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Terms of trade

GENERAL TERMS AND CONDITIONS

These general terms and conditions ("Terms and Conditions") of Sonja Kiliánová, DiS. with its registered office at Klínec, Reg. No. 1, 252 10 Klínec, ID No. 67912672, e-mail: sonja@dovedne-ruce.cz, telephone number 603 238 647 ("Seller") regulate, in accordance with the provisions of Section 1751 par. 1 of Act No. 89/2012 Coll., the Civil Code, as amended (the "Civil Code"), the mutual rights and obligations of You, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the www.dovedne-ruce.cz website.

All information on the processing of your personal data is contained in the Principles of Personal Data Processing, which can be found here Terms and Conditions of Personal Data Processing.

The provisions of these Terms and Conditions form an integral part of the Agreement. The Contract and the Terms and Conditions are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effectiveness of the previous version of the Conditions.

As you know, we communicate primarily remotely. Therefore, it also applies to our Contract that means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and you, and the Contract is thus concluded remotely in the E-shop environment, through the website interface ("E-shop web interface").

If any part of the Terms contradicts what We have jointly agreed to in the process of Your purchase on Our Online Shop, that particular agreement will take precedence over the Terms.

 

  1. SOME DEFINITIONS
  • Price is the amount of money you will pay for the Goods;
  • Shipping Price means the amount of money you will pay for the delivery of the Goods, including the price of packing them;
  • The total price is the sum of the Price and the Shipping Price;
  • VAT is a value added tax according to applicable legislation;
  • Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
  • Order is Your binding offer to conclude a Contract for the Purchase of Goods with Us;
  • User Account is an account established on the basis of the data provided by you, which allows the storage of entered data and the history of ordered Goods and concluded Contracts;
  • You are a person shopping on Our E-shop, legally referred to as a buyer;
  • Goods are everything you can buy on the E-shop.

 

  1. General Provisions and Instructions
  • The purchase of the Goods is only possible through the web interface of the E-shop.
  • When purchasing Goods, It is Your responsibility to provide Us with all information correctly and truthfully. We will therefore consider the information You have provided to Us in an Order to be correct and true.
  • On our Online Store, we also provide access to the evaluation of Goods made by other consumers. We ensure and check the authenticity of such reviews by linking reviews to specific orders, so we can see the linked order ID for each review in the internal system, so we are able to verify and prove that the review comes from a real consumer.

 

  1. CONTRACT
  • The contract with Us can only be concluded in the Czech language.
  • The contract is concluded remotely through the E-shop, while the costs of using the means of distance communication are paid by you. However, these costs are no different from the basic rate You pay for the use of these funds (i.e. in particular for internet access), so You do not expect any additional costs charged by Us beyond the Full Price. By submitting an Order, you agree that we use the means of remote communication.
  • In order for us to conclude the Agreement, you need to create an Order in the E-shop. The following information must be included in this proposal:
    1. Information about the purchased Goods (in the E-shop, you mark the Goods you are interested in purchasing with the "Add to cart" button);
    2. Information about the Price, Shipping Price, payment method of the Total Price and the requested method of delivery of the Goods; this information will be entered as part of the creation of an Order within the user interface of the E-shop, while information about the Price, Shipping Price and Total Price will be provided automatically on the basis of the Goods you have available, the method of delivery and payment;
    3. Your identification and contact data used for us to deliver the Goods, in particular your name, surname, delivery address, telephone number and e-mail address.

 

  • During the creation of the Order, the Child may change and check the data until it is completed. After the check, you will complete the order by pressing the "Order with payment obligation" button. However, before pressing the button, you must confirm your acquaintance and acceptance of these Terms, otherwise it will not be possible to complete the Order. A check box is used for rusting and consent. After pressing the "Order with payment obligation" button, all completed information will be sent directly to Us.
  • We will confirm Your Order to You as soon as possible after it has been received by Us by a message sent to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions in the form of an attachment to an e-mail message. The Terms and Conditions in the version effective as of the date of the Order, i.e. in the version attached as an attachment confirming the e-mail message, form an integral part of the Agreement. By confirming the Order, the Contract between Us and You is concluded.
  • There may also be cases where we are unable to confirm your Order. This is especially the case when the Goods are not available or when you order a larger number of Goods than we allow. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and should not be surprising to you. In the event that there is any reason for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Agreement in an amended form compared to the Order. In such a case, the contract is concluded when you confirm Our offer.
  • In the event that a clearly incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price even if you have received an Order confirmation and therefore the Contract has been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, a new Contract is concluded when you confirm Our offer. An obvious error in the Price is considered, for example, if the Price does not correspond to the usual price at other sellers or a figure is missing or excessive.
  • In the event that the Contract is concluded, you are obliged to pay the Total Price.
  • If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to fill in your identification data repeatedly.
  • In some cases, we allow you to use a discount on the purchase of Goods. To provide a discount, you must fill in the information about this discount in a predetermined field as part of the Order proposal. If you do so, the Goods will be provided to you at a discount.

