TERMS OF TRADE
Company
BRAND CONCEPT s.r.o.
with its registered office at F. X. Prochazky 162/9, 25001 Brandys nad Labem-Stara Boleslav
Identification number: 24784753
The company is registered at the Municipal Court in Prague, file number C 174003.
for the sale of goods through an online store located at www.eshop.p3parks.com.
1. Introductory Provisions
1.1. These Terms and Conditions (hereinafter referred to as the "Terms and Conditions") of BRAND CONCEPT s.r.o. with its registered office at F. X. Prochazky 162/9, 25001 Brandys nad Labem-Stara Boleslav, identification number: 24784753, The company registered at the Municipal Court in Prague, file number C 174003. (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Agreement") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the seller at the www.darkyteribear.cz Internet address through a web interface (hereinafter referred to as the "web interface of the store").
1.2. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of his business or in the independent pursuit of his profession.
1.3. Provisions deviating from the Terms and Conditions may be agreed upon in the Purchase Contract. Deviating arrangements in the purchase contract take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The Seller may change or supplement the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
2. User account
2.1. Based on the buyer's registration made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as the "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account upon any change thereof. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.
3. Conclusion of the purchase contract
3.1. All presentations of goods placed in the web interface of the store are informative and the seller is not obliged to conclude a purchase contract for these goods. The provisions of § 1732 paragraph. 2 of the Civil Code do not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual goods. The prices of the goods include value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. Information on the costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains, in particular, information about:
3.4.1. ordered goods (ordered goods "put" 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, details of the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer has placed in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Complete order" button. The data stated in the order are considered correct by the seller. Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the delivery of the order acceptance (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. Costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
cash on delivery of the courier company;
by wire transfer to the Seller's account No. 8527265001/5500, maintained by Raiffeisenbank a.s. (hereinafter referred to as the "Seller's Account");
by credit card online.
4.2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with packaging and delivery of the goods at the agreed rate. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The Seller does not require an advance payment or other similar payment from the Buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 7 days of the conclusion of the purchase contract.
4.5. In the 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 the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment when the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, especially if the Buyer does not receive an additional confirmation of the order (Article 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provisions of § 2119 paragraph. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.8. If it is customary in the course of trade or if so stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the buyer regarding payments made under the purchase contract. The seller is a payer of value-added tax. The tax document - invoice is issued by the seller to the buyer after payment of the price of the goods and sends it in the electronic form to the buyer's electronic address.
5. Withdrawal from the purchase contract
5.1. The Buyer acknowledges that pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irreversibly mixed with other goods after the delivery, from the purchase contract for the supply of goods in a sealed package, which the consumer has removed from the packaging and for hygienic reasons it is not possible to return it and from the purchase contract for the supply of an audio or video recording or a computer program if he has broken their original packaging.
5.2. Unless it is a case referred to in Article 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has in accordance with the provisions of § 1829 paragraph. 1 of the Civil Code, the right to withdraw from the purchase contract within fourteen (14) days of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. Withdrawal from the purchase contract may be sent by the buyer, inter alia, to the address of the seller's premises or to the seller's e-mail address p3parks@brandconcept.cz.
5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with the return of the goods to the seller, even if the goods cannot be returned by their usual postal route.
5.4. In the event of withdrawal from the contract under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase Contract by the Buyer, in the same way as the Seller received them from the Buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods by the buyer or otherwise if the buyer agrees and does not incur additional costs for the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that he has sent the goods to the entrepreneur.
5.5. The seller is entitled to unilaterally set off the claim for damages caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by bank transfer to an account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift agreement for such a gift loses its effectiveness and the buyer is obliged to return the goods to the seller and the provided gift.
6. Transport and delivery of goods
6.1. In the event that the mode of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If, according to the purchase contract, the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the buyer's side, it is necessary to deliver the goods repeatedly or in a different way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively the costs associated with another method of delivery.
6.4. 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 of a violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the seller's special delivery terms if issued by the seller.
7. Rights from defective performance
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of Civil Code).
7.2. The seller is liable to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have properties that the parties have agreed, and in the absence of an arrangement, it has such properties that the seller or manufacturer described or which the buyer expected with regard to the nature of the goods and on the basis of advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond to the quality or design of the agreed sample or template if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, 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 the Terms and Conditions shall not apply to goods sold at a lower price to a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear that the goods had when taken over by the buyer, or if it results from the nature of the goods.
7.4. If a defect occurs within six months of receipt, the goods are deemed to have been defective at the time of receipt.
7.5. Rights arising from defective performance are claimed by the buyer at the seller's address at his premises, where the acceptance of the complaint is possible with regard to the range of goods sold, or at the registered office or place of business. The moment of making a claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Procedure.
8. Other rights and obligations of the contracting parties
8.1. The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 paragraph. 1 point. e) the Civil Code.
8.3. The seller provides out-of-court settlement of consumer complaints via the electronic address p3parks@brandconcept.cz. Information on the settlement of the buyer's complaint will be sent by the seller to the buyer's electronic address.
8.4. The seller is entitled to sell goods on the basis of a trade license. A trade inspection is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code.
9. Protection of personal data
9.1. The protection of the personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9.2. The buyer agrees to process the following personal data: name and surname, address, identification number, tax identification number, e-mail address, telephone number, and any other data (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller to realize the rights and obligations under the purchase contract and maintain a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and commercial communications to the buyer. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself prevent the conclusion of a purchase contract.
9.4. The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller of any change in his personal data without undue delay.
9.5. The Seller may entrust a third party as a processor to process the buyer's personal data. Except for persons transporting goods, personal data will not be passed on to third parties by the seller without the buyer’s prior consent.
9.6. Personal data will be processed for an indefinite period of time. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data that is contrary to the protection of the buyer's private and personal life or in violation of the law, especially if the personal data are inaccurate with regard to the purpose of their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation.
9.9. If the buyer asks for information about processing his personal data, the seller is obliged to provide this information. The seller has the right to provide information under the previous sentence to require reasonable compensation not exceeding the costs necessary to provide the information.
10. Sending commercial messages and storing cookies
10.1. The Buyer agrees to receive information related to the Seller's goods, services, or business to the Buyer's electronic address and agrees to receive commercial communications from the Seller to the Buyer's electronic address.
10.2. The buyer agrees to store so-called cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
11. Delivery
11.1. The Buyer may be delivered to the e-mail address specified in his user account or specified by the Buyer in the order.
12. Final provisions
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provisions shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business terms and conditions must be in writing.
12.3. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4. Contact details of the seller: delivery address BRAND CONCEPT s.r.o., Zapská 1913, 250 01 Brandys nad Labem-Stara Boleslav, e-mail address p3parks@brandconcept.cz, phone +420 773 618 664.
In Brandýs nad Labem-Stará Boleslav on 1.1.2023.