The following are the business terms and conditions of the company Fine Promo s.r.o. (registered address: Na Šťáhlavce 1105/16, 160 00 Prague 6 , Czech Republic; business identification number: 273 84 829; company registered with the Commercial Register of the Municipal Court in Prague, Section C, File 115485) for the sale of goods via the company’s online shop at www.ponnie.cz.
A specimen copy of these business terms and conditions was drawn up by the law firm Mašek, Kočí, Aujezdský - eAdvokacie.cz for the Czech Association for Electrical Commerce.
- INTRODUCTORY PROVISIONS
1.1. These business terms and conditions (hereinafter only as "business terms and conditions") of the company Fine Promo s.r.o. (registered address: Na Šťáhlavce 1105/16, 160 00 Prague 6 , Czech Republic; business identification number: 273 84 829; company registered with the Commercial Register of the Municipal Court in Prague, Section C, File 115485) (hereinafter only as "seller") govern the mutual rights and obligations of the parties arising out of or in connection with the purchase agreement (hereinafter only as "purchase agreement") entered into between the seller and any other natural person or legal entity (hereinafter referred to as "buyer" ) through the online store of the seller. This online store is operated by the seller at the internet address www.ponnie.cz, through a web-based portal (hereinafter only as the "web-based portal of the store").
1.2. These business terms and conditions also govern the rights and obligations of the parties using the seller's website located at www.ponnie.cz (hereinafter only as the "website") and any related legal relationships. These business terms and conditions do not apply to situations in which a natural person or legal entity, who intends to buy goods from the seller, is ordering the goods in the course of their business.
1.3. Purchasing arrangements and-or contractual provisions that might diverge from these generally applicable business terms and conditions can be separately agreed upon in a specific purchase agreement. Any such special arrangements in a specific purchase agreement shall take precedence over the related arrangements called for in these general business terms and conditions.
1.4. The provisions of these business terms and conditions shall be an integral part of any purchase agreement entered into between the seller and a buyer. The respective purchase agreement and these business terms and conditions are and shall be written in the Czech language. A purchase agreement can be concluded in the Czech language.
1.5. The wording of these business terms and conditions may be modified or added to by the seller at any time. This provision shall not affect the rights and obligations arising out of the effective period of a previous version of these business terms and conditions.
- PURCHASE PROCEDURE
2.1. . Based on the Buyer’s registration made on the Website, the Buyer can access his/her user interface. The Buyer may order the goods from her/his user interface (hereinafter the “User Account”). If the web interface of the e-shop allows it, the Buyer may order the goods without registration directly from the web interface of the e-shop.
2.2. The Buyer must always provide accurate and true data when registering on the Website and ordering goods. The Buyer must update the data provided in the User Account whenever the data change. The Seller deems that the data provided by the Buyer in the User Account when ordering goods are accurate.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged not to disclose information necessary for accessing her/his User Account.
2.4. The Buyer may not allow third parties to use the User Account.
2.5. The Seller may delete the User Account, especially if the Buyer has not used the account for over 6 months, or if the Buyer breaches any obligation under the Purchase Contract (including the Terms and Conditions).
2.6. The Buyer acknowledges that the User Account need not be accessible at all times, especially with regard to the necessary maintenance of the Seller’s hardware and software, or the necessary maintenance of hardware and software of third parties.
- CONCLUSION OF PURCHASE AGREEMENT
3.1. The web-based portal of the store provides a list of the goods offered for sale by the seller, including the prices of the individual goods. The prices of the goods offered for sale are inclusive of value-added-tax (VAT) and all related charges. The offer of particular goods for sale and their respective prices shall remain in effect for that period in which they are displayed on the web-based portal of the store. The above provision shall in no way limit the right of the seller to conclude a different purchase agreement with individually negotiated terms. All offers to sell the goods placed in the web-based portal of the store are non-binding and the seller shall not be obligated to enter into a purchase agreement for such products.
3.2. The web-based portal of the store also contains information on the costs associated with packaging and shipping of the goods shown there for sale. This packaging and shipping information, which is listed in the web-based portal of the store, is only applicable to shipments within the territory of the Czech Republic.
3.3. To order goods, the buyer completes the order form available on the web-based portal of the store. This order form must include the following information:
- - the goods ordered
- - the method to be used for the payment of the purchase price,
- - details on the desired shipping method for the ordered goods
- - information on the costs associated with the shipping of goods
(the above shall hereinafter be collectively referred to only as the "order").
3.4. Before sending the order to the seller, the buyer is given the chance to review the information, which the buyer has entered into the order form. The buyer sends the order by clicking on the "binding order". The buyer information entered into the order by the buyer is considered by the seller to be correct. Immediately upon receiving the order, the seller will email a confirmation of the order to the buyer, to the email address entered into the order by the buyer (hereinafter referred to as "electronic address of the buyer").
