of trade company
with the registered office at Rubensova 313/15, 40003 Usti nad Labem 3
Identification number: 05568463
registered in the Companies Register administered by county court, Section C,
File reference 38469
For the sale of goods via online shop located at the following internet address
- The present Trading Conditions (the "Trading Conditions" hereinafter) of the trading company JawaShop.com s.r.o., headquartered in Rubensova 313/15, 40003 Usti nad Labem 3, Identification number: 05568463 registered in the Companies Register administered by the county court Section C, File reference 38469 , (the “Seller” hereinafter) adjust, pursuant to the provision of Section 1751, par. 1, Act No. 89/2012 Coll., Civil Code of the Czech Republic (the "Civil Code" hereinafter) the mutual rights and obligations of the Contracting Parties associated with or based on a purchase agreement (the "Purchase Agreement" hereinafter) entered into by and between the Seller and another natural person (the "Buyer" hereinafter) by means of the internet shop of Seller. The internet shop is operated by Seller on a website located at the internet address jawashop.com (the "Website" hereinafter) by means of the Website interface (the "Web Shop Interface" hereinafter).
- The Trading Conditions do not apply to cases when a person who intends to purchase goods from the Seller is a legal entity or an entity acting within the frame of their entrepreneurial activity whilst ordering goods, or within the exercise of their own profession.
- Any provisions deviating from the Trading Conditions can be agreed on in Purchase Agreement. Divergent provisions in the Purchase Agreement shall have precedence over the provisions contained in the Trading Conditions.
- The provisions of the Trading Conditions form an integral part of Purchase Agreement. The Purchase Agreement and the Trading Conditions are drafted in the Czech and English language. The Purchase Agreement can be entered into in Czech and/or English language.
- The wording of Trading Conditions can be changed or amended by Seller. This provision shall not affect the rights and obligations originated throughout the effectiveness of the previous version of Trading Conditions.
- Upon the registration by the Buyer made on the website, the Buyer can access its user interface. From its user interface, the Buyer can order goods (the "User Account" hereinafter). In the event that the web interface of the Shop allows so, the Buyer can also order goods without the registration directly from the web interface of the shop.
- Upon the registration on the website and for ordering goods, the Buyer is obliged to provide correct and true information. The Buyer is required to update any data presented in the user account in case it changes. The data referred to by the Buyer in the user account and in the ordering of the goods is considered correct by the Seller.
- The access to the user account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the user account.
- The Buyer shall not allow the use of the user account to third parties.
- The Seller may cancel the user account, especially if the Buyer does not use its user account for longer than 2 years, or if the Buyer breaches its obligations under the Purchase Agreement (including the Trading Conditions).
- The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, or the necessary maintenance of the hardware and software equipment of third parties.
ENTERING INTO PURCHASE AGREEMENT
- Any presentation of the goods placed at the Web Interface of the Shop is of informative nature only, and the Seller is not obligated to enter into a purchase agreement for the goods. The provision of § 1732 par. 2, Civil Code of the Czech Republic, shall not apply.
- The Web Shop Interface contains information about the goods, including the prices of individual items, and the costs of the goods return, if the if the goods by their nature cannot be normally returned by post. The commodity prices are inclusive of VAT and all related charges. The prices of goods remain effective as long as they are displayed in the Web Interface of the Shop. The above provision does not limit in any manner whatsoever the right of Seller to enter into the Purchase Agreement under individually agreed terms.
- The Web Interface of the Shop further contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods stated in Web Interface of the Shop shall only apply if the goods are delivered from the territory of the Czech Republic.
- To order the goods, Buyer shall fill out an order form in the Web Interface of the Shop. The order form contains information on:
- the goods to be ordered (the Buyer shall put the ordered goods in a purchase electronic basket of Web Interface of the Shop),
- the method of paying of the purchase price of the goods, information about the required delivery method of the goods ordered, and
- information associated with the costs of the goods delivery (further jointly referred to as "Order").
- Before the Order is sent to the Seller, the Buyer is enabled to check and alter the data Buyer has put in the Order, even including the Buyer's authorisation to find out and correct any mistakes produced whilst adding the data in the Order. The Buyer shall send the Order to the Seller by clicking the "confirm" option. The data stated in the Order is considered right by the Seller. The Seller shall always upon the receipt of the Order confirm the receipt to the Buyer via electronic mail to the email address of the Buyer stated in the user account or in the Order (the "Buyer's electronic address" hereinafter).
