General Terms and Conditions
Disclaimer: This translation of General Terms and Conditions is only informal. In case of a legal dispute, the Czech version is binding.
Seller: self-employed Mgr. Karel Bartoš
Headquarters: Návrší 728, Hranice, 351 24
Sale of own produce via an online shop located at: www.kb-noze.cz
1. Opening Provisions
1.1. These general terms and conditions ( (hereinafter referred to as "terms and conditions") of the seller Mgr. Karel Bartoš, headquarters at Návrší 728, Hranice, 351 24, CIN: 10989617 (hereinafter referred to as "seller“) state in accordance with § 1751 Chapter. 1 of 89/2012 Sb. ACT, the Civil code, as amended (hereinafter referred to as „civil code“) mutual obligations and duties of parties to a contract arising from a purchasing order/contract (hereinafter referred to as „purchase contract“) agreed between the seller and another natural person (hereinafter referred to as „buyer“) via the interface of the internet shop of the seller. The internet shop of the seller is located on the web address www.kb-noze.cz (hereinafter referred to as "internet shop") with an interface of a web page (hereinafter referred to as "web page interface“).
1.2. These terms and conditions do not apply in case the buyer intending to purchase wares from the seller is a legal person or a natural person purchasing the wares as part of or for their own business.
1.3. Provisions deviating from terms and conditions can be agreed upon in a purchase contract. These deviations then take precedence over terms and conditions.
1.4. Terms and conditions are an indelible part of the purchase contract. The purchase contract and terms and conditions are established in the Czech language.
1.5. The seller can change or amend the terms and conditions. This does not affect the rights and duties that arose while the previous version of terms and conditions was valid.
2. User Account
2.1. Based on a registration performed by the buyer on the web page the buyer can access their personal user interface (hereinafter referred to as "user account"). From their user account, the buyer can order wares. In case the web page interface allows it, the buyer can order wares without registering a user account.
2.2. During the registration on the webpage when ordering wares the buyer is obliged to provide accurate and true data. When the data connected with the user account change the buyer is obliged to update them. Data provided by the buyer in their user account and when ordering wares are assumed to be correct by the seller.
2.3. Access to the user account is secured via user name and password. The buyer is obliged to keep keep the data necessary to access their user account confidential.
2.4. The buyer is not allowed to give access to their account to third parties.
2.5. The seller can delete any user account, especially if the buyer does not use it for at least 1 year or in case the buyer breaks the terms of the purchase contract (including terms and conditions).
2.6. The buyer accepts that their user account does not have to be accessible continuously, considerations have to be made with regard to software and hardware maintenance of the seller, respectively hardware and software maintenance of third parties.
3. Concluding of Purchase Contract
3.1. All wares presentation on the web interface is for information only. The seller is not obliged to conclude the purchase contract with regard to it. Provision § 1732 chapter. 2 of the Civil code does not apply.
3.2. Web page contains information about sold goods, including their price and the return costs in case they cannot be returned via normal route (posted). The prices include VAT and all associated fees. The prices remain valid during the time they are displayed on the web page. This condition does not preclude the conclusion of a purchase contract based on conditions agreed upon on an individual basis.
3.3. Web page interface contains also information regarding packing and shipping costs. Information regarding shipping costs on the webpage is only valid for shipping within the Czech Republic. Shipping costs outside of the Czech republic must be agreed upon on an individual basis.
3.4. To order goods the buyer fills in an ordering form in the web page interface. The ordering form contains above all information about:
3.4.1. the ordered goods (ordered goods are put in an electronic shopping cart of the web page interface),
3.4.2. payment type and desired mode of delivery, and
3.4.3. information about shipping costs (all hereinafter referred to as "purchase order").
3.5. Before sending the order to the seller the buyer has the option to check and change data that they put in the purchase order, esp. regarding mistakes that arose during data input. The purchase order is sent by the buyer to the seller by clicking on the button "Finish order". Data provided in the purchase order are assumed to be correct by the seller. The seller will confirm receiving of the purchase order to the buyer via an e-mail, sent at the address provided by the buyer in their user account or in the purchase order (hereinafter referred to as "buyers e-mail address").
3.6. Depending on the character of the purchase order (amount, price, expected delivery costs), the seller can request an additional confirmation from the buyer (in writing or via telephone).
3.7. The purchase contract comes into effect after an acceptance of the purchase order is sent and delivered to the buyer at their e-mail address.
3.8. The buyer agrees to use remote communication methods to conclude the purchase contract. The costs to the buyer associated with using these remote communication methods (internet costs, telephone costs, etc.) are paid by the buyer themselves and their rate is not affected by the purchase.
