Terms & Conditions
1. Introductory Provisions
1.1. Internet shop Znamky.cz (hereinafter referred to as "Internet shop") - 1.1.1. cz is operated by the company Tereza Veselá, doing business on the basis of the Czech trade license number (IČO) - 71375783.
1.2.
- 1.2.1. It is a natural or legal person who purchases products or uses services for a purpose other than to conduct business with those products or services. (Hereinafter referred to as "Consumer Buyer"). - 1.2.2 Legal relations of the Seller with the Consumer not expressly regulated by these GTC shall be governed by the relevant provisions of Act No. 40/1964 Coll., the Civil Code, Act No. 634/1992 Coll., on Consumer Protection, as well as related regulations, all as amended from time to time. - 1.2.3. Non-consumer Buyer - is an entrepreneur who purchases products or uses services for the purpose of his/her business with these products or services, as well as all persons referred to in Section 261, Paragraphs 1 and 2 of the Commercial Code (hereinafter referred to as "Entrepreneur Buyer"). 1.3 General Terms and Conditions - 1.3.1 These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are an integral part of the Purchase Contract concluded between the Operator and the Buyer, they regulate the mutual rights and obligations of the parties arising from the Purchase Contract. - 1.3.2 By concluding the Purchase Agreement, the Buyer indicates his/her agreement to the Terms and Conditions in their full and unabridged version. - 1.3.3. Unless the Purchase Contract or its annexes expressly state a different provision or the validity of certain provisions of these Terms and Conditions is excluded or otherwise modified by the Purchase Contract or other express agreement between the Operator and the Buyer, these Terms and Conditions shall otherwise apply to the mutual relations of the parties. 1.4 Definitions and interpretation of terms - 1.4.1. Purchase Contract - a purchase contract concluded in electronic form between the Operator as the Seller and the Buyer. - 1.4.2 The Terms and Conditions form an integral part of the Purchase Agreement. - 1.4.3. - 1.4.4.
2. Offer of goods, order, conclusion of the purchase contract, method of transport and payment
2.1. - 2.1.1. The offer of goods means the selected goods offered via the catalogue on the puntiky.cz website 2.2 Order - 2.2.1. The Buyer can create an order using the form on the Internet shop website. - 2.2.2. When creating an order using the form on the Internet Shop website, the Buyer first selects the goods he is interested in. After selecting the desired quantity, the method of transport (see Article 2.4.1 of these Terms and Conditions) and the method of payment (see Article 2.5.1 of the same), the Buyer confirms his order, thereby submitting a binding proposal for the conclusion of a purchase contract between the Buyer and the Operator. 2.3 Conclusion of the Purchase Agreement - 2.3.1 The Operator undertakes to accept the Buyer's proposal for a Purchase Contract, provided that such proposal does not conflict with the Terms and Conditions. The Operator shall confirm the acceptance of the proposal by e-mail to the Buyer's e-mail address. - 2.3.2. The contractual relationship between the Operator and the Buyer is established by the delivery of the acceptance of the Order (so-called acceptance), which is sent by the Operator to the Buyer to the e-mail address provided by the Buyer in the Order. - 2.3.3. Costs incurred by the Buyer when using remote means of communication in connection with the conclusion of the Purchase Contract (costs of Internet connection, costs of telephone calls) shall be borne by the Buyer himself. 2.4 Method of transport - 2.4.1. Unless otherwise agreed in the Purchase Contract, the method of delivery of the goods under the Purchase Contract shall be determined by the Seller. In the event that the method of delivery is agreed upon at the request of the Buyer, the Buyer shall bear the risk associated with such method of delivery, including any additional costs for the chosen method of delivery. - 2.4.2. - 2.4.3. The Operator reserves the right to add the cost of sending the goods to the price of the order according to the current price list. - 2.4.4. In the case of sending goods abroad, the Operator reserves the right to add additional costs for shipping abroad to the standard shipping price according to the current price list. 2.5 Method of payment - 2.5.1. The Operator offers a choice of 2 payment methods: cash on delivery and bank transfer. - 2.5.2. Payment by cash on delivery means payment of the order upon receipt of the order from the carrier. This option is only available when the shipping option is "sending the ordered goods via carrier". The Operator reserves the right to add the cost of cash on delivery to the price of the order according to the current price list. - 2.5.3. For the fastest possible processing of the order, the Operator recommends to make the payment under the variable symbol, which is the order number and which the Buyer will receive upon completion of the order. - 2.5.4 All changes and price changes on the online shop are subject to change. The offer (including promotional items, sales and leaflet promotions) is valid while stocks last, and the number of promotional items is always indicated in the offer or for a specified period of time. Price is valid at the time of ordering. 