- Depending on the character of the Order, the Seller is always authorised (based on the quantity of goods, the amount of the purchase price, and the anticipated freight costs) ask the Buyer for additional Order confirmation (for instance in writing or via telephone).
- The contractual relationship between the Seller and the Buyer originates upon the receipt (acceptance) of the Order that is sent by the Seller to the Buyer via electronic mail to the email address of the Buyer.
- The Buyer agrees to the distant use of communication media on the entering into the Purchase Agreement. Any costs that the Buyer incurs in the distant use of communication media in association with entering into the Purchase Agreement (costs of internet connection, costs of telephone calls) shall be covered by the Buyer, whilst these costs do not differ from the basic rate.
PRICE OF THE GOODS AND PAYMENT TERMS
- The price of goods and any potential expenses associated with the delivery of goods according to the Purchase Agreement shall be paid by the Buyer to the Seller in any of the following manner:
- via noncash transfer to the account of the Seller No. CZ3955000000009731444001 kept with the banking institution Raiffeisenbank, a.s (the "Seller's account" hereinafter);
- via noncash transfer by means of the payment system PayPal;
- via cashless payment by a payment card;
- by a loan provided by a third party.
- Along with the purchase price, the Buyer is obliged to further reimburse the Seller for any costs of the packaging and the delivery of goods in the agreed amount. Unless explicitly stated otherwise, the purchase price further includes costs associated with the delivery of goods.
- The Seller does not require the Buyer to make an advance payment or another payment of similar nature. The above provision does not affect the provision of Art. 4.6 of the Trading Conditions in terms of the obligation to pay the purchase price of goods in advance.
- In case of the cash payment or payment on delivery, the purchase price is due on the acceptance of goods. In case of the noncash payment, the purchase price is due within 3 days following the signing of the Purchase Agreement.
- In case of noncash payment, the Buyer shall pay the purchase price of goods stating the variable symbol of the payment. In case of noncash payment, the Buyer's commitment to pay the purchase price is fulfilled on crediting the amount to the account of the Seller.
- The Seller is authorised, especially if no additional Order confirmation is received from the Buyer (as advised in Clause 3.6 hereof), to require the payment of the total purchase price yet prior to the shipping of the goods to the Buyer. The provision of § 2119 par. 1, Civil Code of the Czech Republic, shall not apply.
- Any potential discounts on the goods provided by the Seller to the Buyer shall not be mutually combined.
- As long as it is common practice in business relations, or as long as it is stated in the generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer for the payments performed on the basis of the Purchase Agreement. The Seller shall issue a tax document - invoice - to the Buyer upon the payment of the price of goods and send it in electronic form to the electronic address of the Buyer.
- Accordingly with the Act on Sales Records, the Seller is obliged to issue a bill to the Buyer. At the same time, the Seller is obliged to register the received takings online with the tax administrator; in case of technical failure within 48 hours at the latest.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
- The Buyer hereby acknowledges that, pursuant to the provision of Section 1837, Civil Code, it cannot be withdrawn from the Purchase Agreement for the delivery of goods that were adapted upon the request of the Buyer or for the person of the Buyer, it cannot be withdrawn from the Purchase Agreement for the delivery of goods that are perishable, it further cannot be withdrawn from the Purchase Agreement for the delivery of goods that have been upon their delivery irreversibly mixed with other goods, it cannot be withdrawn from the Purchase Agreement for the delivery of goods in a closed container that the consumer has taken out from the container and such goods cannot be returned for hygienic reasons, and it cannot be withdrawn from the Purchase Agreement for the delivery of an audio or video record or a computer programme, if their original packaging has been destroyed.
- Unless it is the case stated under clause 5.1 of the Trading Conditions or another case when the Purchase Agreement cannot be withdrawn from, the Buyer has the right to, accordingly with the provision of Section 1829, par. 1, Civil Code, withdraw from the Purchase Agreement within fourteen (14) days following the acceptance of goods, whilst in case that the subject of the Purchase Agreement is several types of goods, or the delivery of several parts, the said term starts running on the day when the last delivery of goods is accepted. The notice of withdrawal from the Purchase Agreement shall be sent to the Seller within the term stated in the above clause. For the withdrawal from the Purchase Agreement, the Buyer may use a model form provided by the Seller, annexed to the Trading Conditions. The Buyer may send the withdrawal from the Purchase Agreement, among other, to the address of the Seller's business, or to the address of electronic mail of the Seller firstname.lastname@example.org.
