Seller/Website Owner: Mgr. Jana Vejrikova
Online store Name and URL: Antikvariát Knihyzpudy.cz (http://www.knihyzpudy.cz)
Address: Obeti nacismu 1, 350 02 Cheb, Czech Republic (not a store)
Business ID: 699 59 641
Tax ID: 8053201827
Mobile Phone: (+420) 608 129 774
Landline:(+420) 354 431 886
Entrepreneur is registered in the Trade Register at the office competent pursuant to Section 71 (2) of the Trade Licensing Act: Cheb Municipal Authority, Czech Republic.
Field of Activity: Online sale of used goods via a website located at http://www.knihyzpudy.cz
1. Introductory Provisions
1.1 These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of entrepreneur Mgr. Jana Vejrikova, with registered office at Obeti nacismu 1, 350 02 Cheb, Czech Republic, identification number 699 59 641, registered in the Trade Register at the office competent pursuant to Section 71 (2) of the Trades Licensing Act: Municipal Authority of Cheb, Czech Republic (hereinafter referred to as the "Seller") shall govern, in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code ("the Civil Code"), 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 another individual (the "Buyer") through the Seller's website. The website is operated by the Seller at http://www.knihyzpudy.cz (hereinafter referred to as "website") through the website interface (hereinafter referred to as the "website interface").
1.2 These Terms and Conditions only apply on Seller-to-Buyer (i.e. end buyer) purchases and do not apply on business-to-business purchases where a person intending to buy the goods from the Seller is a legal entity ordering goods with business intentions or for further resale.
1.3 A provision derogating from these Terms and Conditions may be negotiated in the Purchase Agreement. Distinctive arrangements in the Purchase Agreement take precedence over the provisions of these Terms and Conditions.
1.4 These Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Agreement and Terms and Conditions are written in the Czech or the English language. The Purchase Agreement can be concluded in the Czech or the English language.
1.5 The Seller may change or add the wording of these Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. User Account
2.1 The Buyer may register and access a user account (hereinafter referred to as the "user account") at the Seller's website. The Buyer may order goods either via the user interface of the user account, or without registration as a Guest user: both options are available in the order form (shopping cart) at the Seller's website.
2.2 All data the Buyer enters upon registration or when ordering goods must be correct, full and truthful. The Buyer is required to update his/her details upon any change. Data provided by the Buyer in the user account and when ordering the goods are considered by the Seller to be correct.
2.3 Access to the user account is secured by a user name and password. The Buyer is required to maintain confidentiality regarding the access details to his/her user account.
2.4 The Buyer is not entitled to allow third parties to access and use his/her user account.
2.5 The Seller may cancel the user account, especially if the Buyer has not used the user account for more than three (3) years, or if the Buyer breaches the obligations under the Purchase Agreement (including these Terms and Conditions).
2.6 The Buyer acknowledges that the user account may be unavailable at certain times, especially with regard to the necessary maintenance of the hardware and software of the Seller, or maintenance of hardware and software of third parties.
3. Concluding the Purchase Agreement
3.1 All descriptions and photographs of the goods presented on the Seller's website are published for the purpose of providing an approximate and informative idea of the goods' appearance and character. 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 website contains product information, product prices, as well as prices for delivery of product returns if these products cannot be returned by the regular postal service. Product prices are final and include all taxes and associated fees. The Seller is not a VAT payer. 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 Agreement upon individually negotiated terms.
3.3 The website also contains information on fees associated with the packaging and delivery of the goods. These fees only apply on purchases within the Czech Republic, Slovakia, and other countries listed on the Seller's website in the "Delivery and Packaging" section and displayed in the order form (shopping cart) in the drop-down list of countries from which the Buyer can select the country for delivery. Delivery fees for export purchases outside these countries will be negotiated upon individual agreement with the Buyer.
3.4 To order the goods, the Buyer will fill in the order form at the Seller's website. The order form contains, in particular, the following information:
3.4.1 ordered goods (ordered goods previously inserted by the Buyer in the electronic shopping cart on the Seller's website),
3.4.2 payment method including payment method type and details, and
3.4.3 delivery fees associated with packaging and delivery of the goods (collectively referred to as "the Order").