4. Price and Payment
4.1. The price of the goods respective eventual shipping costs in accordance with the purchase contract the buyer can pay to the seller via the following methods:
- in cash at the headquarters of the seller: Návrší 728, Hranice, 351 24;
- in cash on delivery at the place specified by the buyer in the purchase order;
- cashless payment directly to the bank account of the seller 1090772083/0800 , at Česká Spořitelna (hereinafter referred to as "sellers account");
- cashless payment via PayPal;
4.2. Together with the purchasing price the buyer is obliged to also pay costs associated with packaging and shipping of the ordered goods. Unless explicitly stated, hereinafter the "purchasing price" means the price of the goods and associated delivery costs together.
4.3. The seller does not require any advance payments. This does not affect condition 4.6 about the duty of paying the price upfront.
4.4. In case of cash payments or cash on delivery the payment is due upon receiving the wares. In the case of cashless payments, the price is due within 7 days upon the conclusion of the purchasing contract.
4.5. In the case of cashless payments the buyer is obliged to pay the price of the wares together with stating the variable symbol of the payment. In the case of cashless payment, the buyers' obligation to pay is fulfilled when the money is credited to the account of the seller.
4.6. The seller can insist on payment of full price before the delivery, especially if the buyer does not confirm the purchase as stated in 3.6. Provision § 2119 chapter. 1 of civil code does not apply.
4.7. Eventual discounts available to the buyer cannot be added up.
4.8. If usual or legally required, the seller will provide the buyer with a document regarding the payments arising from the purchase contract - an invoice. The seller is not registered to pay VAT. The invoice will be issued after payment and sent in an electronic form to the buyer's electronic address.
4.9. The seller is obliged to issue the buyer with a receipt.
5. Cancellation of the Purchase Contract
5.1. The buyer accepts that according to § 1837 of Civic code, it is not possible to cancel a purchase contract for goods that were modified or made specifically for them, perishable goods, including goods that were irreversibly connected with other goods, hygienically packed goods that were open and video or audio recordings or computer programs if the original packing has been damaged.
5.2. If provisions in 5.1 do not apply or the purchase contract cannot be canceled for other reasons, the buyer can in accordance with § 1829 chapter 1 of civic code cancel the purchase within fourteen (14) days since delivery, whereas if the delivery consisted of several pieces or types of goods, this period starts with the day the last piece was delivered. The cancellation must be delivered to the seller within the above-mentioned time period. The cancellation can be sent to the seller either to the headquarters address or to their e-mail address.
5.3. In case of cancellation according to 5.2 the purchase order is annulled. The goods must be returned to the purchaser within fourteen (14) days since the cancellation was delivered to the seller. If the buyer cancels the purchase contract, they bear the costs associated with returning the goods to the seller even in cases when the wares cannot be returned via postage.
5.4. In case of cancellation according to 5.2 the seller returns to the buyer the costs of the goods within fourteen (14) days since cancellation the same way they were delivered to the seller by the buyer. The seller is not obliged to return the money before the goods are returned or proof of postage is given.
5.5. The claim to payment for damaged goods can be issued unilaterally by the seller against the claim for return by the buyer.
5.6. In cases where the buyer can cancel the purchase contract according to § 1829 chapter 1 of civic code, the seller can cancel the purchase contract too until the goods are delivered and received by the buyer. In such a case, the seller returns the purchasing price without delay, via cashless payment to the buyers' account.
5.7. If the delivery included together with the purchased goods a free gift to the buyer, the gifting contract between the buyer and the seller is closed with the condition that in case of cancellation of the purchasing contract the gifting contract is annulled too and the buyer is obligated to return the gift together with the purchased goods.
6. Transport and Delivery
6.1. If a special delivery mode is requested by the buyer, the buyer bears the risks and additional costs associated with it.
6.2. If the seller is obliged by the purchase contract to deliver the goods to a place specified by the buyer in the purchase contract, the buyer is obliged to accept the delivery at said place.
6.3. If repeated or special deliveries are necessary owing to conditions by the buyer or if a different mode of delivery than specified in the purchase order is necessary, the buyer is obliged to pay the full price associated with such repeated respectively special deliveries.
6.4. When receiving the goods the buyer is obliged to check that the package is intact and in case of any damage to communicate this to the delivery service. If the damage on the package is consistent with an unauthorized opening of the package the buyer is not obliged to accept it from the delivery service.