3.5. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller shall always be entitled to ask the buyer for an additional confirmation of the order (e.g. in writing or by telephone).
3.6. The contractual relationship between the seller and the buyer shall arise upon the delivery of the email confirmation of the order (acceptance), which is sent by the seller to the buyer’s email address.
3.7. The buyer herein acknowledges that seller shall not be obligated to enter into a purchase agreement with the buyer – and, this shall particularly apply to orders placed by buyers who have previously materially breached the terms and conditions of an earlier purchase agreement (including these business terms and conditions).
3.8. The buyer agrees to the use of a distance-type of communication in the conclusion of the purchase agreement. Any costs incurred by the buyer in using this means of distance-type of communication in connection with the concluding of the purchase agreement (the cost of internet access, telephone costs, etc.) shall be borne by and the responsibility of the buyer.
- PURCHASE PRICE AND PAYMENT TERMS AND CONDITIONS
4.1. The buyer can pay the seller the price for the ordered goods and any costs associated with the shipping of the goods under the purchase agreement in the following ways:
- - through the Paypal payment system
- - by cashless payment via GoPay payment gateway
- - by bank transfer to the seller's account IBAN: CZ7220100000002500775290 PIC/SWIFT:FIOBCZPPXXX at Fio banka, a.s. (hereinafter only as "seller’s bank account")
4.2. Along with the purchase price for the ordered goods, the buyer shall be obligated to pay the costs associated with the packaging and shipping of the ordered goods. Unless otherwise expressly stated, the purchase price shall include the costs associated with the delivery of the goods.
4.3. When the goods are being purchased for cash or for cash-on-delivery (COD), the purchase price shall be due upon the receipt of the goods. For non-cash payments, the purchase price for the goods shall be due within 5 days of concluding the purchase agreement.
4.4. When making a non-cash payment for the ordered goods, the buyer shall pay the purchase price of the goods together with the respective ‘variable symbol’ applicable to required payment. In the case of a non-cash payment, the buyer’s obligation to pay the purchase price for the ordered goods shall be met upon the crediting of the required funds to the seller’s bank account.
4.5. The seller shall be entitled to demand payment of the full purchase price for the ordered goods before sending the ordered goods to the buyer.
4.6. No discounts offered by the seller to the buyer on the price for the goods can be combined.
4.7. If commonly used in the particular type of business or trade relationship or if required by generally binding legal regulations, the seller shall issues a ‘tax receipt’, as specified under the law and in accordance with the invoice issued by the seller to the buyer for the payments made under the purchase agreement. The seller is a payer of value-added-tax (VAT). The tax receipt shall be the invoice issued by the seller to the buyer upon the payment of full purchase price for the ordered goods. This invoice (tax receipt) shall be sent by the seller electronically to the email address of the buyer.
- WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges, pursuant to Section 53, Subsection 8 of Act No. 40/1964 Coll., the Czech Civil Code, as last amended (hereinafter only as the "Civil Code"), that among other things, it may not withdraw from a purchase agreement for the supply of customized goods (goods customized or modified to meet the particular requirements of the buyer). This limitation on the right to withdraw from a purchase agreement shall also apply to goods subject to rapid deterioration and/or significant wear-and-tear and to delivered audio and video recordings and computer programs, should the consumer break their original packaging, and to the purchase agreement for the supply of newspapers, periodicals and magazines.
5.2. For situations other than those referred to in Article 5.1 above and to other situations in which a buyer may not withdraw from a purchase agreement, the buyer shall, in accordance with the provisions of Section 53, Subsection 7 of the Czech Civil Code, have the right to withdraw from a purchase agreement within fourteen (14) days after the receipt of goods. Such a withdrawal from a purchase agreement must be demonstrably delivered to the seller (to the physical address of the seller or to the seller's email address email@example.com) within fourteen (14) days from the date of receipt of the goods.
5.3. In the event of a withdrawal from a purchase agreement, in accordance with the above Article 5.2 of these business terms and conditions, the purchase agreement shall be canceled from the beginning. All related goods must be returned to the seller within five (5) business days from the date of sending the notice of withdrawal to the seller. All related goods must be returned to the Seller in an unused (new) condition and, if possible, in the original packaging.
5.4. Within ten (10) days after the return of the goods to the seller by the buyer, in accordance with the above Article 5.3, the seller shall be entitled to examine the returned goods and, in particular to determine whether the goods have been properly returned in an undamaged condition, without wear-and-tear or signs of obvious use.
