BUSINESS MEMOIRS
The production of the offered products is made to order. The products listed in the e-shop are typical, produced only on the basis of a paid order.
Seller/contractor: Kostka Dřevěná, s.r.o., ID number 08298131, with registered office at Březnice 571, 76001 Zlín, registered in OR led by KS in Brno, dept. C, house no. 112965, represented by managing director Barbora Švajdová.
The conditions define and specify the rights and obligations of the seller and the buyer (customer, consumer).
Deviating provisions of the purchase contract (binding orders of the buyer confirmed by the seller) take precedence over the provisions of these terms and conditions.
All contractual relationships are concluded in accordance with the legal system of the Czech Republic. If the contracting party is a consumer, relations not regulated by business conditions are governed by the Civil Code No. 89/2012 Coll. and Act No. 634/1992 Coll., on consumer protection, as amended. If the contracting party is not a consumer, relations not regulated by business conditions are governed by Civil Code No. 89/2012 Coll.
Definitions
A consumer contract is a purchase contract, a work contract, or another contract or just an order, if the parties to the contract are the consumer on the one hand and the seller on the other.
When concluding and fulfilling the contract, the seller acts as part of his business or other business activity. It is an entrepreneur who directly or through other entrepreneurs delivers products or provides services to the buyer.
A consumer buyer or just a consumer is a person who, when concluding and fulfilling a contract, does not act as part of his business or other business activity.
A buyer who is not a consumer is an entrepreneur who purchases products or uses services for the purpose of doing business with these products or services. This buyer is governed by the terms and conditions to the extent that they apply to him.
The buyer does not have the right to withdraw from the contract according to the provisions of § 1829 et seq. of the Civil Code, even if he is a consumer, because according to the provisions of § 1837 letter l) of the Civil Code, the consumer cannot withdraw from the contract for the supply of goods that have been modified according to the wishes of the buyer (consumer) or for his person. Exceptions are standardized products (i.e. a cube measuring 33x33x38cm), carriers without surface treatment and other standard products in white or a combination of white and wood.
Purchase contract
The proposal for concluding a purchase contract is a binding order for goods sent by the buyer, and the purchase contract itself is only concluded when the seller's binding consent to this proposal is delivered to the buyer (delivery of confirmation of the binding order to the buyer).
By concluding the purchase contract, the buyer confirms that he has familiarized himself with these terms and conditions, including the applicable complaints procedure, and that he agrees with them.
Any consumer rights cannot be applied to gifts that are provided completely free of charge. Such goods meet the terms of the gift contract and all standards according to the applicable legislation of the Czech Republic.
Contradiction of the purchase contract
In the event that the item upon acceptance by the buyer is not in accordance with the purchase contract (hereinafter referred to as "contradiction with the purchase contract"), the buyer has the right to have the seller restore the item to a condition corresponding to the purchase contract free of charge and without undue delay, as required the buyer either by replacing the item or repairing it; if such a procedure is not possible, the buyer can demand a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the violation of the purchase contract before taking over the item or caused the violation of the purchase contract himself.
Delivery of goods, transfer of ownership and risk of damage to goods
Unless otherwise agreed, the place of delivery is personal pickup at the Seller's place of business or the place specified by the Buyer in the order.
The person authorized to take over the goods for the buyer will be precisely specified in the order. If the person authorized to take over the goods on behalf of the buyer is not specified in the relevant order, the seller is entitled to hand over the goods to any employee of the buyer or to a person whom the buyer informs the seller in writing (also by e-mail).
The costs of transport and packaging of the goods, packaging material are not included in the purchase price of the goods. If the buyer requests transport, the buyer is obliged to cover these costs beyond the agreed purchase price. The risk of damage to the goods, i.e. loss, damage, destruction or deterioration of the goods, passes to the buyer at the moment of acceptance of the goods by the buyer or when the goods are handed over to the buyer's first carrier, if this method of handing over the goods is agreed between the contracting parties.
If the buyer does not take delivery of the goods on the agreed date without reason, and does not do so within the additional period set by the seller, the buyer will be obliged to pay the costs of re-shipping the goods.
Ownership of the goods is transferred to the Buyer only after full payment of the purchase price to the Seller. According to this contract, the ownership right to the goods cannot arise by waiting.
Purchase price
The purchase price of the relevant goods will always be stated in the confirmed order. The seller is not a VAT payer.
Payment terms: you can pay cash on delivery at the carrier or in advance to the account. It is advisable to include the name of the buyer in the message to the recipient, if he is not sending the payment from his account. Payment in cash is not possible.