6.5. Further rights and duties for parties included in the transport can be issued by the seller.
7. Rights Arising From Faulty Performance
7.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the generally binding legislation (esp. provisions § 1914 to 1925, § 2099 to 2117, and § 2161 to 2174 of civic code and by the law Nr. č. 634/1992 Sb., consumer protection act, as amended).
7.2. The seller guarantees to the buyer that the goods are without defects. They especially guarantee that at the time of taking the delivery:
7.2.1. the goods have properties that were agreed between the parties, and if an agreement is not present, it has properties that were described or that are to be expected regarding the goods and the way they were advertised,
7.2.2. the goods are fit for purpose the seller states or for which they are usually used,
7.2.3. the quality and manufacture of the goods correspond to the agreed-upon standard or template if quality or manufacture were performed in accordance with an agreed-upon standard or template,
7.2.4. the goods are delivered in adequate amounts and,
7.2.5. the goods meet the requirements laid down by legal regulations.
7.3. Provisions in paragraph 7.2 of Terms and Conditions do not apply for goods sold with a discount due to a flaw that was agreed upon, for wear and tear caused by their usual use, for used goods in case of wear and tear corresponding to the scope of their previous use at the time they were received by the buyer, and for flaws that are inherent to the character of the goods.
7.4. If a defect demonstrates itself within six months of delivery, it is assumed that it was present at the time of delivery. The buyer is entitled to use the right from faulty performance within twenty-four months since the time of taking the delivery.
7.5. The rights from the faulty performance are used at the seller's headquarters where the warranty complaint can be accepted with regard to the character of the sold goods.
7.6. Further rights and duties of contractual parties regarding the responsibility of the seller for defects can be amended in the seller's complaint code.
8. Further Rights and Duties of Parties to a Contract
8.1. The buyer gains the rights of ownership of the goods by paying their full purchasing price.
8.2. The seller is not bound by any code of conduct towards the buyer as defined in § 1826 section 1 letter e) of civic code.
8.3. Buyer's complaints are dealt with by the seller via electronic address. Information about complaint handling is sent by the seller to the electronic address of the buyer.
8.4. Out of court settlements of disputes stemming from the purchase contract are dealt with by Czech Trade Inspection, located at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, internet address: https://adr.coi.cz/cs. The platform for online dispute resolution located at the internet address https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer that stem from the purchase contract.
8.5. European Consumer Centre of Czech Republic, located at Štěpánská 567/15, 120 00 Praha 2, internet address: https://www.evropskyspotrebitel.cz is contact place in accordance with Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR)
8.6. The seller is authorized to sell the goods based on their trade license. Trade control is performed by a locally assigned Trade Licencing Office. Supervision of personal data protection is performed by The Office for Personal Data Protection. Chech Trade inspection also supervises compliance with Act No. 634/1992 Coll. on Consumer Protection as amended.
8.7. The buyer accepts the risk of a possible change of circumstances as defined in § 1765 paragraph 2 of Civic Code.
9. Personal Data Protection
9.1. The seller meets the obligation to inform the buyer with regard to the processing of personal data as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 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)(further referred to as "GDPR") for the purpose of concluding the purchase contract, for the purpose of discussing the contract and for the purpose of fulfilling heir public law obligations via a separate document.
10. Sending of Trade Communications and Saving of Cookies
10.1. The buyer agrees to receive information regarding the goods or services to their electronic address and further agrees with receiving trade communications from the seller. The seller meets the duty to inform the buyer in accordance with article 13 of GDPR with regard to the processing of personal data for sending commercial communications via a separate document.
11.1. It is permitted to deliver to the buyer's electronic address.
12. Final Provisions
12.1. In case there are international (foreign) elements in the purchase contract, both parties agree that it is governed by Czech law.
12.2. The choice of jurisdiction according to part 12.1 of Terms and Provisions does not deprive the buyer of protection given to them by legal code and which cannot be contractually waived and which would otherwise be used in accordance with Regulation (EC) No 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 some provision of Terms and Conditions is invalid or inapplicable, or it becomes such, instead of these invalid provisions come into effect those that are closest to them in meaning. The invalidity of one provision does not affect the validity of others.
12.4. The purchase contract including Terms and Conditions is archived by the seller in electronic form and is not publicly accessible.
12.5. An attachment of Terms and Conditions is a template for the Cancellation of the Purchase Contract.
12.6. Contact information for the seller: deliver Address Mgr. Karel Bartoš, Návrší 728, Hranice, 351 24, email address email@example.com, telephone +420 774 521 162.
In Hranice on Jan 12, 2022