|TIC BRNO, contributory organisation
|registered seat Radnická 365/2, 602 00 Brno
|registration number: 00101460
|entered in the Commercial Register maintained by the Regional Court in Brno, Section Pr, File 18
|governing the online sale of goods at darkyzbrna.cz
- INTRODUCTORY PROVISIONS
1.1. These General Terms and Conditions (hereinafter "General Terms and Conditions") of TIC BRNO, a contributory organization with its registered office in Radnická 365/2, 602 00 Brno, identification number: 00101460, registered in the Commercial Register maintained by the Regional Court in Brno, Section Pr, Insert 18 (hereinafter "Seller"), regulate in accordance with the provisions of § 1751(1) of Act No. 89/2012 Coll, Civil Code (hereinafter "Civil Code") the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase agreement (hereinafter "Purchase Agreement") concluded between the Seller and another natural person (hereinafter "Buyer") through the Seller's online store. The Online Store is operated by the Seller on the website darkyzbrna.cz (hereinafter the "Website") via the Website Interface (hereinafter the "Website Interface").
1.2. The General Terms and Conditions do not apply in the event that the person intending to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts within the scope of his business activity or in the exercise of his independent professional activity.
1.3. Provisions deviating from the General Terms and Conditions may be agreed in the Purchase Contract. Deviating provisions in the purchase contract shall take precedence over the provisions of the General Terms and Conditions. The terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Commercial Terms and Conditions are drawn up in the Czech language
1.4. The Seller may change or amend the wording of the General Terms and Conditions. This provision shall not affect the rights and obligations that arose during the period of validity of the previous version of the Terms and Conditions.
- USER ACCOUNT
2.1. After the Buyer has registered on the Website, the Buyer may access their User Interface. From their user interface, the Buyer can order goods (hereinafter "User Account"). If the web interface of the Store allows it, the Buyer can also order goods directly from the web interface of the Store without registration.
2.2. When registering on the website and ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account if it changes. The information provided by the Buyer in the User Account and when ordering goods shall be deemed correct by the Seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to keep the information required for access to their User Account confidential.
2.4. The Buyer is not entitled to allow third parties to use the User Account.
2.5. The Seller may delete the User Account if the Buyer violates its obligations under the Purchase Agreement (including the General Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be permanently available, in particular with regard to the necessary maintenance of the Seller's hardware and software equipment or the necessary maintenance of third party hardware and software equipment.
- CONCLUSION OF THE PURCHASE CONTRACT
3.1. Any presentation of goods placed in the web interface of the Store is informative and the Seller is not obliged to conclude a purchase contract for these goods.
3.2. The web interface of the Store contains information about the Goods, including the prices of individual Goods and the cost of returning the Goods if the Goods cannot be returned by normal post due to their nature. The prices of the Goods are inclusive of VAT and all related costs. The prices of the Goods shall remain valid as long as they are displayed on the web interface of the Store. This provision does not limit the Seller's ability to conclude a purchase agreement on individually agreed terms.
3.3. The web interface of the Store also contains information about the costs of packaging and delivery of the Goods. The information on the cost of packaging and delivery of the Goods contained in the web interface of the Store shall apply only in the event that the Goods are delivered on the territory of the Czech Republic.
3.4. To order Goods, the Buyer shall fill in the order form in the web interface of the Store:
3.4.1. the ordered goods (the ordered goods are "inserted" by the Buyer into the electronic shopping cart of the web interface of the Store),
3.4.2. the method of payment of the purchase price of the Goods, information on the desired method of delivery of the ordered Goods, and
3.4.3. information on the costs associated with the delivery of the Goods (hereinafter collectively referred to as the "Order").
3.5. The Buyer sends the Order to the Seller by clicking the "Send Order" button. The information provided in the Order is deemed to be correct by the Seller. The Seller shall confirm the receipt of the order to the Buyer immediately after the Seller receives the order by sending an e-mail to the Buyer's e-mail address specified in the User Account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. By submitting their order, the Buyer confirms that they have read and agree with the General Terms and Conditions.
3.7. Depending on the type of order (quantity of goods, amount of the purchase price, expected shipping costs), the Seller is always entitled to ask the Buyer for an additional confirmation of the order (e.g. in writing or by phone).
3.8. The contractual relationship between the Seller and the Buyer is established by the delivery of the order acceptance (acceptance), which the Seller sends to the Buyer by e-mail to the Buyer's e-mail address.
3.9. The Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the Buyer due to the use of means of distance communication in connection with the conclusion of the Purchase Agreement (costs of the Internet connection, costs of telephone calls) shall be borne by the Buyer and shall not differ from the basic tariff.
- PRICE OF GOODS AND PAYMENT TERMS
4.1. The price of the Goods and all costs related to the delivery of the Goods under the Purchase Agreement may be paid by the Buyer to the Seller in the following ways:
- cashless via the GoPay payment system.
4.2. Together with the purchase price, the Buyer shall also pay the Seller the costs associated with the packaging and delivery of the Goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs of delivery of the Goods.
