General terms and conditions of the eshop loutkymasek.cz

I.

Introductory provision

1.1. These General Terms and Conditions (hereinafter referred to as the "GTC") shall be used for contractual relations concluded in the internet shop loutkymasek.cz, which is operated by the company Pavel Mašek - artistic production, with its registered office at Znojmo, Alšova 985/8, 669 02 , registered in the Trade Register maintained by the Trade Licensing Office in Znojmo, No. 171/92.

1.2. The seller is Pavel Mašek - artistic production, with its registered office at Znojmo, Alšova 985/8, 669 02, IČ: 10109676, registered in the Trade Register maintained by the Trade Licensing Office in Znojmo, No. 171/92 (hereinafter referred to as "the Seller") .

Contact:

Pavel Mašek

Address: Oblekovická 185/133, PSČ 671 81, Znojmo

Email: vyridilna@loutkymasek.cz

Phone: +420 797 610 285

1.3. The buyer is the consumer (whereby, within the meaning of the Civil Code, every person who, outside the scope of his business or outside the scope of his own profession concludes a contract with an entrepreneur or otherwise acts) or another person (hereinafter referred to as the "buyer"). If the buyer is not a consumer and purchases products as an entrepreneur for the purpose of his business, he is obliged to state this in the order, while the relationship between the seller and the buyer is governed by the applicable legal regulations.

1.4. The rights and obligations of the Seller and the Buyer are governed by these GTC (effective as of the date of dispatch of the order by the Buyer) and by the Czech legal order. Legal relations not expressly regulated by these GTC are governed by the relevant provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and other related regulations.

II.

Contract creation

2.1. The delivery of goods shall be made only on the basis of an order made by the Buyer according to the Seller's valid offer published on the Seller's website under urny-malesach.cz. An order with a supplement or deviation from the seller's offer is excluded.

2.2. Each order must contain at least the following essential information:
a) Buyer's identification data - his / her name, surname, home address, e-mail address, telephone number
b) identification of the goods according to the seller's offer
(c) the quantity of goods required
d) price
(e) the place of delivery, unless the place of delivery of the work is indicated, it shall be deemed to be the address of the buyer's residence
(f) the choice of delivery method, including acceptance of delivery costs.

If the order does not contain the required information, it is not considered a proper order and cannot be confirmed as it was sent by the buyer. In such case, the Seller shall contact the Buyer without undue delay by telephone or e-mail in order to rectify defects in the order.

2.3. The order is delivered to the seller by means of electronic communication, by phone or in writing. By placing an order, the Buyer confirms that he has read these GTC and agrees with them. The Buyer is entitled to cancel (cancel) the order within 24 hours of sending it, by e-mail to vyridilna@loutkymasek.cz, but only if the order cancellation is delivered to the Seller before the Seller has sent the Order confirmation to the Buyer.

2.4. Upon receipt of the order, the Seller shall immediately (usually within 24 hours of its receipt) acknowledge receipt of the order. As a rule, confirmation of an order is accompanied by a confirmation of the order itself. The Seller is entitled to confirm the order separately.

2.5. By delivering the order to the seller, a purchase contract is concluded between the parties (hereinafter referred to as "the contract"). In doing so, the valid offer of goods published on the website loutkymasek.cz is made subject to the depletion of stock or loss of the ability of the seller to perform.

2.6. The Seller is entitled not to confirm the order or its part and to withdraw from the contract or its part in the following cases:
(a) the goods are no longer produced
(b) the goods are no longer supplied
c) the goods are already sold out

(d) the price of the supplier of goods has changed significantly

e) there is another relevant reason for which the order confirmation and performance of the contract cannot be fairly demanded by the seller. Should this occur, the Seller shall contact the Seller without undue delay to agree on further action. If the buyer has already paid part or all of the purchase price and the order has not been confirmed by the seller, this amount will be refunded to him within 30 days of notifying the order confirmation.


