1. Introductory provisions
These Terms and Conditions (hereinafter referred to as “T&C”) govern the mutual rights and obligations of the parties arising in connection with or pursuant to a contract of sale (hereinafter referred to as the “Contract of Sale”) entered into between the Seller, EUVIGNETTES LTD, 128 City Road
EC1V 2NX, London, United Kingdom
(hereinafter referred to as “Seller”) and another natural or legal person (hereinafter referred to as “Buyer”) via the web interface [adresa webového rozhraní] (hereinafter referred to as “Web Interface”).
The web interface is operated by the Seller.
2. Definition of terms
- Consumer: is any person who, outside the scope of his business or the independent exercise of his profession, enters into a contract with the seller or otherwise deals with him.
- Entrepreneur: is a person who independently carries out, on his own account and responsibility, a gainful activity in a trade or similar manner with the intention of doing so consistently for profit. For the purposes of consumer protection, an entrepreneur includes, inter alia, any person who concludes contracts in connection with his own business, manufacturing or similar activity or in the course of the independent exercise of his profession, or any person who acts in the name of or on behalf of an entrepreneur.
- Buyer: is a consumer or business.
3. Conclusion of the purchase contract
- All presentation of the goods placed in the web interface is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
- The web interface contains information about the goods, including the prices of individual goods. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed in the web interface. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
- The web interface also contains information on the costs associated with packaging and delivery. The information on the costs associated with the packaging and delivery of the goods provided in the web interface applies only in cases where the goods are delivered within the Czech Republic.
- To order goods, the buyer fills in the order form in the web interface. The order form contains in particular information about:
- ordered goods (the ordered goods are “inserted” by the buyer into the electronic shopping cart of the web interface),
- the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
- information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
- Before sending the order to the Seller, the Buyer is allowed to check and change the data he has entered in the order, including with regard to the Buyer’s ability to detect and correct errors arising when entering data into the order. The Buyer shall send the order to the Seller by clicking on the button “[název tlačítka]”. The data provided in the order shall be deemed correct by the Seller.
- The Seller shall confirm receipt of the order to the Buyer immediately upon receipt of the order by e-mail to the Buyer’s e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer’s e-mail address”).
- Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional order confirmation (for example, in writing or by phone).
- The contractual relationship between the Seller and the Buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer’s electronic mail address.
- The buyer agrees to the use of remote communication means in concluding the purchase contract. The costs incurred by the Buyer in using distance communication in connection with the conclusion of the Purchase Contract (internet connection costs, telephone call costs) shall be borne by the Buyer, without any difference from the basic rate.
4. Price of goods and payment terms
- 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:
- in cash at the seller’s premises at [adresa provozovny];
- in cash on delivery at the place specified by the buyer in the order;
- by wire transfer to the Seller’s account No. [account number], held at [název banky] (hereinafter referred to as the “Seller’s account”);
- cashless by credit card.
- Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
- In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable within [počet] days of the conclusion of the purchase contract.
- In case of non-cash 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 when the relevant amount is credited to the Seller’s account.
- The Seller is entitled, especially in the event that the Buyer fails to confirm the order (Article 3.6), to demand payment of the full purchase price before the goods are sent to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
- Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
- If it is customary in the commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document – an invoice – to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document – invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer’s electronic address.
5. Withdrawal from the Purchase Agreement
- Withdrawal from the purchase contract by a buyer who is a consumer
- The buyer, who is a consumer, has the right to withdraw from the purchase contract within fourteen days of receipt of the goods, even without giving any reason.
- The withdrawal period shall be deemed to have been observed if the consumer sends the seller a notice of withdrawal during the withdrawal period.
- To withdraw from the purchase contract, the consumer can use the sample form provided by the seller, which is an annex to these OP. The consumer may send the withdrawal from the purchase contract, among other things, to the Seller’s business address or to the Seller’s e-mail address [emailová adresa].
- In the event of withdrawal from the purchase contract, the purchase contract is cancelled from the outset. The goods must be returned by the consumer to the seller within fourteen days of the delivery of the notice of withdrawal to the seller. If the consumer withdraws from the purchase contract, the consumer shall bear the costs of returning the goods to the seller, even if the goods cannot be returned by normal postal means due to their nature.
- The consumer should return the goods complete, with full documentation, undamaged, clean, preferably including the original packaging, in their original condition and value.