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Terms and Conditions
1. Introductory Provisions
1.1.
The General Terms and Conditions for Wholesale (hereinafter referred to as "GTC") define and specify the relations between the contracting parties concluded through the on-line shop www.krajiczech.cz (located on the web interface https://www.krajiczech.cz/ , hereinafter referred to as "web interface"), where on one side is the seller, which is KRAJIczech s.r.o, U Panelárny 531/2a, 779 00 Olomouc, ID No.: 29389291 (hereinafter also referred to as "Seller" or "KRAJIczech") and on the other side is the Buyer (hereinafter also referred to as "Buyer" or "Customer").
1.2
The Buyer shall mean a legal person or an entrepreneur, or one who purchases goods for the purpose of resale or who carries on a trade or similar activity with the intention of doing so for profit, or a person who acts on behalf of or on behalf of an entrepreneur.
2. User account
2.1.
Based on the customer registration made on the website, the customer can access his/her user interface. From his/her user interface, the customer can order or reserve goods ("user account"). If the www.krajiczech.cz website allows it, the customer can also order and reserve goods without registration directly from the www.krajiczech.cz website.
2.2.
When registering for a user account and when ordering and booking goods, the customer is obliged to provide all the information correctly and truthfully. The customer is obliged to update the information provided in the user account whenever it changes. The information provided by the customer in the user account and when ordering or booking goods is considered correct by the seller.
2.3.
Access to the user account is secured by the user name - customer's email address and password. The customer is obliged to maintain confidentiality regarding the data necessary to access his/her user account.
2.4.
The Customer is not entitled to allow third parties to use the user account.
2.5.
The Seller may cancel the User Account, in particular if the Customer has not used the User Account for more than 2 years or if the Customer breaches its obligations under the Purchase Agreement (including the Terms and Conditions).
2.6.
The Customer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of third party hardware and software equipment.
3. Terms of delivery
3.1.
The Seller shall make information about the Goods for sale available through the online shop at www.krajiczech.cz or other online sales tools.
3.2.
In particular, the Seller's online shop enables customers to view the goods currently on offer, including the prices of individual goods, search for desired items and order selected goods. The prices of the goods are shown exclusive and inclusive of value added tax and all related charges. The prices provided at the time of ordering are final prices. The minimum order value is 200 EUR (or equivalent in CZK at the current exchange rate).
3.3.
All presentation of the Goods placed on the webshop website at www.krajiczech.cz is for information purposes only and the Seller is not obliged to enter into a contract of sale in respect of such Goods.
3.4.
The Buyer orders the Goods electronically directly from the Internet using a form created for this purpose (the "Order Form"). The Order Form contains in particular information on:
- the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the seller's online store)
- the method of delivery of the goods ordered, including details of the costs associated with delivery
- the method of payment of the purchase price of the goods.
3.5.
Before submitting the order form to the Seller, the Buyer shall be allowed to check and amend the data he has entered in the order form, including with regard to the Buyer's ability to detect and correct errors made when entering data in the order form.
3.6.
The Buyer shall submit the Order Form to the Seller by clicking on the "Order" button (hereinafter referred to as the "Order"). The data provided in the Order Form shall be deemed correct by the Seller. The order thus delivered shall constitute a valid and binding proposal for the conclusion of a purchase contract if it contains all the elements required by the order form. The Seller shall promptly confirm to the Buyer that it has received the order. The purchase contract is concluded at the moment when the Seller confirms the order and such order confirmation is delivered to the Buyer.
3.7.
The Seller reserves the right not to confirm the order or part of it or to withdraw from the confirmed order or part of it in the following cases: the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. In the event that this situation arises, the Seller will immediately contact the Buyer to agree on a further course of action. In the event that the Buyer has already paid part or all of the purchase price, the amount will be transferred back to the Buyer's account or address as soon as possible, within 10 working days, but no later than 30 days of the Seller's non-confirmation or cancellation of the order.
3.8.
The Seller further reserves the right to refuse an order from a Buyer who has in the past failed to pay properly and in a timely manner for goods ordered in a binding manner.
3.9.
By placing an order, the Buyer confirms that he/she has read these terms and conditions and that he/she agrees to them. The Buyer is notified of these terms and conditions sufficiently in advance of the actual placing of the order and has the opportunity to familiarise himself with them via the online form. These terms and conditions form an integral part of the concluded purchase contract.