4.3. The Seller shall not require the Buyer to make a down payment or any other similar payments. This is without prejudice to the provisions of Article 4.6. of the General Terms and Conditions regarding the obligation to pay the purchase price of the Goods in advance.
4.4. In case of non-cash payment, the purchase price shall be paid in advance and the Goods shall be dispatched only after the payment of the purchase price has been credited to Seller's account.
4.5. In case of cashless payment, the Buyer is obliged to pay the purchase price of the Goods together with the variable symbol of the payment. In case of cashless payment, the Buyer's obligation to pay the purchase price is fulfilled when the corresponding amount is credited to the Seller's account.
4.6. The Seller is entitled, especially in the absence of an additional order confirmation by the Buyer (Article 3.7.), to require payment of the full purchase price before the goods are shipped to the Buyer. § Article 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Discounts on the price of the goods granted by the Seller to the Buyer are not cumulative.
4.8. The Seller shall be liable for value added tax. The Seller shall issue a tax document - an invoice - to the Buyer based on the order after payment of the price of the goods and send it to the Buyer electronically to the e-mail address specified by the Buyer in the ordering process.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that in accordance with the provisions of Article 1837 of the Civil Code, a contract for the delivery of goods modified according to the Buyer's wishes or for his person, a contract for the delivery of perishable goods, as well as goods from a contract for the delivery of goods, which have been irretrievably mixed with other goods after delivery, from a contract for the delivery of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the delivery of an audio or visual recording or a computer program if the original packaging is damaged.
5.2. Except in the case referred to in Article 5.1. or in any other case in which the purchase agreement cannot be revoked, the Buyer shall have the right to revoke the purchase agreement within fourteen (14) days from the date of receipt of the goods in accordance with the provisions of Article 1829(1) of the Civil Code, provided that if the purchase agreement concerns several types of goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of goods. The withdrawal from the purchase agreement must be sent to the seller within the period specified in the previous sentence. The Buyer must send the withdrawal from the purchase agreement to the Seller's business address or to the Seller's e-mail address. In case of withdrawal from the Purchase Contract pursuant to Article 5.2. of the General Terms and Conditions, the Purchase Contract shall be canceled from the beginning. The Goods must be returned to the Seller within fourteen (14) days after the withdrawal from the Contract. If the Buyer withdraws from the purchase contract, they shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal mail due to their nature.
5.3. In the event of withdrawal from the Contract pursuant to Article 5.2. of the General Terms and Conditions, the Seller shall return the monies received from the Buyer within 14 days of the withdrawal from the Contract in the same manner as it received them from the Buyer or cashless to the Buyer's account specified in the withdrawal from the Contract. The Seller is also entitled to return the service rendered by the Buyer already upon the Buyer's return of the goods or in another way, if the Buyer agrees to this and the Buyer does not incur any additional costs as a result. If the Buyer withdraws from the Contract, the Seller shall not be obliged to return to the Buyer the monies received before the Buyer returns the goods to the Seller or before the Buyer proves that the goods have been dispatched.
5.4. The Seller is entitled to unilaterally set off the claim for payment of damage to the goods against the Buyer's claim for reimbursement of the purchase price..
The Seller is entitled to withdraw from the Purchase Contract at any time until the Buyer has accepted the Goods. In this case, the Seller shall immediately refund the purchase price to the Buyer in cash to the account specified by the Buyer. The Seller will usually withdraw from the contract only in the following exceptional cases:
- The fact that the goods are no longer manufactured or delivered or the price has changed significantly on the part of the supplier of the goods.
- If the Buyer cannot be reached (incorrect delivery phone number or e-mail address, the Buyer cannot be reached, does not respond to e-mails, etc.).
- If the Buyer is in default of acceptance of the goods and the Seller has demonstrably notified the Buyer by e-mail and set a new reasonable deadline for acceptance of the goods and the Buyer has not accepted the goods even within this additional deadline.
5.5. If a gift is given to the Buyer together with the Goods, the Gift Contract is concluded between the Seller and the Buyer on the condition that if the Buyer withdraws from the Purchase Contract, the Gift Contract shall no longer be effective with respect to such gift and the Buyer shall be obliged to return the gift together with the Goods to the Seller.
- TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is agreed upon at the special request of the Buyer, the Buyer shall bear the risk and additional costs associated with such mode of transport.
6.2. If the Seller is obliged under the Purchase Agreement to deliver the Goods to the place specified by the Buyer in the Purchase Order, the Buyer shall be obliged to accept the Goods upon delivery.
6.3. If it is necessary to deliver the Goods repeatedly or in a way other than specified in the Order for reasons on the Buyer's side, the Buyer shall bear the costs associated with the repeated delivery of the Goods or the costs associated with a different way of delivery.
6.4. Upon receipt of the Goods from the carrier, the Buyer shall inspect the integrity of the packaging of the Goods and, in the event of any defects, immediately notify the carrier. If the packaging is damaged, indicating unauthorized entry into the shipment, the Buyer may not accept the shipment from the carrier.