2.7. The buyer agrees to use the means of distance communication to conclude the contract. The costs incurred by the buyer when using distance communication means in connection with the conclusion of the contract (such as internet connection costs, telephone costs) are paid by the buyer himself.

III.

Delivery

3.1. The goods are delivered to the place of delivery specified by the buyer in the order. The buyer may choose a different place of delivery than the one he has designated as his home address. In such a case, the Buyer shall indicate in the order form this place of delivery and the contact person authorized to take over the goods at that location. This place is then considered a place to pay the purchase price, unless otherwise paid.

3.2. The place and date of delivery will be confirmed by the seller to the buyer in the order confirmation.

3.3. The usual period for delivering goods in the Czech Republic is 5 working days. The period for delivery of goods abroad is determined by the specific conditions of the carrier or mail. If the goods are not in stock, the delivery time may be up to 30 days, which will be the buyer means of electronic communication when confirming the order by the seller or without undue delay after this confirmation. After the expiry of this period, it is possible to agree on a further delivery time with the buyer; if not agreed, the contract is deemed to be canceled. Both the seller and the buyer are obliged to issue what has already been fulfilled.

3.4. The goods are shipped in the following ways:
(a) through a contractor / carrier
(b) through a postal license holder (hereinafter referred to as "post")

As a rule, the Seller shall hand over the goods to the contractual carrier within 4 days of the conclusion of the contract. In the event of an order being placed at the time of a marketing event or in other situations, the expedition time may be extended.

List of possible delivery methods of shipments in the Czech Republic and their prices for:

GLS Express Package Service *

129 Kč

Česká pošta "Balík do ruky" *

209 Kč

Česká pošta "Balík na poštu" *

209 Kč

Overview of possible payment methods in the Czech Republic and their prices:

GLS cash on delivery

0 Kč

Cash on delivery Czech Post

0 Kč

By Bank transfer

0 Kč

Online credit card payment through Comgate Gateway

0 Kč

An overview of possible delivery methods for selected countries and their prices for:

GLS – SK

     8 EUR

GLS – DE, AT, PL, HU, RU, CO, SL, BE, NL, DN, CH, LU, LT, LV, ET, VB, IR, BU, FR, SP, IT

15 EUR

 

 

GLS – SV, GR, PO, SF

25 EUR

For orders from other countries, the shipping cost will be determined individually and the customer will be informed before the order is confirmed.

Overview of possible payment methods in EU and non-EU countries and their prices:

By Bank transfer

0 Kč

Online credit card payment through Comgate Gateway

0 Kč

All shipping and payment methods include VAT.

3.5. Should the Buyer not be found at the place of delivery, the Carrier will leave a notice and try to deliver the goods to another Buyer (eg by telephone or other appropriate means) on the next Business Day. If the goods are delivered by the postal license holder and the buyer is not found at the place of delivery, the delivery rules set by the postal license holder shall be followed. Any additional costs associated with repeated attempts to deliver the goods shall be paid by the Buyer to the Seller at his request.

3.6. The goods are delivered in standard packaging from the manufacturer. Together with the ordered goods it is supplied, if required by the nature of the ordered goods, the operating instructions. When the goods are delivered, the buyer is given an invoice with the details of the tax document. The Buyer, or any other person authorized to accept the goods by the Buyer, must confirm by its signature on the relevant document the orderly receipt of the ordered goods together with all the listed documents.

3.7. The risk of damage to the goods passes to the buyer by handing over the item for transport to a third party (postal license holder / carrier).

IV.

Price of goods and payment terms

4.1. The price of the goods is the price stated in the current offer of the Seller at loutkymasek.cz valid on the day of sending the order by the Buyer. The price becomes binding upon conclusion of the contract.

