Condition of use
(České znění obchodních podmínek zde)
Self-employer: Petr Vokáč
Address: Hoření Starý Dub 21, 46343, Český Dub, the Czech Republic
Identification number: 05732565
Registered at an appropriate government office according to §71 paragraph 2 under the Trade Law – The Municipal Government Administration of the City of Liberec.
Telephone number: +420 774 805 096
For distribution of goods via the online shop at the website address www.easystunt.cz.
1.1. These terms and business conditions (hereinafter referred to as „business conditions“) of self-employer Petr Vokáč, based in Hoření Starý Dub 21, 46343, Český Dub, the Czech Republic, identification number: 05732565 , registered at an appropriate government office according to §71 paragraph 2 of the Trade Law – The Municipal Government Administration of the City of Liberec (the „provider“) govern in accordance with Article § 1751paragraph 1 of Law no. 89/2012 Coll., the Civil Code (the „Civil Code“) mutual rights and obligations arising in connection with or under purchase agreement (the „purchase agreement“) concluded between the provider and the other a natural person (the "customer") through the online store of the provider. Online store is operated by the provider on the website located on the Internet at www.easystunt.cz (the „website address“) through a website interface (the „website interface of the shop“).
1.2. These business conditions shall apply mutatis mutandis to cases where a person who intends to buy goods from the provider, is a businessman and ordering goods is in the course of their business or in their independent practice of the profession.
1.3. Provisions diverging from commercial terms can be agreed upon in the purchase contract. Divergent arrangements in the purchase contract take precedence over the terms of trade.
1.4. Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the conditions are written in Czech. The purchase agreement may be concluded in the Czech language.
1.5. The business conditions may be modified or amended by the provider. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business conditions.
- User Account
2.1. The customer enters his interface on the basis of registration carried out at the website address. From this interface the customer is enabled to order goods (hereinafter referred to as „user account“). If the website interface enables it, the customer is allowed to order goods without a registration, directly from the website interface of the shop.
2.2. When registering on the website and ordering goods, the customer is obliged to provide correct and true information. The customer is obliged to update the data referred to in the user account when the data is changed.
2.3. The access to a user account is secured by a username and password. The customer is obliged to maintain confidentiality regarding information necessary to access the user account.
2.4. The customer is not entitled to enable using of his user account by a third person.
2.5. The provider may cancel a user account, especially when the customer does not use his user account for more than 12 months, or when the customer does not respect his obligations stated in the purchase contract (including business conditions).
2.6 The customer is aware of the possibility that his user account does not have to be accessible at all times, especially with regard to the necessary maintenance of hardware and software, or necessary maintenance of hardware and software of third parties.
- Purchase contract
3.1. All presentations of goods in the web interface of the shop are informative and the provider is not obliged to conclude a purchase agreement with regard to this product. The provisions of § 1732, paragraph 2 of the Civil Code shall not apply.
3.2. Web interface provides information about the products, including the prices of individual goods. These prices include value added tax (VAT) and other related charges. Prices of goods remain in force as long as they are displayed at the website interface of the shop. This provision does not limit the provider to conclude a purchase under individually negotiated conditions.
3.3. Web interface also contains information on the costs of packing and delivery. This information on the costs listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the customer fills an order form at the website interface of the shop. This order form includes, in particular, information about:
- 3.4.1. ordered goods (the customer „puts“ these goods into the electronic basket),
- 3.4.2. method of payment of the purchase price, information about the delivery method, which is required and
- 3.4.3. information on the costs related to the delivery of goods (hereinafter only „order“).
3.5. Before sending the order to the provider, the customer is allowed to check and modify data in order, even with regard to the possibility of the customer to look into and correct errors during data entry in order. The data specified in the order by the customer are deemed to be correct by the provider. The customer sends the order by clicking on “Submit Order” button.
3.6. The sending of the order from the provider is regarded as a definite identification of goods, purchase price, customer and method of payment and is a binding draft of the purchase contract for both contracting parties. The costumer is obliged to fill in all required data in the order form, acquaint himself with these business conditions at the website address and confirm acquaintance with them.