3.10.
The Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (e.g. in writing or by phone).
3.11.
The Purchase Contract is concluded in the Czech language. The concluded purchase contract is archived by the seller for the purpose of its successful execution and is not accessible to third parties. The Purchase Contract is provided to the Buyer in a form that allows for archiving and reproduction.
3.12.
The Buyer agrees to the use of remote means of communication in concluding the Purchase Agreement. Costs incurred by the Buyer in using remote means of communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer.
4. Delivery conditions
4.1.
If the purchase contract is concluded in the manner specified in Article 3 of these Terms and Conditions, the Seller shall deliver the goods by means of a carrier (e.g. TOPTRANS).
4.2.
The Goods will be subsequently delivered within the shipping period of the carrier. This may be reasonably extended due to congestion or public holidays.
4.3.
All prices are exclusive and inclusive of VAT and are valid according to the Seller's current price list. The prices in the Seller's online shop are available in both CZK and EUR. The Customer can select the preferred currency in the menu. Invoicing is also possible in the selected currency.
4.4.
In the case of delivery of goods by carrier, a shipping fee is added to the quoted price of the goods. The amount depends on the current price list of the carrier.
4.5.
The Seller does not charge separately for the costs associated with the packaging of the goods, they are included in the shipping fee.
4.6.
The Buyer confirms the receipt of the goods by signing the carrier's accompanying document. The place of delivery of the goods is the postal address specified by the buyer in the order. The buyer is the owner of the goods only after payment of the purchase price.
4.7.
In the event that the method of transport is agreed upon by special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
4.8.
If the Seller is obliged under the contract of sale to deliver the goods to the place specified by the Buyer in the order, the Buyer shall take delivery of the goods on delivery.
4.9.
On receipt of the Goods from the carrier, the Buyer shall check the integrity of the packaging of the Goods and notify the carrier immediately in the event of any defects. In the event that the packaging is found to have been tampered with, the buyer may not accept the shipment from the carrier.
5. Price of Goods and Payment Terms
5.1.
The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Contract of Sale to the Seller in the following ways:
- Payment on delivery
The customer can choose to pay the purchase price on delivery, in which case the purchase price is paid by the buyer at the place of delivery of the goods specified in the order by the carrier - or by the Czech Post. - Payment by transfer in advance
The customer can also choose to pay the purchase price by transfer to the seller's account before delivery of the goods, in which case the buyer does not pay anything at the place of delivery of the goods. The entire amount is paid in advance. - Payment by bank transfer with maturity
5.2.
The Seller does not require a deposit or other similar payment from the Buyer unless otherwise agreed.
5.3.
In the case of payment on delivery, the purchase price is payable on receipt of the goods. In the case of cashless payment, the purchase price is due within 5 working days of the conclusion of the purchase contract and the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
5.4.
The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.10 of these Terms and Conditions), to require payment of the full purchase price before the goods are dispatched to the Buyer.
5.5.
The Buyer is assigned a discount category by the Seller according to the amount of his/her purchases for the last reporting period. This price category may change in case of decreases or increases in subscriptions. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.
5.6.
If it is customary in the course of business or if it is provided for by generally binding legal regulations, the Seller shall issue a tax document - invoice - to the Buyer in respect of payments made under the Purchase Agreement. The seller is a payer of value added tax. The tax document - invoice shall be issued by the Seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer.
7. Rights from defective performance - claims
7.1.
The rights and obligations of the contracting parties regarding rights of defective performance are governed by the applicable generally binding regulations.
7.2.
The Seller shall be liable to the Buyer that the Goods are free from defects on receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:
- a) the goods have the characteristics agreed between the parties and, in the absence of agreement, such characteristics as the seller or the manufacturer described or the buyer expected having regard to the nature of the goods and on the basis of the advertising carried out by them.
- (b) the thing is fit for the purpose for which the seller states it is to be used or for which a thing of that kind is ordinarily used,
- c) the thing corresponds in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- d) the item is in the appropriate quantity, measure or weight
- e) the item complies with the requirements of the legal regulations.
7.3.
The provisions of Article 7.2 of the GTC shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4.
The performance of a thing other than that ordered by the buyer, as well as defects in the documents necessary for the use of the goods, shall also be deemed to be a defect.
7.5.
The purchaser is entitled to exercise the right of defect within the period individually agreed for the type of goods.