4.2. You may pay your purchase price in the following ways:
a) COD on delivery of the ordered goods by post or carrier

b) by bank transfer to the Seller's account maintained with Sberbank CZ, a.s., account number 4200000329/6800 for payments in CZK, in foreign currencies FIO banka, a.s. 2600286275/2010, in the case of Slovakia, the bank's area code is 8330. This method of payment can be used on the basis of an issued invoice when order confirmation.

c) Online payment by card or via bank button via Comgate payment gateway

4.3. Payments of the purchase price made by cashless transfer shall be deemed to have been made at the moment of their crediting to the Seller's account. Payments made in cash between the Seller and the Buyer shall be deemed to have been made at the time of their execution to a person authorized to do so by the Seller or a postal license holder or a contractor's employee.

V.

Withdrawal from the contract

5.1. The Buyer is entitled to withdraw from the Contract without giving any reason and without any penalty within 14 days of receipt of the goods. The withdrawal period is deemed to be retained if the buyer notifies the buyer during the course of the withdrawal. The Buyer may not withdraw from the contract under this provision in the cases specified in the relevant provisions of the Civil Code (eg manufacture or modification of the goods to order).

5.2. For the sake of evidence of withdrawal, the Buyer is advised to withdraw from the contract in writing at the address of the Seller's establishment Oblekovická 185/133, Postal Code 671 81, Znojmo, or by e-mail address vyridilna@loutkymasek.cz. The Buyer is advised to state in the withdrawal the data clearly identifying the relevant contract, preferably the order number and date, the date of receipt of the goods and the bank account number for the refund of the purchase price. A sample form is available for download directly on the e-shop website.

5.3. If the buyer withdraws from the contract under paragraph 5.1. of these GTC, send or hand over to the entrepreneur without undue delay, no later than fourteen days after withdrawal from the contract, all that has been fulfilled. If this is not already possible (eg in the meantime the goods have been destroyed or the goods have been worn by a buyer not acting in good faith or by a buyer abusing the right of withdrawal), the buyer must provide the seller with monetary compensation as a value that can no longer be issued. The Seller is entitled to claim compensation from the Buyer for what may no longer be issued and to set off its claim against the refund claim. In such a case, the Seller is obliged to prove the damage incurred.

 
5.4. If the buyer withdraws from the contract under paragraph 5.1. of these GTC, bears the cost of returning the goods if the goods cannot be returned due to their usual postal route.

5.5. If the buyer withdraws from the contract under paragraph 5.1. of these GTC, the Seller shall return to him, without undue delay, no later than fourteen days after the withdrawal from the contract, all funds, including delivery costs, received from him under the contract in the same manner. If the buyer has chosen a method other than the cheapest delivery method offered by the seller, the seller will return to the buyer the cost of delivering the goods in the amount of the cheapest delivery method. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer passes the goods or proves that the goods were sent to the seller.

 
5. 5.6. The Buyer shall be liable to the Seller only for the reduction of the value of the goods resulting from the handling of the goods other than to be treated with respect to their nature and characteristics.

5.7. If the Buyer receives other goods at a discounted price (or a symbolic price or a gift) as a reward for the goods ordered at a certain price, the withdrawal from the contract is subject to paragraph 5.1. of these GTC and goods delivered at a discounted price. Therefore, the buyer is obliged to return all goods delivered under the respective contract.

VI.

Liability for defects, claims

6.1. The Seller's liability for defects is governed by the relevant legal regulations as amended.

6.2. The Buyer is obliged to thoroughly inspect the delivered goods upon receipt and inform the Seller without undue delay of any defects found. Later complaints about the type, quantity or damage of goods during transport may not be considered. Goods takeover is understood to be its takeover from the seller, postal license holder or contractual carrier. The receipt of the goods is confirmed by the Buyer by signing the delivery note or other relevant document. At the same time, by signing it, it confirms that the goods have been delivered correctly. If the goods have any obvious defects at the time of acceptance or if the type of goods or its quantity does not match, it is necessary to note these facts on the delivery note or other relevant document. If the goods are damaged, the buyer may refuse the takeover.