2.6 Legal rights and obligations under the purchase contract - 2.6.1 The Operator is obliged to deliver the ordered goods to the Buyer at the agreed price and the Buyer is obliged to pay the purchase price. - 2.6.2 In the event of a breach of the terms of the Purchase Agreement and the Terms and Conditions by the Buyer, the Operator reserves the right to withdraw from the Purchase Agreement. Furthermore, in such a case, the Buyer is obliged to pay the Operator all costs associated with his order, in particular the costs of sending the goods if he does not accept them. 2.7 Discount coupons and vouchers - 2.7.1 The Operator also provides various types of discounts on the offered goods in the form of discount coupons and vouchers, which most often contain discount codes. - 2.7.2. Discount coupons and vouchers cannot be used for goods on sale and for goods marked as the "catch of the day". - 2.7.3. Discount codes may not be redeemed repeatedly unless expressly stated on the discount coupon or voucher. - 2.7.4. Discount coupons and vouchers cannot be combined with each other or used at the same time unless expressly stated on the discount coupon or voucher. - 2.7.5 One user is only entitled to one discount coupon per registration, regardless of the number of registered email addresses. - 2.7.6 In the event that a discount or discount coupon is redeemed in contravention of the rules of the discount, discount coupon or voucher in question, the Operator shall have the right to refuse such redemption of the discount or discount coupon or voucher. In such case, the user shall be informed and offered the option to complete the order without such discount. In the event that any ambiguity arises in the interpretation of the discount or discount voucher rules, the operator's interpretation shall apply.
3. Delivery of goods
3.1. - 3.1.1 The delivery period, if specified for the Goods, is for information only and is not binding on the Operator. - 3.1.2 The Operator undertakes to dispatch the Goods to the Buyer as soon as reasonably practicable. - 3.1.3 The Operator shall not be liable for any damages caused by delay in dispatch or delivery of the Goods for any reason whatsoever. 3.2 Carriage, delivery and acceptance of goods - 3.2.1 Subject to clause 2.6.1, the Buyer shall take delivery of the Goods. Failure to take delivery of the goods shall be deemed a breach of the Terms and Conditions by the Buyer. - 3.2.2. - 3.2.3. The invoice (sales receipt) is not included in the delivery, the Operator shall send it within 3 working days from the delivery of the goods to the e-mail specified by the Buyer. - 3.2.4. Upon receipt of the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. In the event that the packaging is found to be damaged, indicating that the shipment has been tampered with, the Buyer is advised not to accept the shipment from the carrier and to fill in a record of the damage to the shipment. By signing the delivery note, the Buyer confirms that the packaging of the shipment containing the goods was intact. - 3.2.5. The Buyer is obliged to claim for mechanical damage to the product, non-conforming goods, etc., which were not apparent when taking delivery of the consignment from the carrier, immediately after their discovery.
4. Withdrawal from the purchase contract
4.1. - 4.1.1. If the purchase contract is concluded by means of distance communication (in the online shop), the Buyer-Consumer has the right to withdraw from the contract within 14 days of receipt of the goods without giving any reason and without any penalty, in accordance with § 53 (7) of the Civil Code. In such a case, the Buyer-Consumer shall contact the Seller and preferably indicate in writing that he/she is withdrawing from the contract with the order number, date of purchase and account number for the refund. The withdrawal must be delivered to the Operator no later than the last day of the 14-day period. The consumer does not have the right of withdrawal in the case of contracts: - (a) for the provision of Services, if the performance of the Services has been commenced with his consent before the expiry of the period of 14 days from the receipt of the performance, - b) for the supply of Goods or Services, the price of which depends on financial market fluctuations independent of the Seller's will, - c) for the supply of Goods which have been adapted to the Buyer's wishes or for the Buyer's person, as well as Goods which are subject to perishability, wear and tear or obsolescence, - d) for the supply of audio and video recordings and computer programs if the Buyer has damaged their original packaging, - e) for the supply of newspapers, periodicals and magazines, - f) consisting in a game or lottery. - The Operator extends to the Buyer-consumer the right to withdraw from the purchase contract concluded by means of distance communication (in