Terms and Conditions
The ecommerce operator www.oakshop.cz is ONE ICON s.r.o. with its registered office at Na Struze 155/5, 779 00 Olomouc Identification Number: 07178468
The company is registered in the Commercial Register maintained by the Regional Court in Ostrava, Section C, File 74788
1. Introductory provisions
1.1. These Business Terms and Conditions (hereafter "Business Terms") of ONE ICON s.r.o. with the registered office at Na Struze 155/5, 779 00 Olomouc Identification Number: 07178468 (hereinafter referred to as the "Seller") govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract (hereinafter "Purchase Contract") concluded between the Seller and another (hereinafter referred to as the "Buyer") via the Seller's Internet Store. The e-shop is operated by the seller at www.oakshop.cz through the web interface (hereinafter referred to as the "web interface of the shop").
1.2. The Business Terms also govern the rights and obligations of the parties in using the Seller's Web Site located at www.oakshop.cz (the "Website") and other related legal relationships. Business terms do not apply to cases where a person who intends to buy goods from a seller acts when ordering goods in the course of their business.
1.3. Provisions derogating from the terms and conditions may be negotiated in the sales contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1.4. Business terms and conditions are an integral part of the sales contract. The Purchase Agreement and the Business Terms and Conditions are prepared in the Czech language. The purchase contract can be concluded in the Czech language.
1.5. The seller may change or add the wording of the business terms. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
2. User account
2.1. Based on buyer registration made on a website, buyers can access their user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on a web page and ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2.3. Access to the user account is secured by user name and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.
2.4. The buyer is not authorized to allow the use of the user account to third parties.
2.5. Seller may cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the sales contract (including business terms).
2.6. The Buyer notes that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software of third parties.
3. Closing the Purchase Agreement
3.1. The web interface of the store includes a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The sale of goods and the prices of these goods remain valid for 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 for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.
3.2. The store's web interface also includes information on the cost of packaging and delivering goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3.3. To order the goods, the buyer completes the order form in the web interface of the store. The order form contains, in particular, information about:
ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, details of the required delivery method of ordered goods and
information on the costs associated with the supply of goods (collectively referred to as "the order").
3.4. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3.5. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3.6. The contractual relationship between the seller and the buyer arises from the delivery of the order (acceptance), which is sent to the buyer by e-mail to the buyer's e-mail address.
3.7. The Buyer notes that the seller is not obliged to conclude a sales contract, especially with persons who have previously substantially violated the sales contract (including business terms).
3.8. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.
4. Cost of goods and payment terms
4.1. The buyer may pay the buyer the following goods in the following manner: a) the price of the goods and any costs associated with the delivery of the goods under the purchase contract;
cash in cash at the place specified by the buyer in the order;
by wire transfer to seller's account No. 5400989359/0800, maintained with Česká Spořitelna (hereinafter referred to as the "Seller Account");
4.2. Together with the purchase price, the buyer is also required to pay the seller the cost of packing and delivering the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. 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 5 days of the purchase contract being concluded.
4.4. In the case of non-cash payment, the buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.5. The Seller is entitled, in particular, in the event that the buyer does not receive an additional order confirmation (clause 3.5), request payment of the full purchase price before the goods are dispatched to the buyer.
4.6. Any discounts on the price of goods provided by the seller to the buyer can not be combined.
4.7. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the seller shall issue a tax document - invoice to the purchaser in respect of payments made under the purchase contract. The seller is a value added tax payer. Tax document - The invoice is issued by the seller to the purchaser after paying the price of the goods and sends it in electronic form to the e-mail address of the buyer.
5. Withdrawal from the Purchase Agreement
5.1. The Purchaser acknowledges that, pursuant to the provisions of Section 53 (8) of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, inter alia, to withdraw from the purchase contract for the supply of goods buyer's wishes, as well as goods that are subject to rapid destruction, wear or obsolescence, a purchase contract for the supply of audio and video recordings and computer programs, if the consumer has infringed their original packaging, and a purchase contract for the delivery of newspapers, periodicals and magazines.
5.2. If the case is not referred to in Article 5.1 or in another case where the purchase contract can not be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 53 (7) of the Civil Code, within 14 days from receipt of the goods. The withdrawal from the sales contract must be delivered to the seller within 14 (fourteen) days of receipt of the goods, either to the address of the seller's office or to the email address of the seller at firstname.lastname@example.org.