 

  1. USER ACCOUNT
  • On the basis of your registration in the E-shop, you can access your User Account.
  • When registering a User Account, you are obliged to provide correct and truthful information and to update it in the event of a change.
  • Access to the User Account is secured by a user name and password. Regarding these access data, you are obliged to maintain confidentiality and not to provide this data to anyone. In the event that they are misused, we are not responsible for it.
  • A user account is personal and you are therefore not entitled to allow third parties to use it.
  • We may close your User Account, especially if you do not use it for more than two years or if you breach your obligations under the Agreement.
  • The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software.

 

  1. PRICE AND PAYMENT TERMS, RESERVATION OF TITLE
  • The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price specified in the draft Order, the Price stated in the draft Order shall apply, which shall always be identical to the price in the Contract. The draft Order also includes the Price for Shipping, or the conditions when shipping is free.
  • The total price includes VAT including all fees stipulated by law.
  • We will require payment of the Total Price from you after the conclusion of the Contract and before handing over the Goods. You can pay the Total Price in the following ways:
    1. Bank transfer. We will send you information for making the payment as part of the Order confirmation. In case of payment by bank transfer, the total price is payable within 14 days.
    2. By card online. In this case, the payment is made via the payment gateway [TO be ADDED], and the payment is governed by the terms and conditions of this payment gateway, which are available at: [TO BE ADDED]. In the case of online card payment, the total price is payable by [TO BE ADDED]
    3. Cash on delivery. In such a case, payment will be made on delivery of the Goods versus handing over the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
    4. Cash at personal collection. Cash can be used to pay for the Goods in the event of receipt at Our premises. In the case of payment in cash upon personal collection, the Total Price is payable upon receipt of the Goods.
  • The invoice will be issued in electronic form after payment of the Full Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User account.
  • Title to the Goods passes to you only after you have paid the Full Price and received the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting Our account, in other cases it is paid at the time of payment.

 

  1. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO THINGS
  • The goods will be delivered to you within 10 days in the manner of your choice, and you can choose from the following options:
    1. Personal collection at Our premises in Klínec (always by prior arrangement), or it is possible to hand it over in Prague, Vinohrady;
    2. Personal collection at Zásilkovna pick-up points.
    3. Delivery via Zásilkovna transport companies;
  • Goods can be delivered within the countries delivered by Zásilkovna.
  • Delivery time The goods always depend on their availability and the selected delivery and payment method. The estimated delivery time of the Goods will be communicated to you in the Order Confirmation. The period specified in these Terms is indicative only and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.
  • After receiving the Goods from the carrier, You are obliged to check the integrity of the packaging of the Goods and in case of any defects, You are obliged to immediately notify the carrier and Us of this fact. In the event of a defect in the packaging that indicates unauthorized manipulation and entry into the Shipment, You are not obliged to accept the Goods from the carrier.
  • In the event that You breach Your obligation to take delivery of the Goods, except as provided for in Article 4 of the Terms, this shall not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that You do not accept the Goods does not constitute a withdrawal from the Contract between Us and You. In such a case, however, we have the right to withdraw from the Contract due to your material breach of the Contract, or to store the Goods, for which we are entitled to a consideration from you. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transport Price, or the right to compensation for damages, if any.
  • If, for reasons arising on Your side, the Goods are delivered repeatedly or in a manner other than agreed in the Contract, You are obliged to reimburse Us for the costs associated with such repeated delivery. We will send the payment details for these costs to your e-mail address specified in the Agreement and are due 14 days from the receipt of the e-mail.
  • The risk of damage to the Goods passes to you at the moment you receive them. In the event that you do not accept the Goods, except in cases pursuant to Article 4 of the Conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take over them, but for reasons on your side the takeover did not take place. The transfer of the risk of damage to the Goods means for you that from that moment on you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
  • In the event that the Goods were not listed as in stock in the E-shop and the approximate availability time was indicated, we will always inform you in the case of:
    1. an extraordinary outage of the production of the Goods, whereby we will always inform you of the new expected availability time or information that the Goods cannot be delivered;
    2. delay in the delivery of the Goods from Our supplier, and We will always inform You of the new expected delivery time.

