These Terms and Conditions (hereinafter referred to as „T&C“) of the seller – Mr. Štefan Čonka, Jana Palacha 1636, 27201 Kladno, IČ: 74269305 (hereinafter referred to as “seller”) govern the mutual rights and obligations of the contract parties arisen in regard to or based on a Purchase Agreement (hereinafter “purchase agreement”) concluded between the seller and another individual (hereinafter “buyer”) by the means of an e-shop of the seller, in accordance to the § 1751 paragraph 1 Act No. 89/2012 Coll. of the Civil Code (hereinafter “Civil Code”). The e-shop is ran by the seller on the webpage www.cosmangacraft.com, (hereinafter “webpage”) through a web interface (hereinafter “web interface”)
All contractual relationships are concluded in accordance with the legislation in the Czech Republic. If the contractual party is a consumer, the relationships not governed by the T&C are subject to the Civil Code (no. 89/2012 Coll.) and Consumer Protection Act (no. 634/1992 Coll.). If the contractual party is not a consumer, the relationships not governed by the T&C are subject to the Civil Code (no. 89/2012 Coll.).
These Terms and Conditions can be amended or modified by the seller. This has no effect on the rights and obligations arisen during the effective period of the previous version of Terms and Conditions.
The customer of our e-shop is a Buyer. Based on the valid legislation, we differ between a Buyer that is a consumer and a Buyer that is not a consumer.
A buying consumer or just a “consumer” is everyone whoany individual who, outside of his or her business activities or separate course of business, enters into a contract or has dealings with the entrepreneur.
A Buyer that is not a customer is an entrepreneur. For an entrepreneur is also considered anyone who enters into a contract in relation to his or her own business, manufacturing or similar activity or related to his or her own business activities or separate course of business, or a person who acts on behalf of an entrepreneur.
Every presentation of goods located in the Web interface of the e-shop has only informative nature and the Seller is not obliged to conclude the Purchase Contract about such goods. The provision § 1732 par. 2 of the Civil Code shall not be applied.
The Web interface of the e-shop contains information about goods including prices and return costs of the goods if because of its nature such goods cannot be returned using common postal method. Prices of goods already include VAT and all related fees. Prices of goods are valid for the duration when they are displayed in the Web interface of the e-shop. This provision does not limit Seller’s right to conclude the Purchase Contract under individually negotiated conditions.
The Web interface of the e-shop also contains information about costs connected with the packaging and delivery of goods.
In order to order goods the Buyer shall fill in the order form in the Web interface of the e-shop. The order form contains information especially about:
Before the Order is sent to the Seller the Buyer can check and modify information which it has inserted into the Order and the Buyer can also check and correct possible errors which can occur when the Order is completed by the Buyer. The Buyer shall send the Order to the Seller by clicking the button “Order”. The Seller considers Buyer’s information in the Order to be correct. The Seller shall notify the Buyer that it received the Order immediately through the electronic mail to Buyer’s electronic address mentioned in its User Account or in the Order (hereinafter only as the “Buyer’s electronic address”).
Based on the nature of the Order (amount of goods, purchase price, expected transport costs) the Seller has the right to always ask the Buyer to additionally confirm its Order (e.g. in writing or by phone). The Seller is entitled, especially in the case that the Buyer does not additionally confirm the order, to demand full payment of the price before shipping the goods to the customer. The provision § 2119 of the Civil Code shall not be applied.
The contractual relationship between the Seller and the Buyer comes into existence when the Seller’s confirmation of the Order (acceptance) which is sent by the Seller to Buyer’s electronic address is delivered to Buyer’s electronic address.
The Buyer agrees with the fact that the Purchase Contract will be concluded using the means of distance communication. Buyer’s costs connected with use of the means of distance communication in relation to the conclusion of the Purchase Contract (internet connection, phone calls) shall be paid by the Buyer itself and such costs are not different from the basic rate.
The Seller claims, among other things, the right to cancel the order or its part before concluding the Purchase Contract or before shipping the goods to the customer especially in these cases: the goods is not manufactured or supplied any more, the price of the goods has substantially changed, or the Seller unintentionally declared an incorrect statement about the availability or amount of goods. In case that the Buyer already paid a part or the total price of the goods, the paid amount will be transferred back to his or her account and the Purchase Contract will not be concluded.
The Buyer acknowledges the fact that if any presents are provided with the goods, the donation agreement between the Seller and the Buyer is concluded on the resolutory condition that if the Buyer utilizes his right of withdrawal, the gift agreement becomes void and the Buyer is obliged to return with the goods also any gifts received along it. In case of not returning the gifts, this will be considered an unjust enrichment of the customer. If such a gift is not returned even after an additional appeal from the Seller’s side, the Seller claims the right to subtract the value of the gift from the returned amount.
The complaint procedure rules are drawn up in accordance with the applicable provisions of Act No. 89/2012 Coll., Civil Code. The rights and obligations of the Seller and the buyer in respect of the Seller’s warranty for goods quality during takeover and the customer’s rights from defective performance are governed, in particular, by the provisions of sections § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and by the applicable provisions of the Consumer Protection Act No. 89/2012 Coll.