the online shop) for 90 days from the receipt of the goods, without giving any reason and without penalty, but after 14 days from the receipt of the goods only if the Buyer meets the following conditions: a) The goods are complete and in their original packaging undamaged b) The goods are demonstrably unused, if they are partly or wholly protected by copyright law, or if they are intended for single consumption - 4.1.2 In the event of exercising the right of withdrawal within 14 days of receipt of the performance, the Buyer-Consumer must also hand over to the Operator everything he/she has received under the contract of sale. If this is no longer possible (e.g. the goods have been destroyed or consumed in the meantime), the Buyer-Consumer must provide monetary compensation in return for what can no longer be delivered. If the returned goods are only partially damaged, the Operator may claim damages against the Buyer-Consumer and set off its claim against the returned purchase price. In such a case, the Operator is obliged to prove the damage incurred. In such a case, the Operator shall only refund the Purchaser-Consumer the reduced purchase price. The Operator may also add to the purchase price to be refunded to the Buyer its actual costs incurred in returning the goods. The non-consumer Buyer cannot exercise the option to withdraw from the Purchase Contract if: a) The original packaging of the goods has been damaged or destroyed b) The goods have been used repeatedly after receipt c) The goods have been damaged in transit or damaged by the Buyer d) The Buyer fails to present the delivery note for the goods e) The Buyer fails to return the goods complete (including accessories, warranty card, instructions, etc.). - 4.1.3 Cancellation must be made in writing or by email, in the cancellation the buyer shall state, among other things, the order number (as stated in the order confirmation) and the date of purchase. - 4.1.4. If the Buyer - consumer rightfully withdraws from the purchase contract, the Operator is obliged to return the purchase price of the goods to the Buyer in full, if payment for the goods has already been made. The Operator has the right to reduce the amount refunded by the costs incurred in processing the order. The purchase price will be transferred to the account specified by the Buyer in the withdrawal, otherwise to the account from which the payment was received. In case of cash payment, the purchase price will be sent by postal order to the Buyer's address. The Operator shall refund the amounts paid to the Buyer-Consumer within 30 days of the withdrawal. - 4.1.5 If the Buyer-Consumer rightfully withdraws from the purchase contract, he/she is entitled to use the label "return shipment" and not to pay the postage. In the event that the label is not available, the Operator shall refund the postage costs of CZK 65. The amount of the refund is based on the price list of the Czech Post. If the Buyer - consumer delivered the goods personally, the refund of postage is not due. If the Buyer - consumer returns the goods from one order in multiple shipments, he is entitled to use one label, or he is refunded only one postage fee of 65 CZK. - 4.1.6. If the Buyer withdraws from the purchase contract unjustifiably and sends the goods to the Operator anyway, the goods will not be accepted or will be sent back at the Buyer's expense. 4.2 Withdrawal from the purchase contract by the Buyer - entrepreneur - 4.2.1. The Buyer - entrepreneur is entitled to withdraw from the Purchase Contract for material breach of the Purchase Contract by the Operator, in particular if the Operator is in delay with delivery of the goods for more than 0 days. - 4.2.2 The withdrawal must be made in writing by e-mail, in the withdrawal the Buyer shall indicate the order number (indicated in the order confirmation) and the date of purchase. - 4.2.3. In the event of a valid withdrawal from the purchase contract, the Operator shall refund the purchase price to the Purchaser 4.3 Withdrawal from the purchase contract by the Operator - 4.3.1. The Operator takes care to have a good orientation in the market of the sold assortment, nevertheless, exceptionally, there may be situations when it is not able to deliver the ordered goods under the conditions agreed in the purchase contract. The Operator therefore reserves the right to withdraw from the purchase contract in such cases. - 4.3.2 The Operator and the Buyer shall also have the right to withdraw from the Purchase Contract if there have been significant changes in the prices of the supplier of the ordered goods, if there have been significant changes in the prices of transport of the goods and the Buyer has not accepted the relevant change to the Purchase Contract, i.e. an increase in the price of the goods or an increase in the cost of transport. - 4.3.3 If the Operator withdraws from the Purchase Contract, it shall immediately inform the Buyer thereof by e-mail to the address provided by the Buyer when creating the order. Furthermore, it is obliged to refund the full purchase price of the goods to the Buyer, if this has already been paid.