 

  1. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
  • We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 7 of the Terms and Conditions, the Goods are free of defects, in particular that the Goods:
    1. it corresponds to the agreed description, type and quantity, as well as the quality, functionality, compatibility, interoperability and other agreed characteristics;
    2. it is suitable for the purpose for which you request it and with which we agree;
    3. it comes with agreed accessories and instructions for use, including assembly or installation instructions;
    4. is suitable for the purpose for which Goods of this type are normally used;
    5. quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of Goods of the same kind that you can reasonably expect, even taking into account public statements made by us or another person in the same contractual chain, in particular by advertising or labelling;
    6. it comes with accessories, including packaging, assembly instructions and other instructions for use that you can reasonably expect; and
    7. corresponds to the quality or design of the sample or template provided to you before the conclusion of the contract.
  • Rights and obligations regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
  • In the event that the Goods have a defect, i.e. in particular if any of the conditions under Article 1 are not met, You may notify Us of such a defect and exercise your rights from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data, or in person at the address Klínec Reg. 1. For a complaint, you can also use the sample form provided by us, which forms Annex No. 1 to the Terms. When exercising the right from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot change this choice subsequently without Our consent. We will settle the complaint in accordance with your right to defective performance.
  • If the Goods have a defect, you have the following rights:
    1. to the removal of a defect by delivery of new Goods without defects, or by delivery of a missing part of the Goods; or
    2. to the removal of the defect by repairing the Goods,

unless the method of removal chosen is impossible or disproportionately expensive in comparison with the other method, which will be assessed in particular with regard to the significance of the defect, the value that the Goods would have without the defect and whether the second method can be used to remedy the defect without considerable inconvenience to you.

  • We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the significance of the defect and the value that the Goods would have without the defect.
  • You also have the right to:
    1. a reasonable discount on the Price; or
    2. withdrawal from the Treaty,

if:

  1. we refuse to remove the defect or fail to remove it in accordance with the law;
  2. the defect manifests itself repeatedly,
  3. the defect constitutes a material breach of the Treaty; or
  4. It is clear from our statement or from the circumstances that the defect will not be remedied within a reasonable time or without significant inconvenience to you.
  • The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
  • If you caused the defect in the Goods yourself, you are not entitled to the rights from defective performance.
  • A defect in the Goods is not wear and tear of the Goods caused by their normal use or, in the case of used Goods, wear and tear corresponding to the degree of their previous use.
  • When making a complaint, we will issue you a written confirmation stating:
    1. the date on which you made the claim;
    2. what is the content of the complaint;
    3. what method of handling the complaint you require;
    4. Your contact details for the purpose of providing information on the settlement of the complaint.
  • If we do not agree on a longer period, we will remove the defects within 30 days of receiving the complaint and provide you with information about the settlement of the complaint to the contact details provided. If this period expires in vain, you may withdraw from the Contract or request a reasonable discount.
  • We will inform you about the settlement of the complaint by e-mail and we will issue you a confirmation of the date and method of handling the complaint. If the complaint is justified, you are entitled to reimbursement of the costs reasonably incurred. You are required to prove these costs, e.g. receipts or shipping price receipts. In the event that the defect has been rectified by the delivery of new Goods, You are obliged to return the original Goods to Us, but We will pay the cost of such return.
  • If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you could have discovered it, but no later than three days after receiving the Goods.
  • If you are a consumer, you have the right to exercise your rights from defective performance in the event of a defect that occurs in consumer Goods within 24 months of receipt of the Goods.