3.5 Before sending the Order, the Buyer can check and modify all data entered in the order form (shopping cart). The Buyer sends the Order to the Seller by clicking the "Place Order" button in the electronic shopping cart. All data contained within the Order are deemed by the Seller to be correct. Upon receiving the Order, the Seller will confirm the acceptance of the Order to the Buyer by e-mail to the Buyer's e-mail address (hereinafter referred to as the "Buyer's E-mail Address") provided by the Buyer in the user account or in the order.
3.6 The Seller is entitled, depending on the nature of the Order (quantity of goods, purchase price, estimated delivery costs), to ask the Buyer for an additional confirmation of the Order (for example, in writing or by phone).
3.7 The Purchase Agreement between the Seller and the Buyer is concluded at the moment of order confirmation received by the Buyer by e-mail. If the Buyer does not receive this confirmation within 60 minutes of placing the Order, the Buyer is required to inform the Seller.
3.8 The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Agreement (internet connection fees, telephone fees) are at Buyer's
expense. These fees are not any higher than the regular rate.
3.9. The Seller excludes the acceptance of an offer with an amendment or deviation.
4. Prices for Goods and Payment Terms
4.1 The purchase price of the goods including delivery fees may be paid by the Buyer using one of the following payment methods upon Buyer's choice:
• within the Czech Republic and Slovakia: cash on delivery (if available) at an address specified by the Buyer in the order;
• within the Czech Republic: by bank transfer to the bank account No. 2600257159/2010 in CZK at Fio bank (hereinafter the "Czech Seller’s account") using provided variable symbol (i.e. order number); the payment is due 14 days from ordering, where the date of crediting the amount to the Seller's account is relevant.
• within Slovakia and other countries outside the Czech Republic: by bank transfer using SEPA payment in EUR to a EUR account of the Seller at Fio bank: IBAN: CZ9820100000002301304701 (BIC/SWIFT: FIOBCZPPXXX) using provided variable symbol (i.e. order number). The payment is due 14 days from ordering, where the date of crediting the amount to the Seller's account is relevant. The Buyer acknowledges that the Seller does not accept payments via bank transfer from Slovakia or other countries in CZK (Czech crowns). Before making the transaction, the Buyer is also obliged to check with his/her bank the conditions of the transfer and any fees, which he/she pays in full to his/her bank.
• within the Czech Republic, Slovakia, and other countries: by electronic transfer via the GoPay payment gateway to which the Buyer is redirected after selecting this option in the order form (in the shopping cart) at the Seller's website. The GoPay payment gateway enables namely cashless payment using ban cards, fast bank transfers, or other payment methods that are available at the moment of redirection on the gateway and that are displayed to the Buyer.
4.2 Together with the purchase price, the Buyer is also required to pay the Seller the fees associated with packaging and delivery of the goods at an agreed rate. Unless otherwise stated, the purchase price (total amount of the order) is hereinafter understood as the price of goods including all fees associated with packaging and delivery of the goods.
4.3 The Seller does not require a deposit or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of these Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4 If cash on delivery is chosen by the Buyer upon order, the purchase price (total amount of the order) shall be payable upon receiving/picking up the shipment. If a cashless payment method is chosen by the Buyer, the purchase price is payable within 14 days of the Purchase Agreement being concluded.
4.5 If a cashless payment method, specifically a bank transfer, is chosen by the Buyer during the order process, the Buyer is obliged to transfer the purchase price using the variable symbol, i.e. the order number. If a cashless payment method, specifically a bank transfer, is chosen by the Buyer, the Buyer's obligation to pay the purchase price is fulfilled once the relevant amount is credited to the Seller's account.
4.6 The Seller is entitled, in particular in the event the Buyer does not additionally confirm the order upon request (Article 3.6), to require a full payment of the purchase price in advance, i.e. before the goods are dispatched to the Buyer. Paragraph 2119 (1) of the Civil Code does not apply.