- In case of the withdrawal from the Purchase Agreement pursuant to clause 5.2 of the Trading Conditions, the Purchase Agreement shall be cancelled from the beginning. The goods shall be returned by the Buyer to the Seller intact within fourteen (14) days following the date of the withdrawal from the Purchase Agreement. Should the Buyer withdraw from the Purchase Agreement, the Buyer shall bear the expenses associated with the return of the goods to the Seller, even in case when the goods cannot be returned by post due to their nature.
- In case of the withdrawal from the Purchase Agreement, as advised in clause 5.2 of the Trading Conditions, the Seller shall return any financial resources accepted from the Buyer within fourteen (14) days following the effective date of the withdrawal from the Purchase Agreement by the Buyer in the same manner that the Seller accepted them from the Buyer,. The Seller is further authorised to return any monetary fulfilment provided by the Buyer on the return of the goods even in another manner, as long as the Buyer agrees to it, and as long as the Buyer does not suffer any additional costs in consequence of that. Should the Buyer withdraw from the Purchase Agreement, the Seller is not obliged to return any received monetary fulfilment to the Buyer before the Buyer returns the goods to Seller or submits a proof on having sent the goods to the Seller.
- The Seller is authorised to unilaterally include any claim for compensation of damage on the goods against the claim of the Buyer for the return of the purchase price.
- Where the Buyer is entitled, in accordance with Section 1829 par. 1 of the Civil Code, to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In that case, the Seller shall return the purchase price to the Buyer without undue delay via a noncash transfer to the account stated by the Buyer.
- If the Buyer is provided with a gift together with the goods, the deed of gift between the Seller and the Buyer is entered into with subsequent condition, that should the Purchase Agreement be withdrawn from by the Buyer, the deed of gift regarding the said gift is no longer effective, and the Buyer is obliged to return to the Seller, along with the goods, also the provided gift.
TRANSPORT AND DELIVERY OF GOODS
- Should the way of transport be agreed on the basis of a special request of the Buyer, the Buyer bears the risk and any potential additional expenses associated with that manner of transport.
- Should the Seller be obliged to deliver the goods under the Purchase Agreement to the place stated by the Buyer in the Order, the Buyer is obligated to accept the goods on the delivery.
- If, for any reasons on the part of the Buyer, the goods have to be delivered repeatedly, or in another manner than that stated in the Order, the Buyer is obliged to pay all the expenses associated with the repeated delivery of the goods, i.e. all the expenses associated with a different delivery manner.
- On the acceptance of the goods from the carrier, the Buyer is obliged to check the containers of goods for intactness and, should any defects be found, report that immediately to the carrier. Should any container be found defective, that being a proof of unauthorised intrusion in the shipment, the Buyer is not obliged to take that shipment over from the carrier.
- Special rights and obligations of the Parties concerning the transport of goods can be adjusted by special delivery terms of the Seller, if issued by the Seller.
TITLES FROM DEFECTIVE PERFORMANCE
- The rights and obligations of the Contracting Parties regarding the rights from defective performance shall be governed by the relevant generally binding legal regulations (in particular by the provisions of , Section 1914 to 1925, Section 2099 to 2117, and , Section 2161 to 2174, Civil Code, and Act No. 634/1992 Coll., on Consumer Protection, as amended).
- The Seller guarantees to the Buyer that the goods feature no defects on the acceptance. The Seller further guarantees to the Buyer that at the time when the Buyer took the goods over:
- The goods feature properties agreed by the parties, and should any arrangement be missing, that the goods feature such properties that were described by Seller or by the manufacturer, or that were expected by Buyer with regard to the character of the goods and based on the promotion presented by those,
- The goods suit the purpose that is stated for their use by the Seller, or to which the goods of that kind is usually used for,
- By its quality or design, the goods conform to the agreed sample or matrix, if the quality or design were determined upon an agreed sample or matrix;
- The goods is in the corresponding quantity, extent or weight, and
- The goods comply with the requirements of legal regulations.
The provisions contained in clause 7.2 of the Trading Conditions shall not apply to any goods sold at a price lower due to any defect for which that lower price has been agreed, to any wear of the goods caused by their typical use, used goods to any defect corresponding with the extent of use or wear, to any defect that the goods featured on their acceptance by the Buyer, or if results so from the nature of the goods.