5. Quality Guarantee and Complaints
5.1. - 5.1.1 Unless otherwise stated, the warranty period is 24 months from the date of acceptance of the goods by the Buyer. - 5.1.2. If the goods are not accompanied by a warranty certificate, the delivery note or sales receipt shall act as the warranty certificate. - 5.1.3. The warranty shall expire upon expiry of the warranty period, breach of protective seals and stickers, if the goods contain them, improper installation of the goods or use of the goods contrary to the supplied instructions for use. - 5.1.4. The warranty does not cover defects in the quality of the goods caused by wear and tear from normal use, defects caused by improper use of the goods or use of the goods in contravention of the instructions supplied; furthermore, the warranty does not cover mechanical and physical damage to the goods occurring after their acceptance by the Buyer. - 5.1.5 The goods intended for single use are subject to a shortened warranty period in accordance with the relevant laws. - 5.1.6 The pictorial documentation in the catalogue of goods on the Internet Shop website is for information purposes only and the quality guarantee does not cover differences between the pictures and the reality. - 5.1.7 In the event that the delivered goods are missing accessories or documentation, the Buyer is entitled to have them sent additionally; the Operator is obliged to deliver the missing accessories or goods within a reasonable period of time (within 30 days at the latest), otherwise the Buyer is entitled to withdraw from the purchase contract. 5.2 Quality guarantee for Buyers - entrepreneurs - 5.2.1 The Operator provides the Buyer - entrepreneur with a quality guarantee for the same duration as that provided by the manufacturer or distributor of the goods; the guarantee starts from the date specified by the manufacturer or distributor. If the goods are not accompanied by a warranty certificate, the Buyer shall claim rights for defects on the basis of the proof of purchase (invoice) issued by the Operator. 5.3 Claims - 5.3.1 The place of claiming goods is the Operator's registered office or an authorised service centre. - 5.3.2 The Operator is obliged to accept a claim for goods either delivered personally by the Buyer to the address of the Operator's registered office or, if the conditions of Article 5.3.3 of the Terms and Conditions have been met, sent to the address of the Operator's registered office. The Operator is obliged to issue to the Buyer-Consumer a written confirmation of the acceptance of the claim, delivered in person or sent by e-mail to the Buyer's address. - 5.3.3. When making a claim, the Buyer is obliged to prove the conclusion of the purchase contract, the Operator recommends for this purpose to present in particular a proof of purchase - invoice or warranty certificate. The Buyer is obliged to provide a description of the defect in the quality of the goods for which he is claiming. - 5.3.4. The Operator shall inform the Buyer of the settlement of the complaint by e-mail to the address provided by the Buyer. In the event of a justified complaint, the Buyer is entitled to a reasonable refund of the transport costs - 5.3.5 If the Operator determines that the claim was unjustified, it shall be entitled to charge the Buyer for all costs associated with the settlement of its claim. The Buyer is obliged to pay these costs upon the Operator's request without undue delay, but no later than 14 days after the end of the claim procedure. If the costs incurred are not paid, the Authorised Service or the Operator shall have the right to retain the unjustifiably claimed goods to secure the claim within the meaning of Section 175 of the Civil Code. - 5.3.6 If the item is not in conformity with the purchase contract upon receipt by the Buyer (hereinafter referred to as "breach of the purchase contract"), the Buyer shall have the right to have the Operator restore the item to the condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the Buyer; if such procedure is not possible, the Buyer may 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 non-conformity with the purchase contract before taking over the item or caused the non-conformity with the purchase contract himself. A conflict with the contract of sale which becomes apparent within six months of the date of acceptance of the goods shall be deemed to have existed at the time of acceptance, unless this is contradicted by the nature of the goods or the contrary is proven.
6. Protection of personal data -
6.1 The Buyer agrees to the processing of his/her personal data and consents to the collection and processing of his/her personal data by the Operator for the purpose of delivery of the goods and for the purpose of sending a regular newsletter for news and commercial communications. The consent to the processing of personal data is given voluntarily by the Buyer and may be withdrawn at any time free of charge using the link provided at the end of the commercial communication. - 6.2 The handling of the personal data of the buyers is subject to the regulation of Act 101/2000 Coll. on the protection of personal data. - 6.3 The Operator undertakes not to pass on the Buyer's personal data to third parties.
7. Final provisions -
7.1 The Operator is entitled to activities related to the operation of the online shop on the basis of trade licenses.
- 7.2 The concluded purchase contracts are archived by the Operator in electronic form and are not accessible. The language of communication between the Operator and the Purchaser and the language of the Purchase Agreement is Czech.
- 7.3 In the event that any provision of these Terms and Conditions is invalid or ineffective for any reason whatsoever, such fact shall not render the other parts of the Terms and Conditions or the Purchase Agreement invalid or ineffective
- 7.4 Amendments to the Terms and Conditions or the Purchase Agreement may only be made in writing, and the amended Terms and Conditions shall be effective on the date of their publication.
- 7.5 If the Terms and Conditions are contrary to law, the relationship between the Buyer and the Operator shall be governed by that law.
- 7.6 The Operator shall not be liable for any loss, injury or damage to property, whether direct or indirect, caused by a defect in the goods supplied, unless such loss, injury or damage to property is caused by negligence, omission or intent on the part of the Operator.