4.7 Any discounts on the product price provided by the Seller to the Buyer can not be combined.
4.8 If it is customary in the business environment or stipulated by generally binding legal regulations, the Buyer shall issue and send a receipt/invoice to the Buyer, for payments made under the Purchase Agreement. The Seller is not a taxpayer of the value added tax. The receipt/invoice is issued by the Seller to the Buyer:
a) upon bank transfer payment together with the order confirmation;
b) upon GoPay gateway payment upon the receipt of the payment;
c) upon cash on delivery after the Buyer has received the goods;
by sending the receipt/invoice in an electronic form (PDF) to the Buyer's E-mail Address.
The receipt/invoice is also available in the user account at the same time as it is sent electronically to the Buyer's E-mail Address.
4.9 According to the Sales Accounts Act (EET), the Seller is required to issue a receipt to the Buyer. Also, the receipt/invoice is also available in the user account interface as soon as it is sent in the electronic form to the Buyer's E-mail Address.
5. Withdrawal from the Purchase Agreement
5.1 The Buyer acknowledges 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 have been adjusted according to the Buyer's preference or made/modified for the Buyer specifically, for the delivery of rapidly perishable goods, as well as goods which after the delivery have been irreversibly mixed with other goods, for the supply of goods in sealed packaging which the consumer has removed from the packaging and therefore they cannot be returned for hygienic reasons, and for the delivery of an audiovisual recording or a computer program, if the original packaging has been unsealed.
5.2 In the case that is not referred to in the Article 5.1 of these Terms and Conditions or in other case where the Purchase Agreement cannot be withdrawn, the Buyer shall, in accordance with Section 1829 (1) of the Civil Code, withdraw from the Purchase Agreement within fourteen (14) days after receiving the goods. In case various types of goods have been purchased or the goods are supposed to be delivered in parts, this period runs from the date of the delivery of the last piece of the goods. The withdrawal from the Purchase Agreement must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase Agreement, the Buyer may use a template provided by the Seller (Withdrawal from the Purchase Agreement), which then becomes an annex to these Terms and Conditions. Withdrawal from the Purchase Agreement may be send by the Buyer, inter alia, to the address of the Seller's office, to the e-mail address of the Seller (firstname.lastname@example.org) or via the Contact Form at the Seller's website.
5.3 In the event of withdrawal from the Purchase Contract in accordance with the Article 5.2 of these Terms and Conditions, the Purchase Agreement shall be cancelled in full. The goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the Purchase Agreement to the Seller. If the Buyer withdraws from the Purchase Agreement, the Buyer bears the costs associated with the return of the goods to the Seller, even if goods cannot be returned by regular postal service.
5.4 In the event of the withdrawal from the Purchase Agreement under Article 5.2 of these Terms and Conditions, the Seller shall return the payments received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement, in the same manner the Seller has received them from the Buyer. The Seller is also entitled to return the payments provided by the Buyer upon returning the goods to the Buyer, or otherwise, providing that the Buyer agrees to do so, without incurring additional costs to the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received payments to the Buyer before the Buyer returns the goods or proves that the goods have been dispatched to the Seller.
5.5. If the buyer had chosen a different method of delivery of the goods than the cheapest method offered by the Seller, the Seller will refund to the Buyer the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery of the goods that is offered at the Seller's website.
5.6 The Seller is entitled to offset the claim for damages on goods against the Buyer's claim for purchase price refund.
5.7 In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provision of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time before the Buyer receives the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via a bank transfer to the Buyer's account.
5.8 If a gift is provided to the Buyer together with the goods, the Gift Agreement between the Seller and the Buyer is concluded with the condition that if the Buyer withdraws from the Purchase Agreement, the gift agreement shall cease to be effective and the Buyer shall return the gift to the Seller together with the goods.
6. Delivery of Goods
6.1 If the delivery method is agreed upon by a Buyer's special request, the Buyer bears the risk and any additional costs associated with this delivery method.
6.2 If the Seller is obliged to deliver the goods in a place specified by the Buyer in the order, according to the Purchase Agreement, the Buyer is obliged to take over the goods upon delivery. If the Buyer does not take over the goods from the carrier (e.g. is not present at the destination) and the goods are stored at the carrier's branch, the Buyer is obliged to collect the goods at the branch of the carrier within the specified period of time, which is notified to the Buyer. The Buyer is informed about the above mentioned period by the Seller, and also by the carrier, by SMS and e-mail.