7.6.
If the defective performance is a material breach of the contract of sale, the purchaser is entitled in particular:
- a) to remedy the defect by supplying new goods without defect or by supplying the missing goods,
- b) to remedy the defect by repairing the goods,
- c) a reasonable discount on the purchase price, or
- d) to withdraw from the contract of sale.
7.7.
If the defective performance is an insubstantial breach of the purchase contract, the buyer is entitled to have the defect remedied or to a reasonable discount on the purchase price. If the seller fails or refuses to remedy the defect in time, the buyer may demand a discount on the purchase price or may withdraw from the contract. The buy er cannot change the choice made without the seller's consent.
7.8.
The Buyer shall assert his/her rights under the defective performance with the Seller ("Claim"), at the physical address of the Seller, which is indicated in the contacts (not at the billing address) or in writing (by e-mail) or by telephone.
The moment of asserting the Claim is considered to be the moment when the Seller received the claimed goods from the Buyer.
7.9.
The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of handling the claim the Buyer requires; the Seller is also obliged to issue a confirmation of the date and method of handling the claim, including confirmation of the repair and the duration of the repair, or a written justification for rejecting the claim.
7.10.
The Buyer shall deliver the goods being claimed in person or send them to the place where the claim is made (in the normal way, not by cash on delivery). As it must be verified in the complaint procedure whether the Buyer has actually purchased the goods complained of from the Seller, the Seller recommends that the Buyer provide appropriate evidence of this fact, e.g. by submitting a copy of the delivery note or invoice. If the complaint is accepted as justified, the buyer will be invited to collect the goods after the complaint has been settled. In case of interest, the goods can be sent to the buyer upon agreement.
7.11.
Transportation of the wrongly claimed goods (rejection of the claim) is paid by the buyer, in case of acceptance of the validity of the claim, the seller pays the transport back to the customer.
7.12.
The Seller or an employee authorised by him shall decide on the complaint immediately, in complex cases within three working days. This time limit does not include the time reasonable according to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without undue delay, at the latest within 30 days of its submission, unless the seller and the buyer agree otherwise.
7.13.
Goods from the shop www.krajiczech.cz are delivered to the Buyer by carriers. If a shipment arrives to the buyer damaged, the seller recommends that the buyer should do the following:
Inspect the shipment before the carrier.
In case of damage to the packaging (crumpled, torn, soaked...), draw up a damage report with the carrier.
Inspect the shipment before the carrier.
In case of damage to the packaging (crumpled, torn, soaked...), draw up a damage report with the carrier.
8. Withdrawal from the purchase contract
8.1.
The Buyer shall have the right to withdraw from the Purchase Contract concluded through the Online Shop pursuant to Article 3 of these Terms and Conditions within 14 (in words: fourteen) days of receipt of the goods without giving any reason. Returned goods must be unused and must not show signs of damage or neglect.
8.2.
For the purpose of exercising the right of withdrawal, the buyer must inform the seller of his withdrawal from the contract by unilateral legal action (in writing, by telephone or by email).
8.3.
In order to comply with the deadline for withdrawal from the Purchase Contract, it is sufficient to send the withdrawal from the Purchase Contract before the expiry of the relevant deadline (Article 8.1 of these Terms and Conditions).
8.4.
If the Buyer withdraws from the Purchase Contract, the Seller shall refund to the Buyer without undue delay, and no later than 14 days from the date on which the Seller receives the Buyer's notice of withdrawal from the Purchase Contract, all payments received by the Seller from the Buyer, including the cost of delivery (other than any additional costs incurred as a result of the Buyer's chosen method of delivery being other than the cheapest standard method of delivery offered by the Seller). For refunds, Seller shall use the same means of payment used by Buyer for the initial transaction, unless Buyer expressly specifies otherwise. In any case, this will not incur additional costs for the Buyer.
8.5.
The Seller will not refund the payment until the return goods have been received or the Buyer proves that he has sent the goods back, whichever is sooner.
8.6.
If the Buyer withdraws from the Contract of Sale, the Buyer shall send the goods received from the Seller to the Seller's address without undue delay, but not later than 14 days after withdrawal from the Contract of Sale. The time limit is deemed to have been observed if the buyer sends the goods back before the expiry of the 14 days. The Seller recommends that the Buyer provides appropriate evidence that he has purchased the goods from the Seller, e.g. by providing a copy of the delivery note or invoice.