Complaint
When making a claim, the buyer is obliged to present proof of purchase of the relevant product whose defects are being complained about, possibly also a warranty card or otherwise prove that he purchased the goods from the Seller. We recommend making complaints in writing and must state:
- name, address, ID/TIN of the buyer, telephone connection, or e-mail address
- list of claimed goods,
- sales document number related to the goods,
- date of sale,
- all detected defects of the goods and other facts relevant to the assessment reclamation
- required method of handling the complaint
The buyer is obliged to ensure that the product is inspected upon receipt or as soon as possible after the risk of damage to the goods passes to the buyer. In the event of a legitimate exercise of rights arising from defective performance, the buyer has the right in particular to:
- for the delivery of a new item without defects, if the item does not have the characteristics specified in § 2161 of the Civil Code, unless this is disproportionate due to the nature of the defect.
- to replace a part if the defect concerns only parts of the thing.
- for the delivery of a new item, or replacement of a component even in case of a removable defect, if the buyer cannot properly use the item due to the repeated occurrence of the defect after repair or for a larger number of defects.
- for a reasonable discount, if the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item.
- for a reasonable discount even if the seller cannot deliver a new thing to the buyer without defects, replace its part or repair the thing, as well as if the seller fails to remedy within a reasonable time or that remedy would cause considerable inconvenience to the consumer
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace a part of it or to repair the item, he can demand a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part or repair the item, as well as if the seller does not remedy the situation in a reasonable time or if the remedy would cause significant difficulties for the buyer.
The buyer does not have the right to exercise rights from defective performance in the following cases:
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- if the warranty period has expired for the claimed goods
- by mechanical or other damage to the goods when used under conditions other than those for which the goods are manufactured, tested, or by improper assembly or handling.
The buyer does not have a right from defective performance, if the defects are of which he was informed by the seller at the time of the conclusion of the contract or which he had to recognize by exercising usual care when concluding the contract. The warranty and liability for defects further does not apply to defects caused by functional changes to the goods made by the buyer or end user, or incorrect installation of the goods, use of the goods contrary to the written instructions of the seller or neglect of the necessary maintenance of the goods.
The buyer does not have a right from the warranty if an external event caused the defect after the risk of damage to the goods has passed to the buyer.
If the item has a defect for which the seller is liable, and if it is an item sold at a lower price or a used item, the buyer has the right to a reasonable discount instead of the right to exchange the item.
Length of warranty
The seller provides a 24-month warranty on the products, unless a different length of the warranty period has been agreed for specific cases.
The warranty period begins on the day the product is received and is extended by the time the product is under warranty repair.
Method of handling the complaint
A legitimate complaint about the incompleteness of the delivery will be resolved by supplementing the delivery or credit note for the undelivered goods no later than 30 days after the complaint is submitted.
If the buyer makes a claim, the seller is obliged to make a decision on the claim immediately, in complex cases within three working days, after the necessary examination of the factual and legal circumstances, or within this period he will notify the buyer that a professional decision is necessary defect assessment. The complaint, including the removal of the defect, must be dealt with without undue delay, no later than 30 days after the complaint is made by the buyer, unless a longer period is agreed with the buyer.
A legitimate claim for product defects refers only to the description of the defect provided by the buyer.
Complaints are handled exclusively at the seller's place of business, or at a place as agreed.
The cost of transporting the claimed goods to/from the place of claim in case of an obviously unauthorized claim is borne by the buyer.
Claimed products sent by the buyer at the seller's expense (cash on delivery) will not be accepted, unless this has been previously agreed in writing with the seller.
In cases not mentioned in this complaint procedure, the procedure will be in accordance with the relevant provisions of the Civil Code or, where applicable, the Act on Consumer Protection.
Protection of personal data
The buyer agrees that the provided personal data will be processed and stored by the seller for the purpose of fulfilling the subject of the contract. The buyer has the right to be informed about what data the seller records about him, and he is entitled to change this data, or to express his disagreement with their processing in writing. Personal data of customers are fully protected against abuse. The seller does not pass on the personal data of customers to any other person. The exception is external carriers, to whom personal data of customers is transferred to the minimum extent necessary for the delivery of goods.
Personal data protection is supervised by the Office for Personal Data Protection.
Individual contracts are archived by the operator after their conclusion, in electronic form, and are accessible only to the store operator.
Final Provisions
These terms and conditions apply as stated on the seller's website www.kostkadrevena.cz, on the day the purchase contract is concluded. After its confirmation, the consumer's binding order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment and further records. The contract can be concluded in the Czech language.
These terms and conditions allow the consumer to archive and reproduce them. At the moment of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions in the wording valid on the day the binding order is sent, including the price of the ordered goods stated in the confirmed order, unless otherwise demonstrably agreed in a specific case.