The Seller is responsible for ensuring that the goods have no defects at the time of the takeover. Especially, the Seller is responsible to the Buyer that
The aforementioned provisions of the Terms and Conditions shall not apply for goods sold for lower price because of defect that was the reason for agreed lower price, for regular wear and tear of the goods caused by common use, for used goods in case of a wear according the level of use or a wear that the goods displayed at the time of the takeover, or if necessary by the nature of the goods.
If a defect manifests itself in six months from the takeover, it is considered to have said defect at the time of the takeover.
The rights arising from defective performance are exercised by the Buyer at the address of the Seller’s vendor site, provided the offered sortiment of goods allows for this solution, or eventually at the address of the Seller’s business or site. For the moment of filing a complaint, the moment of receiving the defective goods from the Buyer is considered. For extrajudicial resolving of customer disputes, the Czech Business Inspection at Štěpánská 567/15, 120 00 Praha 2, IČ: 00020869, coi.cz, is entitled.
Further rights and obligations related to the responsibility of the Seller for the defects are stated in the Complaints Procedure, an inseparable and enclosed part of these Terms and Conditions.
If the Purchase Contract is concluded by the means of long-distance communication, pursuant to Section 1829 of the Civil Code, the Buyer, if he or she is a consumer has the right to withdraw from the Purchase Contract within fourteen (14) days since the takeover of goods and if a subject of the Purchase Contract is more type of goods or delivery of more parts then such period begins when the last part of goods is delivered. Any withdrawal from the Purchase Contract has to be sent to the Seller within the period defined in previous sentence.
In the case that the consumer wishes to exercise the right of withdrawal in the 14-days period, he or she contacts the Seller and, in an ideal case, informs the seller by writing that he or she withdraws from the contract, stating the number of the order, date of order and the account number for reimbursement of the paid price.
For the withdrawal from the Purchase Contract the Buyer can use the sample form provided by the Seller which is attached to those Terms and Conditions. The Buyer can send the withdrawal to the address of Seller’s shop or to Seller’s electronic mail: firstname.lastname@example.org
In the case of the withdrawal from the Purchase Contract according to the Article 5.2 of those Terms and Conditions the Purchase Contract becomes invalid since the beginning of its validity. Goods shall be returned to the Seller within fourteen (14) days since the withdrawal from a contract. If the Buyer withdraws from the Purchase Contract then it shall pay all costs connected with the return of goods back to the Seller and even in the case when any goods cannot be returned by common postal method because of its nature.
In the case of the withdrawal from the Purchase Contract according to the Article 5.2 the Seller shall return all money received from the Buyer to the Buyer within fourteen (14) days since the withdrawal from a contract in a same way as it was received from the Buyer. The Seller also has the right to return all money provided by the Buyer when goods is returned by the Buyer or in other way if the Buyer will accept it and there will not be any additional costs for the Buyer. If the Buyer withdraws from the Purchase Contract then the Buyer does not have to return received money to the Buyer before the Buyer returns goods to the Seller or proves that goods has already been sent back to the Seller.
The goods shall be returned to the Seller in a complete, non-damaged and clean state, ideally in an original packaging, and in the state and value as taken over by the Buyer. If the returned goods is damaged, the Seller can exercise his right to claim damages on the Buyer and impose such damages on the amount of money equal to the price returned to the customer. In that case, the Seller returns to the Buyer such a lowered price.
The Seller can also impose his real costs related to the goods being returned to the returned price.
The contracts that the Customer cannot withdraw from are listed in provision § 1837 of the Civil Code.
The Buyer has the right to withdraw from the Purchase Contract the Seller also has the right to withdraw from the Purchase Contract until the moment when goods is taken over by the Buyer. In such case the Seller shall return the purchase price to the Buyer without any unreasonable delay and to the bank account specified by the Buyer.
In the case that the means of transport are agreed upon based on a special request of the Buyer, the Buyer bears the risks and eventual additional costs related to the chosen means of transport.
If the Seller is obliged to deliver the goods to a place defined by the Buyer in the order, the Buyer is obliged to take over the goods when delivered.
In the case that because of reasons on the Buyer’s side it was necessary to repeatedly attempt delivery or to deliver by different means than chosen in the order, the Buyer is obliged to cover the costs arisen from the repeated delivery or different means of delivery.
During the takeover from the transport company, the Buyer is obliged to check that the packaging is not damaged and if there is any damage, to inform the transport company. In case of an observed damage hinting at unlicensed intrusion the Buyer has the right to not take the goods over from the transport company.
Further rights and obligations for the transport of the goods can be defined in special delivery terms of the Seller, if the Seller issues them.
Customers’ personal data is stored in accordance with current Czech laws, primarily Act No. 101/2000 Coll., on Personal Data Protection, as amended.
The Buyer agrees to use of the following personal data: name and surname, address, IČO, DIČO, e-mail address, phone number (hereinafter together as „personal data“)
The Buyer agrees to collecting and processing of his or her personal data by the Seller, in order to exercise the rights and obligations arisen from the Purchase Contract and to manage the user account. If not chosen otherwise by the Buyer, the Buyer also agrees to use of the personal data for sending commercial information and communications to the Buyer. The agreement with the collection and processing of personal data in the full extent of this article is not a condition prohibiting by itself the conclusion of the Purchase Contract.