3.7. The provider immediately upon receipt of an order confirms the order to the customer, at the email address listed in the customer’s user interface or in the order (hereinafter only „electronic address of the customer“).
3.8. The provider is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), ask the customer for additional confirmation of the order (in writing, by email or by phone).
3.9. The draft of the contract in the form of the order is valid for 15 days.
3.10. Contractual relationship between the provider and the customer comes into existence by the delivery order acceptance, which is sent to the customer by the provider by email (at the customer’s email address).
3.11. In case of impracticability of some requirements, the provider sends revised offer with possible options of the order and requests for opinion of the customer by email.
3.12. The revised offer is regarded as the new draft of the purchase contract. In this case, the purchase contract is not concluded until the provider accepts it by email.
3.13. The customer agrees to the use of distance communication in concluding the purchase contract. Costs incurred by the customer using means of distance communication in connection with the conclusion of the contract (the costs of Internet access, telephone costs) borne by the customer (the costs do not differ from the standard rate).
- Commodity price and payment terms
4.1. The purchase price of goods and any costs associated with the delivery of goods according to the purchase contract are possible to cover by the following methods:
- 4.1.1. cash on delivery at a designated place defined by the customer in the order,
- 4.1.2. online payment via payment gateway GoPay - www.gopay.com
4.2. Together with the purchase price, the customer shall pay the costs associated with packing and delivery of goods at an agreed rate. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
4.3. The provider does not require a deposit or other similar payments from the customer, without prejudice to the Article no. 4.6 of business conditions with regard to the obligation to cover the purchase price of goods in advance.
4.4. In case of cash on delivery payment, the purchase price is due at the time of the takeover of goods. In case of cashless payment, the purchase price is due within 7 days after the conclusion of the purchase contract.
4.5 In case of cashless payment, the customer shall pay the purchase price of the goods together with the variable symbol of the payment. By sending the appropriate amount to the account of the provider, the cashless purchase is concluded.
4.6. The provider is entitled, particularly if the customer does not confirm his order properly (no. 3.6), to require the payment of the full purchase price before the sending of goods to the customer. Article § 2119 paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts to the price of goods provided by the provider to the customer cannot be combined.
4.8 If it is customary in the trade, or if it is stipulated by generally binding legal regulation, the provider issues, in respect of payments based on the purchase contract, a tax document – invoice. The provider is not a value added tax payer. The tax invoice is issued by the provider to the customer after payment of the price of the goods and sent in the printed version together with goods.
- Withdrawal from the purchase contract
5.1. The customer acknowledges that pursuant to § 1837 of the Civil Code that it is not possible, inter alia, to withdraw from the purchase contract:
- 5.1.1. for the supply of goods for which the price is dependent on fluctuations in the market which cannot be controlled by the provider and which might occur within the withdrawal period,
- 5.1.3. the supply of goods that have been adjusted according to the wishes of the customer,
- 5.1.4. the supply of perishable goods and goods irretrievably blended with other goods,
- 5.1.5 the supply of goods in suitable sealed packing, which were unsealed by the customer and cannot be returned for hygienic reasons,
- 5.1.6. the supply of audio or video recordings or computer programs, if the customer damages its original packing,
5.2. If this is not the case referred to in Article 5.1 or other case where it is not possible to withdraw from the purchase contract, the customer is in accordance with § 1829 paragraph 1 of the Civil Code entitled to withdraw from the purchase contract, within fourteen (14) days from receipt of goods. If the purchase agreement is subject to several types of goods or supply of several parts, the period runs from the date of receipt of the final delivery. Withdrawal from the contract must be sent to the provider within the period mentioned in the previous sentence.
5.3. Withdrawal from the purchase contract can be addressed, inter alia, to the place of business or to the headquarters of the provider. For delivery of withdrawal applies the provision of Article 11 of these business conditions.