6.3.
6.3.1. 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 goods were taken over by the buyer:

(a) the goods possess the characteristics agreed between the parties and, in the absence of an arrangement, those characteristics which the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and the advertising they carry out

(b) the goods are fit for the purpose indicated by the seller for their use or for which goods of that kind are normally used

c) 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

(d) the goods are in appropriate quantity, measure or weight

(e) the goods comply with the requirements of the legislation.

6.3.2. If a defect occurs within six months of receipt, the goods are deemed to have been defective upon receipt.

6.4.
6.4.1. The Buyer is entitled to exercise the right of the defect that occurs in consumer goods within twenty-four months from receipt of the goods (if the time of sale on the goods sold, on its packaging, in instructions attached to the goods or in advertising) for which the goods may be used, the provisions on quality assurance apply - see paragraph 6.5 below).

6.4.2. The provisions of paragraph 6.4.1. does not apply:
(a) the wear and tear of the goods caused by its normal use
(b) for goods sold at a lower price, for a defect for which a lower price has been agreed
c) if it is the nature of the thing (goods)


6.4.3. If the Buyer so requests, the Seller shall confirm to the Buyer in writing to what extent and for what period his obligations in case of defective performance. The Seller has the obligations of defective performance to at least the extent to which the manufacturer's obligations arising from defective performance persist. The certificate shall also indicate his name, registered office and identifying information and, where appropriate, other information needed to establish his identity. If the nature of the goods does not prevent it, such confirmation may be replaced by a proof of purchase of the goods containing the said information.


6.4.4. If the goods do not have the characteristics specified in paragraph 6.4.1., The buyer may also require delivery of new goods free of defects, unless this is disproportionate to the nature of the defect, but if the defect only affects the goods, the buyer may only require replacement of the component; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to a free removal of the defect.


6.4.5. The buyer has the right to deliver the new goods or to replace the component even in the case of a removable defect if the goods cannot be used properly for repeated occurrence of the defect after repair or for a greater number of defects. In this case, the buyer has the right to withdraw from the contract.


6.4.6. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replacement of its parts or repair of the goods, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller is unable to deliver new goods without defects, replace its part or repair the goods, as well as if the Seller fails to remedy the situation within a reasonable period of time or would cause considerable difficulties for the consumer.


6.4.7. The buyer is not entitled to the right of defective performance if the buyer knew that the goods had a defect or if the buyer caused the defect before taking over the goods. Cases where the buyer himself has caused the defect include, but are not limited to, cases where the defect is caused by:

(a) use of the goods contrary to the instructions for use

(b) incorrect assembly or dismantling of goods

c) unauthorized repairs or changes to the goods

(d) impact, fall or other mechanical damage to the goods (eg scratching the surface of the goods).

 
6.4.8. If the goods have a defect from which the seller is obliged and if the goods are sold at a lower price, the buyer has the right to a reasonable discount instead of the right to exchange goods.

6.5.
6.5.1. By guaranteeing the quality, the Seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual characteristics. These effects are also indicated by the warranty or expiry date of the goods on the packaging or in advertising. The guarantee may also be granted for a single component of the goods.


6.5.2. If the contract and the warranty statement determine different warranty periods, the longest period of time applies. However, if the parties agree on a warranty period other than that indicated on the packaging as the expiry date, the parties' agreement shall prevail.


6.5.3. The warranty period runs from handing over the goods to the buyer.


6.5.4. The Buyer is not entitled to a guarantee if the defect is caused by an external event after the transfer of the risk of damage to the goods to the Buyer. This does not apply if the seller caused the defect.

6.6.
6.6.1. The rights of the defect and the right to the quality guarantee apply to the seller:
a) by post at the address of the Seller Oblekovická 185/133, 671 81, Znojmo or
b) by e-mail at vyridilna@loutkymasek.cz

 
The Buyer is obliged to clearly identify the relevant Purchase Agreement (best to state the number and date of the order, date of receipt of the goods) and to prove that it is the person entitled to make a complaint (preferably by documenting the ownership of the goods - eg invoice) and to give a brief description of the defects , preferably with photo documentation.