If a defect shows within six months of the acceptance, it is considered that the goods were defective already upon the acceptance. The Buyer is entitled to exercise the right of defect that occurs in consumer goods within a twenty four-month term following the acceptance.
The Buyer shall claim the right from defective performance with the Seller at the address of the Seller's branch where the acceptance of complain is feasible considering the assortment of the goods sold, alternatively at the registered office or place of business.
Any additional rights and obligations of the Contracting Parties concerning the liability of the Seller for defects can be adjusted by the complaint procedure of the Seller.
ADDITIONAL RIGHTS & OBLIGATIONS OF CONTRACTING PARTIES
The Buyer acquires the ownership to the goods upon the payment of the full purchase price of the goods.
In relation with the Buyer, the Seller is not bound by any codes of conduct within the sense of the provision of Section 1826 par.1 subpar. e), Civil Code.
Consumer complaints are resolved by the Seller via e-mail address email@example.com. The information on the settlement of the complaint shall be sent by the Seller to the Buyer’s email address.
The body authorised for out – of - court settlement of consumer disputes arising from the Purchase Agreement is the Czech Trade Inspection, headquartered Stepanska 567/15, 120 00 Praha 2, ID No.: 000 20 869, Internet address: https://adr.coi.cz/cs. The platform for the online resolution of disputes located on the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the Purchase Agreement.
Evropske spotrebitelske centrum Ceska republika (the European Consumer Centre Czech Republic), with the registered office at Stepanska 567/15, Praha 2, Postcode 120 00, Internet address: http://www.evropskyspotrebitel.cz, is the contact point according to the Directive of the European Parliament and of the Council (EU) No. 524/2013 dated May 21, 2013, on online dispute resolution for consumer disputes and on amending the Directive (EC) No. 2006/2004 and Regulation 2009/22/EC (directive on online dispute resolution for consumer disputes).
the Seller is authorised to sell the goods based on the trade licence. the trade inspection is performed by a competent trade licence office within their powers. the supervision over the area of the personal data protection is conducted by the Office for Personal Data Protection. The Czech Trade Inspection supervises, among other, the compliance with the Consumer Protection Act No.634/1992 Coll., as subsequently amended.
The Buyer hereby accepts the risk of change of circumstances, within the interpretation of Section 1765 par. 2, Civil Code.
PERSONAL DATA PROTECTION
The duty to inform the Buyer, within the interpretation Article 13 of the European Parliament and of the Council 2016/679, 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 Regulation on the Protection of Personal Data) (the "GDPR Regulation” hereinafter) related to the processing of personal data for the purposes of the Buyer's fulfilment of the Purchase Agreement, for the purpose of negotiating over this Agreement and for the performance of the public obligations of the Seller, the Seller fulfils by means of a separate document.
SENDING COMMERCIAL NOTIFICATIONS AND SAVING COOKIES
The Buyer agrees to be sent information relating to the goods, services or the enterprise of Seller to the electronic address of the Buyer, and the Buyer further agrees to sending commercial notifications by the Seller to the electronic address of the Buyer. The Seller fulfils its information obligation towards the Buyer, within the interpretation of Art. 13, GDPR Regulation relating to the processing of personal data for the purposes of sending commercial notifications, by means of a separate document.
The Buyer agrees with saving the so-called cookies in its computer. If any purchase on the website can be completed, and the obligations of the Seller arising from the Purchase Agreement fulfilled without saving of cookies in the computer of the Buyer, the Buyer may at any time recall the consent according to the above clause.
The Buyer can receive deliveries to the electronic address of the Buyer.
If the relation established by the Purchase Agreement contains any international (foreign) element, then the Contracting Parties agree that such relation shall be governed by the Czech law. upon the choice of law, accordingly with the above provision, the Buyer who is a consumer is not deprived of the protection provided to it by the provisions of the legal system which cannot be derogated and which would be, in the absence of the choice of law, otherwise apply under the provisions of Article 6, par. 1 of the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Should any of the provisions of the Trading Conditions be invalid or ineffective, or become such, it shall be replaced with another provision the meaning of which is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions.
The Purchase Agreement and the Trading Conditions are archived by the Seller in the electronic form, and are not available.
The attachment to the Trading Conditions contains a sample form for the withdrawal from the Purchase Agreement.
The contact details of the Seller: delivery address Rubensova 313/15, 400 01 , Usti nad Labem 3, electronic mail address firstname.lastname@example.org, telephone 00420 767 858 767.