5.4. In case of withdrawal from the purchase contract pursuant to Article 5.2 of business conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the provider within fourteen (14) days from the date of withdrawal. If the customer withdraws from the purchase contract, the customer bears the cost of returning the goods to the provider, even in the case where the goods cannot be returned to their usual character by post.
5.5 In case of withdrawal from the purchase contract pursuant to Article 5.2 of business conditions, the provider returns the funds received from the customer within fourteen (14) days from the date of withdrawal, in the same way as the provider received them from the customer. The provider is also entitled to return the funds by the customer at the time of returning the goods or otherwise, if the customer agrees and it does not result in additional costs for the customer. If the customer withdraws from the purchase contract, the provider is not obliged to return the funds received to the customer before the customer returns goods or supply evidence of having sent back the goods.
5.6. The provider is entitled to unilaterally set off the claim for damages against the claim of the customer to refund the purchase price.
5.7. Until receipt of goods by the customer, the provider is entitled to withdraw the purchase contract at any time. In this case, the provider returns the funds to the customer without undue delay, by means of cashless payment to the account of the customer.
5.8. If there is a gift provided to the customer along with the goods, the gift agreement between the provider and the customer is concluded with a subsequent condition that if there is a withdrawal from the contract, the gift agreement is cancelled and the customer is obliged to return the gift to the provider along with the purchased goods.
- Transport and delivery
6.1. In the event that method of delivery is negotiated on the basis of a specific request of the customer, the customer bears the risk and any additional costs associated with this method of delivery.
6.2. If the provider under the purchase contract is obliged to deliver the goods to the place specified by the customer in the order form, the customer is obliged to accept the goods on delivery.
6.3. If the customer must deliver the goods repetitively or in any other way than stated in the order, the customer is obliged to reimburse the costs associated with repetitive delivery of goods or costs associated with other delivery method.
6.4. When taking the goods from the carrier, the customer is obliged to check the integrity of the packing of goods, and in case of any defects immediately notify the carrier. If the package shows signs of damage or any other intrusion into the consignment, the customer may not take over the shipped goods.
- Rights of defective performance
7.1. The rights and obligations of the parties regarding the rights of defective performance shall be governed by the relevant legislation (in particular the provisions of § 1914-1925, § 2099-2117 and § 2161-2174 of the Civil Code).
7.2. The provider is responsible to the customer that, on receipt of the goods, the goods have no defect. In particular, the provider is liable to the customer that at the time of taking over the goods:
- 7.2.1. the goods have the qualities the parties have agreed and in case of such an absence of such agreement, the goods have the qualities the provider has described or the qualities the customer has expected given the nature of the advertising carried out by the provider,
- 7.2.2. the goods are suitable for the purpose which the provider has stated or the purpose such goods are normally used for,
- 7.2.3. the goods correspond to the agreed quality or design of the sample or model, if the quality or performance was determined in accordance with the agreed sample or model,
- 7.2.4. the goods are in the corresponding quantity, size, measure or weight and
- 7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions referred to in Article 7.2 of business conditions do not apply to goods sold at a lower price at fault for which the lower price was negotiated, the wear and tear of the goods caused by its common use, the used goods that the buyer took over and the damage responds with the amount of usage or if it results from the nature of the goods.
7.4. If a defect occurs within six months after the takeover, it is assumed that the goods were defective at the time of the takeover.
7.5. The customer enforces the rights of defective performance at the provider’s premises, where it is possible to taking into account the assortment of goods sold, possibly in the place of business. The moment the provider receives the goods from the customer, the claim is considered to be concluded.
7.6. Other rights and obligations of the parties related to the responsibility of the provider for defects can be modified in the complaints procedure of the provider.
- Other rights and obligations of the parties
8.1. The customer acquires ownership of the goods by paying for the full costs of goods.
8.2. The provider is not in relation to the customer bound by codes of conduct under § 1826 paragraph 1 point e) of the Civil Code.
