurs to the seller.
7. The
seller informs the buyer in writing about the result of the complaint.
8. The
right of defective performance does not belong to the buyer, if the buyer knew
before taking over the thing that the thing has a defect, or if the buyer
caused the defect himself.
9. In the
case of a justified complaint, the buyer has the right to reimbursement of
purposefully incurred costs incurred in connection with the complaint. The
buyer can exercise this right from the seller within one month after the
expiration of the warranty period.
10. The
buyer has the choice of the method of complaint.
11. The
rights and obligations of the contracting parties regarding the rights arising
from defective performance are governed by Sections 1914 to 1925, Sections 2099
to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll.,
On Consumer Protection.
VII.
Delivery
1. The
Contracting Parties may deliver all written correspondence to each other by
electronic mail.
2. The
buyer delivers correspondence to the seller to the e-mail address specified in
these terms and conditions. The seller delivers correspondence to the buyer to
the e-mail address specified in his customer account or in the order.
VIII.
Personal data
1. All
information provided by the buyer in cooperation with the seller is
confidential and will be treated as such. Unless the buyer gives written
permission to the seller, the seller will not use the buyer’s data other than
for the purpose of performance of the contract, except for e-mail addresses to
which commercial communications may be sent, as this procedure is permitted by
law unless expressly rejected. These messages can only concern similar or
related goods and can be unsubscribed at any time in a simple way (by sending a
letter, e-mail or by clicking on a link in the commercial message). The e-mail
address will be kept for this purpose for a period of 3 years from the
conclusion of the last contract between the contracting parties.
2. For more
information about our privacy practices, go to the Privacy Policy.
IX.
Final provisions
1. All
agreements between the seller and the buyer are governed by the laws of the
Czech Republic. If the relationship established by the purchase contract
contains an international element, then the parties agree that the relationship
is governed by the law of the Czech Republic. This does not affect the
consumer’s rights arising from generally binding legal regulations.
2. In
relation to the buyer, the seller is not bound by any codes of conduct in the
sense of the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All
rights to the seller’s website, in particular the copyright to the content,
including page layout, photos, films, graphics, trademarks, logos and other
content and elements, belong to the seller. It is forbidden to copy, modify or
otherwise use the website or any part thereof without the consent of the
seller.
4. The
seller is not responsible for errors caused by third party interventions in the
online store or as a result of its use contrary to its purpose. When using the
online store, the buyer may not use procedures that could adversely affect its
operation and may not perform any activity that could allow him or third
parties to interfere or use the software or other components that make up the
online store and use the online store, or its parts or software in such a way
that would be contrary to its purpose or purpose.
5. The buyer
hereby assumes the risk of a change of circumstances in the sense of § 1765
paragraph 2 of the Civil Code.
6. The
purchase contract, including business conditions, is archived by the seller in
electronic form and is not accessible.
7. 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.
These terms
and conditions take effect on 20.01.2021