8.7.
The buyer shall bear the direct costs of returning the goods, even if the goods cannot be returned by normal postal means due to their nature.
8.8.
The buyer shall only be liable for any diminution in the value of the goods as a result of handling them in a manner other than that necessary to familiarise himself with the nature and characteristics of the goods, including their functionality.
8.9.
The Seller is entitled to unilaterally set off any claim for payment for damage to the Goods against the Buyer's claim for a refund of the purchase price.
8.10
After the 14 day period has expired, the customer may return the goods to the seller in accordance with the following conditions
- The cost of transporting the goods to the seller's warehouse shall be borne by the customer
- We accept only undamaged, unused, properly packaged goods
- The customer pays a handling fee of 20% of the price of the goods (80% of the original price of the goods will be refunded to the customer's account.
9. Other rights and obligations of the contracting parties
9.1.
The Buyer acquires title to the Goods on payment of the full purchase price of the Goods.
9.2.
The Seller is entitled to sell the Goods under a trade licence. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision over the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
10. Protection of personal data
10.1.
The protection of personal data of a customer who fills out any of the forms on the Internet is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended (hereinafter referred to as the "Personal Data Protection Act")
10.2.
By ordering or reserving goods through the online form, the customer agrees, in accordance with the ZOOÚ and Act No. 480/2004 Coll., to the processing of personal data in the following scope: name, surname, address, email, phone number of the customer provided in the order or in the scope of the name, surname and email of the customer provided in the reservation (hereinafter referred to as "personal data") by the seller and their inclusion in the database of users of the seller - KRAJIczech s.r.o, The purpose of the processing of personal data is the realisation of the rights and obligations under the contract concluded with the customer, the maintenance of the user account, as well as their use for business and marketing purposes of the Seller, i.e. offering products and services, including sending information about organised events, products and other activities, as well as for the purpose of sending commercial communications via electronic means. The Seller is entitled to associate other personal data of the Customer with such personal data. This consent is given voluntarily by the customer for an unlimited period of time and may be revoked at any time by sending a notice to the email address obchod@krajiczech.cz or in writing to the Seller's registered office. Revocation of consent is effective upon delivery of the notice to the Seller.
10.3.
The Customer acknowledges that he/she is obliged to provide his/her personal data (when registering, in his/her user account, when placing an order or booking made in the Seller's online shop) correctly and truthfully and that he/she is obliged to inform the Seller without undue delay of any change in his/her personal data.
10.4.
The Seller may delegate the processing of the Customer's personal data to a third party as a processor.
10.5.
The customer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
10.6.
The Customer has the right of access to personal data, the right to rectification of personal data, as well as other rights pursuant to Section 21 of Act No. 101/2000 Coll, i.e. in particular, if the customer finds or believes that the controller or processor is processing his or her personal data in a way that is contrary to the protection of the customer's private and personal life or contrary to the law, in particular if the personal data are inaccurate with regard to the purpose of their processing, the customer may ask the controller or processor for an explanation or demand that the controller or processor remedy the situation thus created, in particular by blocking, correcting, supplementing or destroying the personal data.
10.7.
If the customer requests information about the processing of his personal data, the seller is obliged to provide him with this information within 30 days. The Seller has the right to charge a reasonable fee for providing the information according to the previous sentence, not exceeding the costs necessary to provide the information.
11. Final provisions
11.1.
If any provision of the GTC is or becomes invalid or ineffective, the invalid provision 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 of the GTC.
11.2.
These General Terms and Conditions shall come into force and effect on 3 May 2022. The current version of the terms and conditions is always available at www.krajiczech.cz.
11.3.
By placing an order or booking, the Customer acknowledges that they have read these Terms and Conditions and that they accept them without reservation.
11.4.
Unless otherwise provided in these General Terms and Conditions, the rights and obligations of the parties shall be governed by the relevant provisions of generally binding regulations in force in the Czech Republic.
11.5. In the event that a dispute arises between the Seller and the Buyer which cannot be resolved by mutual agreement, the Buyer may submit a proposal for out-of-court settlement of such dispute to a designated consumer dispute resolution body. The entity for out-of-court resolution of consumer disputes is the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, Štěpánská 15, 120 00 Prague 2, internet address: adr.coi.cz.
In Olomouc, on 17.6.2022