The supplier does not give out customers’ personal data (including any contact data) to any third party. Exceptions include (i) external carriers delivering the goods to the Buyer and the banks realizing the payment per the Purchase Contract.
The Buyer acknowledges that he or she is obliged to state his personal data (during registration, in his user account, during making an order from the web interface) correctly and according to truth, and that he or she is obliged to inform the Seller about any change in his or her personal data without any undue delay.
The Seller can task a third party - a processor - with the processing of the personal data of the Buyer. Except the people responsible for delivery of the goods, the personal data of the Buyer will not be shared with any third party without previous consent.
The personal data will be processed for an indeterminate time. The data will be processed in electronic form by automatized means, or in printed form by non-automatized means.
The Buyer confirms that the provided personal data are accurate and that he or she was informed that the sharing of the personal data is voluntary.
In the event that the Buyer thinks that the Seller or processor (Art. 9.5.) processes Buyer’s personal data inconsistently with the protection of private and personal life of the Buyer, or against the law, especially if the personal data is inaccurate with respect the purpose of processing, the Buyer can:
If the Buyer requests information about the processing of his or her personal data, the Seller must provide this information. The Seller shall provide information mentioned in the preceding sentence and may require compensation for it not exceeding the reasonable (usual) cost of providing such information.
The personal data will be processed for an indefinite amount of time. By entering into the contract, the customer acknowledges and agree with the processing and collection of their personal data in our database following the successful fulfilment of the contract. The consent of the Buyer is voluntary and can be revoked anytime, free of charge, in writing to the address Štefan Čonka, Jana Palacha 1636, 27201 Kladno, or to the e-mail address email@example.com. The Buyer acknowledges that providing personal data is to a certain extent necessary for concluding a Purchase Contract or delivery of goods.
Such processing and collecting of personal data may be used in the future by the seller for the purpose of offering goods or services (if any) to the customer. The customer shall have the right to access their personal data and to their correction, including other statutory rights in accordance with Section 21 of Act No. 101/2000 Coll., on the Protection of Personal Data. The provision of personal data is voluntary on the part of the data subject, nonetheless, the conclusion of a purchase contract or other obligation is subjected to their disclosure.
The Buyer confirms that the Seller hereby informs the buyer as the subject of the data and provides said subject with express instructions with regard to the subject’s rights arising from Personal Data Protection Act no. 101/2000 Coll., sections 11 and 21 of this act, i.e. especially that the subject of the data is entitled to access the data, is entitled to demand an explanation from the Seller or the processor in the case that he or she thinks that the processing of his or her personal data is performed in breach of confidentiality or law, and to request the appropriate correction such as the cessation of the given actions on the part of the Seller or the processor, the elimination of the arisen state of affairs, the correction, supplementation, blocking or elimination of the personal data. The Buyer is aware that if the Seller or processor does not comply with his demand, the Buyeri is also entitled to contact the Office for Personal Data Protection. The Buyer acknowledges that the aforedescribed procedure does not exclude the option of contacting the Office for Personal Data directly. The Buyer acklowledges that the Seller recommends to contact the Seller first in such case, before contacting the Office for Personal Data as the subject of the data.
The Buyer agrees to use long-distance means of communication when concluding the Purchase Contracts. The costs incurred by the Buyer by using those long-distance communication means (internet connection, phone calls) are covered by the buyer himself of herself.
The Buyer receives the rights of ownership of the goods by paying the full price of the goods.
The Seller is not bound by any codes of behavior towards the Buyer, as defined by provision § 1826 par. 1 lett. e) of the Civil Code.
The Buyer can be contacted on the e-mail address stated in his or her user account or the one stated in the order.
Customer complaints are processed by the Seller through the e-mail address firstname.lastname@example.org. The info about processing the complaint will be sent by the Seller to the e-mail address of the Buyer.
The Seller is entitled to sell goods on the basis of a trade license. Trade inspections are carried out by a responsible Trade Licensing Office under its jurisdiction. Personal data protection supervision is conducted by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among others, to the stipulated extent supervision over the compliance with Act no. 634/1992 Coll., On Consumer Protection, as amended.
These Terms and Conditions are valid in the form as published on the web pages of the Seller on the day of the Purchase Contract is concluded. The Buyer’s order is, after confirmation, archived as a Purchase Contract between the Buyer and the Seller for further evidence and fulfillment, and its state is accessible to the Buyer. The contract can be concluded in Czech language. By the purchase, the Customer agrees with being sent commercial communications.
These Terms and Conditions allow Consumer to archive and reproduce them. At the moment of concluding the Purchase Agreement the Buyer accepts all provisions of the Terms ans Conditions valid on the day of sending the order including the price of the ordered goods as stated in confirmed order, unless it can be for an individual case beyond any doubt proved otherwise.
These Terms and Conditions were updated most recently on December 29th, 2016.