6.3 Delivery is carried out using the following carriers: Czech Post, or Zasilkovna (Packeta) and its subcontractors. The Buyer selects one of these carriers in the order. If one of the above mentioned carriers is chosen for delivery by the Buyer, the Seller will send the goods to the address specified by the Buyer in the order. In case the Buyer selects delivery to the carrier's branch (pick up point), the goods will be sent to the pick up point chosen by the Buyer. The Seller may use the services of third parties to deliver the goods, provided the price of the delivery for the Buyer does not change. The Seller and the Buyer may agree on individually negotiated delivery method and price of delivery.
6.4 If, for reasons on the Buyer's side, the goods are to be delivered repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or with another delivery method.
6.5 If the Buyer, at any time in the past, did not take over the goods from the carrier within the specified time period (i.e. the goods were returned by the carrier back to the Seller) and places a new order with the Cash on Delivery method, the Buyer may be required to pay in advance for this order. In the event the Buyer does not take over the goods that have been paid in advance from the carrier and the goods are sent back by the carrier to the Seller, the Buyer will be refunded the purchase price reduced by the fee for delivery.
6.6 Upon taking over the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and notify the carrier in case of any defects. In case the parcel containing goods is damaged, the Buyer is not required to take over the parcel from the carrier.
6.7 Other rights and obligations in terms of delivery of goods may be specified in Seller's special delivery terms, if issued by the Seller.
7. Quality Guarantee and Complaints Regarding Defective Performance - Complaints Procedure
7.1 The rights and obligations of the contracting parties with regard to the rights arising from defective performance shall be governed by the relevant generally binding legal regulations (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 No. 634/1992 Coll., as amended).
7.2 The Buyer acknowledges that the subject of sale is used (second-hand) goods.
7.3 The seller guarantees to the Buyer that the goods upon receipt have no other defects than those described at the Seller's website. In particular, the seller is responsible to the Buyer that at the time the Buyer took over the goods:
7.3.1 the goods have properties that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods, and as advertised,
7.3.2 the goods are intended for the purpose which the Seller indicates or to which goods of this type are normally used,
7.3.3 the quality or design of goods correspond to the quality and design of an agreed sample or pattern, upon the condition that the quality or design has been negotiated according to the agreed sample or pattern,
7.3.4 the goods are delivered in an appropriate quantity, size or weight, and
7.3.5 the goods comply with legal requirements.
7.4 The provisions set out in the Article 7.3 of these Terms and Conditions do not apply to goods sold at a lower price due to a defect for which the lower price was negotiated, to goods with wear and tear caused by common use, to used goods for defects caused by use or wear corresponding to the age and condition of the goods which the goods showed at the time of takeover by the Buyer, or if it results from the nature of the goods.
7.5 If a defect occurs within six (6) months of receiving the goods, the goods are deemed to have been defective at the moment of takeover. The Buyer is entitled to claim his/her rights from defects that occur in consumer goods within twelve (12) months from takeover.
7.6 The Buyer claims his/her rights from defects with the Seller first by notifying the Seller using any available means of communication (e-mail, letter, telephone, or the contact form available at Seller's website).
7.7 If the Buyer has appropriate technical capabilities and equipments, the Seller shall first ask the Buyer to take a photograph or photographs of the defect and send it/them to the Seller via e-mail or mobile phone (e.g. free of charge via the WhatsApp application). If the Buyer does not own or accommodates above mentioned capabilities and equipments, he/she shall contact the Seller and further steps will be negotiated.
7.8 If the nature of the defect or its rectification requires it, the Buyer may be asked to send the defective goods to the Seller's address stated in the Introductory Provisions of these Terms and Conditions. In such case, the shipping costs are covered by the Seller. The Buyer is obliged to choose the cheapest available form of registered (i.e. insured) transport without cash on delivery.
7.9 According to the nature of the defect, the complaint will be dealt with without delay and will be settled free of charge within ten (10) business days, if not negotiated and agreed otherwise by the Seller and the Buyer, in one of the following ways chosen by the Buyer:
a) by supplying a new item without a defect, if it is possible due to the nature of the goods, or by supplying the missing item,
b) by exchanging the item for a another at the same price
c) by repairing the goods,
d) by a discount on the purchase price, or
e) by withdrawal from the Purchase Agreement and returning the full purchase price including the delivery fee from the Seller to the Buyer.