8.3. Non-court complaints are provided by the provider via electronic address. Information about the handling of complaints is sent by the provider to the customer’s electronic address.
8.4. The provider is entitled to sell goods at a merchant. Trade control is carried out under its authority, the Trade Office. Supervision of privacy is exercised by the Office for Personal Data Protection. Czech Trade Inspection performs within the defined scope among others supervision over compliance with Act. no. 634/1992 Coll., consumer protection, as amended.
8.5. The customer hereby takes on himself the danger of changing circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
- Protection of personal data
9.1. Privacy of personal data of the customer who is a natural person is provided by Act no. 101/2000 Coll., on Protection of Personal Data, as subsequently amended.
9.2. The customer agrees to the processing of their personal data: name and surname, address, identification number, tax identification number, email address and telephone number (hereinafter collectively referred to as „personal data“).
9.3. The customer agrees to the processing of personal data by the provider, for the purpose of realization of rights and obligations under the contract and for the purpose of maintaining user account. If the customer does not choose another option, he agrees to the processing of persona data by the provider as well as for the purpose of sending commercial messages and information to the customer. Consent to the processing of personal data in their entirety under this Article is a condition which would in itself made it impossible to conclude a purchase agreement.
9.4. The customer acknowledges that he is obliged to state personal data (for registration, in his user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay inform the provider about the change in this personal data.
9.5. The provider may appoint a third party to process the personal data. Besides the carrier of the goods, personal data will not be given to a third party without a prior consent of the customer.
9.6. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form non-automated manner.
9.7. The customer confirms that the personal information is accurate and that he was advised that it is voluntary to provide personal information.
9.8. In the event that the customer thought the provider or processor (Art. 9.5) performs the processing of his personal data that in inconsistent with the protection of private and personal life of the customer or against the law, especially if the personal data are inaccurate with regard the purpose of processing, can:
- 9.8.1. ask the provider or processor for explanation,
- 9.8.2. require the provider o processor to correct the situation.
9.9. If the customer requests information regarding the processing of their personal data, the provider must deliver this information. The provider has the right to provide information pursuant to the preceding sentence and require reasonable compensation not exceeding the costs of providing the necessary information.
- Sending commercial messages and storing COOKIES
10.1. The customer agrees to receive information related to the goods, services or company of the provider to the customer’s email address and agrees to receive commercial communications of the provider to the customer’s email address.
10.2. The customer agrees with saving cookies on his computer. If the purchase on the website can be made without the storage of cookies as well as to fulfill the provider’s obligations from the purchase contract, the customer may cancel his agreement to save cookies at any time.
11.1. Notifications concerning the relationship between the provider and the customer, particularly concerning withdrawal from the purchase contract, must be notified by post by registered letter, unless otherwise stipulated. Notifications are notified to the appropriate contract address of the other contracting party and are regarded as delivered at the time of its delivery by post, with the exception of notification of withdrawal from the purchase contract made by the customer. In this case, the withdrawal is valid, if the notification is sent by the customer within the withdrawal period.
11.2. A notification shall be deemed to have been received, even if the takeover was rejected by the customer, if it was not collect during the storage time or if it was returned as undeliverable.
11.3. Common correspondence can be exchanged by email (the email address indicated in the user account of the customer or stated by the customer in the order form, the email address indicated at the website address of the provider).
- Final provisions
12.1. If the relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
12.2. If any provisions of the terms and conditions are invalid or ineffective, or become invalid or ineffective, a new provision with the closest meaning to the invalid provision is enforced. Invalidity or inefficiency of a provision does not relate to the validity of other provisions. Amendments and additions to the purchase contract or business conditions must be in written form.
12.3. The purchase contract including terms and business conditions is archived by the provider in electronic form and is not accessible.
12.4. Contact details of the provider: the address for service: Hoření Starý Dub 21, 46343, Český Dub, the Czech Republic, email address: firstname.lastname@example.org, telephone number: +420 774 805 096.
Liberec, 5th April 2017