5.5. In the event of a proper withdrawal from a purchase agreement, in accordance with the above Article 5.2 of these terms and conditions, the seller shall return the purchase price for the returned goods (excluding shipping and delivery costs) to the buyer within ten (10) days from the deadline for the completion of the examination of the returned goods (per the above Article 5.4) by bank transfer, to an account designated the buyer. The seller shall also be entitled to return the above-described purchase price in cash when the ordered goods have been returned to the seller.
5.6. The buyer acknowledges that if the goods, which are returned by the buyer, have been damaged, show signs of wear or show signs of use, the seller shall be entitled to be reasonably compensated for such loss of value on the returned goods. The seller shall be unilaterally entitled to offset their compensation for damage to the returned goods against the buyer's claim for a refund of the purchase price.
- SHIPPING AND DELIVERY
6.1. The manner and method to be used for the delivery of goods shall be determined by the seller, unless otherwise stipulated to in the purchase agreement. If a particular shipping or delivery service or method is requested by a buyer, the buyer shall be fully responsible for any related risks and the buyer shall bear any additional related costs.
6.2. If under the purchase agreement the seller must deliver the ordered goods to a place specified by the buyer, the buyer shall be obligated to accept the goods upon their delivery.
6.3. Should the buyer be responsible for the need to make additional attempted deliveries of ordered goods or to deliver the goods other than as originally specified in the purchase agreement, the buyer shall be obligated to pay any associated additional costs.
6.4. When accepting the goods from the shipping carrier, the buyer shall be responsible for checking the integrity of the packaging and, in the event of any defects or signs of obvious damage, to immediately notify the carrier. Should the packaging of a delivery of ordered goods show any signs of obvious damage or of having been broken into, the buyer does not need to accept the shipment from the carrier. By signing the delivery receipt from the shipping carrier, the buyer is confirming that the shipment of goods met all of the applicable terms and conditions related to the shipment and delivery of the ordered goods; and thus, no subsequent warranty claims for damage or losses to the ordered goods will be considered or accepted (honored).
6.5. Other rights and obligations of the parties related to the shipment and delivery of ordered goods can be adjusted or modified in the delivery terms and conditions of the seller.
6.6. The Buyer shall be informed of the costs of the delivery of the goods or cash-on-delivery upon ordering the goods. The Buyer shall not be charged for any other costs related to the delivery of the goods.
- RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The Parties’ rights and obligations in respect of any defective performance shall be governed by the applicable generally binding legal regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Czech Civil Code, and by Czech Act No. 634/1992 Coll., on consumer protection, as amended).
7.2. The Seller warrants to the Buyer that the goods are free of defects upon takeover. The Seller warrants, in particular, that at the time of takeover of the goods by the Buyer:
7.2.1 the goods have the properties agreed by the Parties; in the absence of such an agreement, the goods have such properties which the Seller or producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by the Seller or producer;
7.2.2. the goods are suitable to be used for the purpose stated by the Seller or for which the goods of such kind are usually used;
7.2.3. the goods’ quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;
7.2.4. the goods have the corresponding quantity, measurement or weight; and
7.2.5. the goods meet the requirements stipulated by the legal regulations.
7.3. The provisions of Art. 7.2 hereof do not apply to any defects of goods sold at a reduced price agreed due to the defect; to any wear and tear of goods caused by normal use thereof; to any defects of used goods where the defect corresponds to the degree of use and wear and tear and the goods had the defect upon their takeover by the Buyer or where it follows from the nature of the goods.
7.4. If the defect becomes apparent within six months of takeover, the goods shall be presumed to have already been defective upon takeover. The Buyer is entitled to exercise the right arising from a defect which occurs in consumer goods within twenty-four months from the takeover.
7.5. The Buyer shall exercise rights arising from defective performance at the address of the Seller’s establishment where defects can be claimed given the assortment of the goods sold, or at the Buyer’s registered office or place of business at Fine Promo s.r.o., Na Šťáhlavce 1105/16, 160 00 Prague 6. The Buyer may assert his rights arising from defective performance via e-mail at firstname.lastname@example.org.
7.6. The Buyer must deliver the goods for which the Buyer enforces his or her rights arising from defective performance to the address of the Seller’s establishment, which is identical to the mailing address: Fine Promo s.r.o., Na Šťáhlavce 1105/16, 160 00 Prague 6 either in person based on prior agreement or by sending the goods via a package delivery company or mail.
7.7. The Seller shall notify the Buyer of the resolution of the Buyer’s claim of defects via e-mail to the e-mail address the Buyer specified for that purpose; the e-mail shall be sent within 30 days of delivery of the goods to the address of the Seller’s establishment specified in paragraph 7.6 of these Terms and Conditions.