7.10 If the nature of the defect allows more than one way to resolve the complaint, the Buyer has the right to choose from the above mentioned options at his/her discretion and to communicate this to the Seller. This already made choice can be changed by the Buyer only after agreement with the Seller; however, this does not apply if the Buyer requested repair of a defect that turns out to be irreparable. If the Seller fails to remove the defects within a reasonable period of time or informs the Buyer that the defects cannot be removed, the Buyer may request a reasonable discount from the purchase price instead, the delivery of a new or other product at the Buyer's choice of the same value as the defective goods, or the Buyer can withdraw from the Purchase Agreement and request a refund of the purchase price.
7.11 Additional rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's complaint procedure.
7.12 The Buyer is obliged to take an appropriate care of the purchased goods during their use and to avoid their damage or deterioration.
8. Other Rights and Obligations of the Contracting Parties
8.1 The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 In relation to the Buyer, the Seller is not bound by any Code of Conduct in the sense of the provisions of Section 1826 (1) e) of the Civil Code.
8.3 The out-of-court settlement of consumer disputes arising from the Purchase Agreement is the responsibility of the Czech Trade Inspection, with registered office at Stepanska 567/15, 120 00 Prague 2, ID number: 000 20 869, website: http://www.coi.cz.
8.4 The Seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
8.5 The Buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
8.6 The Buyer acknowledges that the software and other components that constitute the website (including images of the goods) are copyrighted. The Buyer undertakes not to engage in any activity that may allow him/her or third parties to tamper with or improperly use the software or other components that constitute the website.
8.7 The buyer is not authorized to use mechanisms, software or other procedures when using the Seller's website that could have a negative effect on the operation of the Seller's website. The Seller's website can only be used to the extent that it does not infringe on the rights of other customers and that is in accordance with its purpose.
8.8 The Buyer acknowledges that the Seller is not responsible for errors arising as a result of interventions by third parties in the website or as a result of using the website contrary to their purpose.
9. Privacy, Data Protection and Promotion
9.1 The protection of personal data is governed by Regulation (EU) No. 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, abbreviated GDPR, and is processed separately in the document Declaration on the Protection of Personal Data, which is available at the Seller's website.
9.2. Satisfaction with the purchase is researched by the Seller using e-mail questionnaires sent to the Buyer as part of the Verified by Customers review program, in which the Seller's website is involved. Questionnaires are sent every time the Buyer makes a purchase, if in the sense of Section 7 (3) of Act No. 480/2004 Coll. about Certain Services of the Information Society will not reject their sending. The processing of personal data for the purpose of sending questionnaires as part of the Verified by Customers review program is carried out on the basis of a legitimate interest, which consists in ascertaining the satisfaction of Buyers with purchases in the online store. For sending questionnaires, evaluating feedback and analyzing the market position of the online store, a processor is used, which is the operator of the Heureka.cz portal. For the above mentioned purposes, the Seller may pass on information about the purchased goods and the e-mail address of the Buyer to the processor. Buyers' personal data are not passed on to any third party for their own purposes. The Buyer can object to receiving the e-mail questionnaires as part of the Verified by Customers review program at any time by rejecting further questionnaires using the link in the questionnaire e-mail. In case of objection, the questionnaire will not be sent any further.
10. Final Provisions
10.1 If the Purchase Agreement between the Seller and the Buyer contains an international (foreign) element, this agreement will be governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
10.2 If any provision of these Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will be replaced by a provision meaning of which is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
10.3 The Purchase Agreement, including these Terms and Conditions, is archived by the Seller in electronic form and is accessible to the Seller.
10.4 A template for the withdrawal from the Purchase Agreement is an annex to these Terms and Conditions, see below.
11.5 Contact details of the Seller: Delivery Address: Mgr. Jana Vejrikova - Knihyzpudy.cz, Obeti nacismu 1, 35002 Cheb. E-mail Address: email@example.com, telefon (+420) 608 129 774.
01 November 2020, Cheb, Czech Republic