6.5. Other rights and obligations for the carriage of goods may be regulated in the Seller's special delivery conditions, if issued by the Seller.
6.6. The delivery period for the ordered goods is 7 days from the order confirmation. The Seller has the right to change the delivery term and will immediately notify the Buyer of such change by telephone.
6.7. The place of delivery is the address specified by the Buyer in the order.
6.8. For proper and timely delivery, the address must be specified in the order accurately and together with a telephone number.
6.9. Shipping and delivery are carried out by the Czech Post, Záslikovna and WeDo. The current price list for this service can be found on the Seller's website.
6.10. The Buyer is obliged to accept the goods within 14 days from the date of confirmation of his order.
- RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties with regard to rights arising from defective performance shall be governed by the applicable generally binding legal provisions (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller shall be liable to the Buyer for ensuring that the Goods are free from defects upon receipt. In particular, Seller shall be liable to Buyer for ensuring that, at the time Buyer takes delivery of the Goods:
7.2.1. the Goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the Seller or the manufacturer or expected by the Buyer in view of the nature of the Goods and on the basis of the advertising carried out by them,
7.2.2. the Goods are fit for the purpose for which they are intended to be used according to the Seller or for which goods of this kind are usually used,
7.2.3. the Goods correspond in quality or design to the agreed sample or specimen if the quality or design was determined by reference to the agreed sample or specimen,
7.2.4. the Goods are in the appropriate quantity, measure or weight, and
7.2.5. the Goods comply with the requirements of the Laws.
7.3. The provisions of Article 7.2. of the General Terms and Conditions shall not apply to Goods sold at a lower price, to the defect for which the lower price was agreed, to wear and tear caused by normal use of the Goods, to a defect in used Goods corresponding to the degree of use or wear and tear the Goods had when taken over by the Buyer, or if this results from the nature of the Goods
7.4. If the defect becomes apparent within six months after receipt, the goods shall be deemed defective upon receipt. The Buyer shall be entitled to assert a right to claim a defect which, in the case of consumer goods, appears within twenty-four months after receipt.
7.5. The Buyer shall exercise the rights arising from a defective performance at the Seller's business address, namely:
- at the THIS IS BRNO Information Center, Panenská 1, 658 78 Brno in case of personal delivery of the defective goods,
- at the address: Central warehouse, TIC BRNO, contributory organization, Radnická 365/2, 602 00 Brno.
7.6 The time of the complaint shall be the time when the Seller receives the claimed goods from the Buyer.
- OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Buyer acquires title to the Goods upon payment of the full purchase price for the Goods.
8.2. The Seller shall not be bound towards the Buyer by any codes of conduct within the meaning of Article 1826(1)(e) of the Civil Code.
8.3. The Buyer - consumer has the right to extrajudicial settlement of a consumer dispute. The Czech Trade Inspection Authority (www.coi.cz) is responsible for the out-of-court settlement of consumer disputes.
8.4. The Seller is entitled to sell goods on the basis of a trade license. The trade inspection is carried out by the competent Trade Licensing Office within the scope of its competence. The Czech Trade Licensing Office supervises the area of personal data protection. The Czech Trade Inspectorate 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 change of circumstances within the meaning of Section 1765(2) of the Civil Code.
- PERSONAL DATA PROTECTION
The Seller processes personal data in accordance with European Union law, in particular in accordance with Regulation No. 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, on the free movement of such data and repealing Directive 95/46/ EC (hereinafter referred to as "GDPR") and in accordance with international treaties to which the Czech Republic is bound, in particular in accordance with the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data No. 108, promulgated under No. 115/2001 Coll. on the Protection of Personal Data and amending certain acts, as amended (hereinafter referred to as "PDPA"). By providing personal data (name, surname and address, e-mail and telephone contact of the Buyer), the Seller enters into the position of the person responsible for the personal data. For complete information on the Seller's personal data management principles and policies, please visit: https://ticbrno.cz/souhlas-se-zpracovanim-osobnich-udaju-zakaznika
- SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1. Buyer agrees to the sending of information about Seller's goods, services or business to Buyer's electronic address and further agrees to the sending of Seller's commercial communications to Buyer's electronic address.
10.2. The Buyer consents to the storage of cookies on the Buyer's computer. In the event that a purchase can be made on the Website and the Seller's obligations under the Purchase Agreement can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent pursuant to the previous sentence at any time.
11.1. The Buyer may be served at the electronic address of the Buyer.
- FINAL REGULATIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the rights of the Consumer under generally binding law.
12.2. If any provision of the General Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of a provision shall not affect the validity of the remaining provisions.
12.3. The Purchase Agreement, including the General Terms and Conditions, shall be archived by the Seller in electronic form and shall not be accessible.
12.4. Seller's contact details:
Delivery address: Information Center THIS IS BRNO, Radnická 365/2, 602 00 Brno.
Address of the establishment: Information Center THIS IS BRNO, Panenská 196/1, 602 00 Brno.
Brno, September 21st 2016.