7.8. The Seller’s Complaint Rules provide for further rights and obligations of the parties related to the Seller’s liability for defects.
- FURTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. The Buyer acquires the ownership title to the goods upon payment of the full purchase price.
8.2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826 (1)(e) of the Civil Code.
8.3. The Seller shall address consumer complaints via e-mail address email@example.com. The Seller shall send information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address.
8.4. The Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, Id. No.: 000 20 869, web address: https://adr.coi.cz/cs shall have jurisdiction over out-of-court settlement of consumer disputes under the Purchase Contract. To resolve any consumer disputes between the Seller and the Buyer, the online dispute resolution platform available at http://ec.europa.eu/consumers/odr can be used.
8.5. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No. 524/2013 of the European Parliament and the Council of 21 May 2013 on on-line resolution of consumer disputes and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/ES (Regulation on consumer online dispute resolution).
8.6. The Seller is authorised to sell goods on the basis of a trade licence. The operation of trade is controlled by the competent trade authority within its jurisdiction. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. To the relevant extent, the Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Czech Act No. 634/1992 Coll., on consumer protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances in terms of Section 1765 (2) of the Czech Civil Code.
- PERSONAL DATA PROTECTION AND SENDING COMMERCIAL COMMUNICATIONS
9.1. The Seller fulfils his notification obligation towards the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter the “GDPR”) related to the processing of the Buyer’s personal data for the purposes of performance of the Purchase Contract, for the purpose of negotiations regarding Purchase Contract and for the purpose of fulfilment of public-law duties by means of special documents.
- SENDING OF COMMERCIAL COMMUNICATIONS AND THE STORAGE OF COOKIES
10.1. The Buyer agrees that information related to the Seller’s goods, services or business may be sent to the Buyer’s e-mail address; the Buyer further agrees that the Seller may send commercial communications to the Buyer’s e-mail address.
10.2. The Buyer agrees to cookies being stored on the Buyer’s computer. If a purchase on the Website and the performance of the Seller’s obligations under the Purchase Contract does not require storing cookies on the Buyer’s computer, the Buyer may withdraw his consent under the preceding sentence at any time.
11.1. Any notices and documents hereunder may be delivered to the Buyer’s e-mail address.
12. FINAL PROVISIONS
12.1. If a relationship related to use of the web-based portal of the store or a legal relationship based on a purchase agreement includes a non-Czech entity, the parties agree that any such relationship shall be governed by Czech law. This provision shall not affect the rights of consumers resulting from other generally applicable laws.
12.2. The choice of law under Article 12.1 of the Terms and Conditions does not deprive the Buyer, who is the consumer, of the protection provided by provisions of law that cannot be derogated from by agreement and that would be used in the absence of the choice of law under the provisions of Article 6 (1) of Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
12.3. If any provision of these business terms and conditions should be or become invalid or unenforceable, the parties agree that a substitute provision (as close as possible to the now invalid or unenforceable provision) will be used instead. The lack of validity or enforceability of any provision of these business terms and conditions shall have no impact on the validity or enforceability of the remaining provisions.
12.4. Each purchase agreement, including these business terms and conditions, shall be archived in an electronic form by the seller and such archived information shall not be accessible to other parties than the seller.
12.5. Annexed to these T&C is the specimen form of withdrawal from a Purchase Contract.
12.6. Contact information of the Seller:
Fine Promo s.r.o.
Skalní 319, 252 62 Statenice, Czech Republic
email address: firstname.lastname@example.org,
phone: +420 602 579 675.
In Prague, dated September 1, 2018
On behalf of the company Fine Promo s.r.o.
Ing. Dominik Mašek
Annex: Form for withdrawal from the Purchase Contract
Name and surname:
Place of residence:
(or e-mail/telephone number):
Seller: Fine Promo s.r.o.
Id. No.: 273 84 829
With its registered office at: Na Šťáhlavce 1105/16, 160 00 Prague 6, Czech Republic
Notice of withdrawal from the Purchase Contract
On ………. I have visited your Website/e-shop ………… to order the goods ……….., order number …………, in the amount of EUR …..….. . I received the ordered goods on ………..
Pursuant to Section 1829 (1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Czech Civil Code, I exercise my statutory right and I withdraw from the Purchase Contract concluded via the Internet which relates the above-specified goods, which I return to you together with this letter, and I simultaneously ask you to refund the purchase price in the amount of EUR ………. and EUR ……… for postal charges to my bank account No. …………. not later than 14 days of the delivery of this withdrawal from the contract.
In ………., on ……….
Name and surname of the consumer (signature)
Annexes: Proof of purchase