Supervision of compliance with obligations under Act No. 634/1992 Coll., on consumer protection, as amended, is carried out by the Czech Trade Inspection (www.coi.cz).
These terms and conditions take effect on 4 March 2020
PRIVACY PROTECTION
I. Basic provisions
1. According to Article 4 point 7 of the Regulation of the European Parliament and the Council (EU) 79 2016/6 on the protection of physical persons of persons in connection with the processing of personal data and the free movement of such data (hereinafter: "GDPR") is Kostka Dřevěná s.r.o., IČ 08298131, with registered office at Březnice 571, 76001 Zlín, registered in OR Brno, C 112965, represented by manager Barbora Švajdová (hereinafter: "administrator").
2. Administrator contact details are
address: Březnice 571
email: kostka.drevena@seznam.cz
phone: 777664794
3. Personal data means any information about an identified or identifiable natural person; an identifiable natural person is a natural person who can be directly or indirectly identified, in particular by reference to a certain identifier, for example a name, identification number, location data, network identifier or to one or more special elements of physical, physiological, genetic, psychological, economic, cultural or social identity of this natural person.
4. The administrator appointed a personal data protection officer.
II. Sources and categories of processed personal data
1. The administrator processes personal data that you have provided to him/her or personal data obtained by the administrator based on the fulfillment of your order .
2. Správce zpracovává Vaše identifikační a kontaktní údaje a údaje nezbytné pro plnění smlouvy.
III. Legal reason and purpose of personal data processing
1. The legal reason for processing personal data is
• fulfilment of the contract between you and the administrator according to Article 6, paragraph 1 letter b) GDPR,
• administrator's legitimate interest in providing direct marketing (especially for sending business messages and newsletters) according to Article 1, paragraph 6. . f) GDPR,
2. The purpose of personal data processing is
• processing of your order and performance of rights and obligations arising from the contractual relationship between you and the administrator; when placing an order, personal data are required that are necessary for the successful processing of the order (name and address, contact), the provision of personal data is a necessary requirement for the conclusion and fulfillment of the contract, without the provision of personal data it is not possible to conclude the contract or fulfill it on the part of the administrator,
• sending business messages and doing other marketing activities.
3. Ze strany správce nedochází k automatickému individuálnímu rozhodování ve smyslu čl. 22 GDPR. You have given your express consent to such processing.
IV. Data retention period
1. Administrator keeps personal data
• for the period necessary to exercise the rights and obligations arising from the contractual relationship between you and the administrator and the application of contractual relationships (from these claims for a period of 15 years from the termination of the contractual relationship).
2. After the personal data retention period has expired, the administrator will delete the personal data.
V. Recipients of personal data (subcontractors of the administrator)
1. Recipients of personal data are persons
• participating in the delivery of goods / services / realization of payments based on the contract,
• providing e-shop operation services and other services in connection with e-shop operation,
• providing marketing services.
2. The Administrator does not intend to transfer personal data to a third country (a country outside the EU) or an international organization. -3194-bb3b-136bad5cf58d_
VI. Your rights
1. Under the conditions set out in the GDPR, you have
• the right to access your personal data according to Article 15 GDPR,_cc781905-5cde-bb3b-136bad5cf58d_
• the right to correct personal data according to Article 16 GDPR, or restriction of processing according to Article 189cde-749-189de-749c-189de-740-5cc GDPR. -bb3b-136bad5cf58d_
• right to deletion of personal data according to Article 17 GDPR.
• right to object to processing according to Article 21 GDPR
• right to data portability according to Article 20 GDPR.
2. Furthermore, you have the right to file a complaint with the Office for the Protection of Personal Data if you believe that your right has been violated for the protection of personal data.
VII. Terms of security of personal data
1. The administrator declares that he has taken all appropriate technical and organizational measures to secure personal data.
2. The administrator has taken technical measures to secure data stores and personal data stores in paper form.
3. The administrator declares that only authorized persons have access to personal data.
VIII. Final Provisions
1. By submitting an order from the online order form, you confirm that you are familiar with the terms of personal data protection and you accept.
2. The administrator is authorized to change these conditions. It will publish the new version of the personal data protection conditions on its website and at the same time send you the new version of these conditions to your e-mail address, which you have provided to the administrator.
These terms and conditions take effect on March 4, 2020
WHOLESALE
For wholesale conditions, please contact me by email: kostka.drevena(at)seznam.cz
PAYMENT TERMS and SHIPPING
- advance payment on account, on the order with custom products, I start work only after payment
- payment by credit card
- cash on delivery is not possible
- packages are sent via DPD, international shipping - please inquire in advance (except for Slovakia)
- smaller items can be sent by Zásilkovna - please inquire in advance
- personal collection by prior agreement