5.3. Within ten (10) days of returning the goods to Buyer in accordance with Article 5.3 of the Terms and Conditions, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5.4. Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to the buyer. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price. Likewise, the seller is entitled to set off against the buyer's claim for a refund of the purchase price unilaterally in accordance with Article 5.3 of the Commercial Terms.
6. Carriage and delivery of goods
6.1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the sales contract. If the mode of transport is agreed upon by the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not accept the goods when delivered, the seller is entitled to claim a storage fee of CZK 150 and is also entitled to withdraw from the purchase contract.
6.3. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6.4. Upon receipt of the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint about the shipment may not be taken into account.
6.5. Other parties' rights and obligations when transporting goods may alter the seller's terms of delivery.
7. Liability for defects, warranty
7.1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's warranty, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. Of the Civil Code).
7.2. The seller is liable to the buyer for the fact that the item sold is in conformity with the sales contract, in particular that it is defective. Conformity to a sales contract means that the item being sold has the quality and utility properties required by the contract, the seller, the manufacturer or his agent described or the expected advertising, or the quality and utility of the kind of thing that is customary to comply with the requirements of the law , is in the appropriate quantity, degree or weight and corresponds to the purpose which the seller states for the use of the item or for which the thing is usually used.
7.3. In the event that the buyer is not in compliance with the Purchase Agreement ("Contract with the Purchase Agreement"), the Buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, as required buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This is not the case if the buyer knew, prior to taking over the item, the breach of the purchase contract or caused the contradiction with the purchase contract.
7.4. If the goods are not damaged or used quickly, the seller is responsible for defects that will appear as a conflict with the purchase agreement after taking over the item during the warranty period (warranty).
7.5. Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address at his / her premises.
7.6 For other products, the warranty is provided directly by the seller (that is, www.oakshop.cz) according to the stated length in the description of the product.
8. Other rights and obligations of the parties
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. The Buyer acknowledges that the software and other components that make up the web interface of the store (including photos of the offered goods) are protected by copyright. Buyer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.
8.3. Buyers are not authorized to use mechanisms, software, or other practices that may negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.
8.4. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.
8.5. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their designation.
9. Privacy and Sending Business Messages
9.1. Protection of the buyer's personal data, which 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 these personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data").
9.3. The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of sending information and business communications to the Seller.
9.4. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
9.5. By processing the buyer's personal data, the seller may assign a third party as processor. In addition to 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 indefinitely. Personal data will be processed in electronic form in an automated manner or in a 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. The Purchaser declares that he has been advised that the consent to the processing of personal data may be revoked by the Seller in writing to the Seller's address.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) carries out the processing of his or her personal data which is contrary to the protection of the buyer's private and personal life or contrary to law, in particular if personal data are inaccurate with respect to for the purpose of their processing, may:
ask the seller or processor for an explanation,
require the seller or processor to remove the resulting condition. In particular, it may be blocking, repairing, supplementing or disposing of personal data. If the buyer's request under the preceding sentence is found to be justified, the seller or processor shall immediately remove the defective condition. If the seller or processor fails to comply with the request, the buyer has the right to contact the Data Protection Authority directly. This provision is without prejudice to the purchaser's right to contact the Office for Personal Data Protection directly.
9.9. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Seller has the right to provide information under the previous sentence to request reasonable compensation not exceeding the costs necessary to provide the information.
9.10. Buyer agrees to send information related to the seller's goods, services, or business to the buyer's electronic address, and also agrees to send the sales announcements to the buyer's electronic address.
10.1. Unless otherwise agreed, any correspondence relating to the Purchase Agreement shall be delivered to the other Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account.
10.2. Message received:
in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,
in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,
in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,
in the case of delivery through the postal service provider within ten (10) days from the deposit of the consignment and the giving of the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee did not know the deposit.
11. Final Provisions
11.1. If the relationship relating to the use of the website or the legal relationship established by the Purchase Agreement 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 under generally binding legal regulations.
11.2. The seller is authorized to sell the goods on the basis of a trade license and the activity of the seller is not subject to any other authorization. The trade license is carried out within the scope of its competence by the relevant Trade Licensing Office.
11.3. If any provision of the Terms of Business is invalid or ineffective, or if it occurs, instead of invalid clauses, a provision will be introduced to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
11.4. The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.5. Contact details of the seller: delivery address ONE ICON s.r.o., Na struze 155/5, 779 00 Olomouc, e-mail address email@example.com, phone 774774337.
In Olomouc on 1.11.2018