 

  1. Withdrawal from the contract
  • Withdrawal from the Contract, i.e. the termination of the contractual relationship between Us and You from its beginning, may occur for reasons and in the ways specified in this article, or in other provisions of the Terms and Conditions in which the possibility of withdrawal is expressly stated.
  • If you are a consumer, i.e. a person buying the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract or, in accordance with the provisions of Section 1829 of the Civil Code, within fourteen days of receipt of the Goods. In the event that we have entered into a Contract the subject of which is several pieces of the Goods or the delivery of several parts of the Goods, this period begins to run on the day of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract on the basis of which we will supply you with the Goods regularly and repeatedly, it begins on the day of delivery of the first delivery.
  • You may withdraw from the Agreement in any demonstrable manner (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). For withdrawal, you can also use the model form provided by us, which forms Annex No. 2 to the Terms.
  • However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is the performance specified in Section 1837 of the Civil Code.
  • The withdrawal period pursuant to Article 2 of the Terms and Conditions shall be deemed to have been complied with if you send Us a notification that You are withdrawing from the Contract during the Contract.
  • In the event of withdrawal from the Contract pursuant to Article 2 of the Terms and Conditions, You are obliged to send the Goods to Us within 14 days of the withdrawal and You bear the costs associated with returning the Goods to Us. On the other hand, You are entitled to a refund of the Shipping Price, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by Us for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, we will also pay the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest method of delivery of the Goods offered by Us at the time of delivery of the Goods.
  • In the event of withdrawal from the Contract, the Price will be refunded to you within 14 days from the effective date of the withdrawal to the account from which it was credited, or to the account chosen to withdraw from the Contract. However, the amount will not be refunded until We receive the Goods or You can prove to Us that they have been sent back to Us. Please return the Goods to Us clean, including the original packaging if possible.
  • However, in the event of withdrawal from the Contract pursuant to Article 2 of the Terms, You are liable to Us for any reduction in the value of the Goods that arose as a result of handling the Goods in a manner other than necessary for you to become familiar with the nature, properties and functionality of the Goods, i.e. in the manner in which you would familiarize yourself with the Goods in a brick-and-mortar store. In the event that we have not yet refunded the Price to you, we are entitled to set off the receivable for costs against your claim for the refund of the Price.
  • We are entitled to withdraw from the Contract at any time before we deliver the Goods to you, if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons consisting in the nature of the Goods), even before the expiry of the period specified in Article 1 of the Conditions. We may also withdraw from the Agreement if it is obvious that you have intentionally provided incorrect information in your Order. If you purchase goods as part of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving a reason.

 

  1. Consumer dispute resolution
  • We are not bound by any codes of conduct in relation to buyers within the meaning of Section 1826 para. 1 lit. e) of the Civil Code.
  • We handle consumer complaints via the e-mail address sonja@dovedne-ruce.cz. We will send information about the settlement of the complaint to the buyer's e-mail address.
  • The Czech Trade Inspection Authority, with its registered office at Štěpánská 796/44, 110 00 Prague 1, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent to settle consumer disputes arising from the Contract  out of court. The Online Dispute Resolution (ODR) platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between a seller and a consumer buyer arising from a sales contract concluded by electronic means.
  • European Consumer Centre Czech Republic, with its registered office at Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to 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 online dispute resolution).

 

  1. Final provisions
  • If Our legal relationship and yours contain an international element (i.e. for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights under the law.
  • All written correspondence will be delivered to you by e-mail. Our e-mail address is included in Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in your User Account or through which you contacted us.
  • The contract can only be changed on the basis of our written agreement. However, we are entitled to change and amend these Terms, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change, or we are to supply you with Goods regularly and repeatedly on the basis of the Contract. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive a notice of termination of the concluded Agreement for regular and repeated deliveries of Goods from you within 14 days of sending you the information about the change, the new terms and conditions become part of our Contract and apply to the next delivery of the Goods following the effective date of the change. The notice period if you give notice is 2 months.
  • In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, failure of subcontractors, etc.), we are not liable for damage caused as a result of or in connection with force majeure events, and if the force majeure situation lasts for more than 10 days, we and you have the right to withdraw from the Agreement.
  • The Terms and Conditions are accompanied by a model complaint form and a model withdrawal form.
  • The Agreement, including the Terms, is archived in electronic form with Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and You will therefore always have access to the Contract even without Our cooperation. We recommend that you always save the Order confirmation and the Conditions.

 

These Terms and Conditions come into effect on 1 January 2023.

 

Appendix 1 - Complaint Form

Annex No. 2 – Withdrawal Form


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