6.6.2. The Seller is obliged to issue to the Buyer a written confirmation of when the Buyer has exercised the right, what is the content of the complaint and what manner of settlement of the claim the Buyer requires; and a confirmation of the date and manner of settling the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim.


6.6.3. The seller decides on the claim immediately, in complex cases within three working days. This period does not include the period of time appropriate to the type of goods or services required for the expert assessment of the defect. Complaints, including removal of defects, must be handled without undue delay, no later than 30 days from the date of claim, unless the seller and the buyer agree on a longer period.


VII.
Protection of personal data

7.1. By sending an order to the Seller, the Buyer agrees to the processing of all personal and other personal data in the Order (hereinafter referred to as "Personal Data").
Personal data will be processed by the seller, Pavel Mašek, in particular for offering business and services, as well as sending commercial messages, inter alia, by electronic means in the sense of Act No. 480/2004 Coll., On certain information society services (in particular by e-mail).
Consent is granted until the withdrawal of consent. The Buyer acknowledges that it has the rights under Sections 11 and 21 of Act No. 101/2000 Coll., On Personal Data Protection, including relevant European Community regulations, ie in particular that the provision of personal data is voluntary and that it has the right to access personal data. Any entity that discovers or believes that the controller is processing his or her personal data that is contrary to the privacy of the data subject's personal or personal life, or in violation of the law, may ask the controller or processor for explanation or request that the controller or processor eliminate such a situation; in particular, it may be blocking, correcting, supplementing or disposing of personal data.

7.2. The Seller declares that all personal data of the Buyer provided to the Seller will be treated as confidential and used only to fulfill the contract concluded with the Buyer and for the other purposes mentioned in the previous paragraph. The Seller will not pass on the Buyer's personal data to any third party except when the transfer of personal data to a third party is necessary in connection with distribution or payment in relation to the goods ordered (communication of name, telephone number and delivery address).

7.3. The buyer has the right to control and access his / her personal data after entering a password in his / her user account, or by other means specified by law. The buyer has the right to change and update their personal information by entering a password within their user account. If the Buyer so requests in writing, the Seller shall terminate the processing of the Buyer's personal data and destroy the Personal Data. Personal data is protected against misuse.

7.4 To customize your purchase, our website uses retargeting technology from Sklik and Google Ads operated by Seznam.cz, a.s. and Google, Inc. This allows us to show our visitors, who have already expressed interest in our products, our ads on the Seznam.cz, a.s. and Google, Inc. In addition, we use Content Customization Cookies that can be turned off in your browser at any time. Google Analytics records your visits information anonymously.

7.5 We find your satisfaction with the purchase by means of e-mail questionnaires in the framework of the program Customers verified and the evaluation of zbozi.cz, in which our e-shop is involved. We send them to you every time you buy from us, if within the meaning of Section 7 (3) of Act No. 480/2004 Coll. you may not decline to send some information society services. The processing of personal data for the purpose of sending questionnaires within the framework of the program verified by customers and evaluating zbozi.cz is based on our legitimate interest, which consists in determining your satisfaction with the purchase in our country. For sending questionnaires, evaluating your feedback and analyzing our market position we use the processor, which is the operator of the portal Heureka.cz and zbozi.cz for this purpose we can pass on information about the purchased goods and your e-mail address. Your personal information is not forwarded to any third party for its own purposes when sending email questionnaires. You can oppose sending email questionnaires within the framework of the Customer verification program and the zbozi.cz evaluation at any time by rejecting other questionnaires using the link in the questionnaire email. In the event of your objection, we will no longer send you a questionnaire.

VII.

Final Provisions

8.1. Should the Seller not incur any unavoidable obstacles preventing him from fulfilling his obligations to the Buyer, the Seller is entitled to unilaterally withdraw from the Contract in writing and the Buyer is obliged to immediately return the paid amount. The Seller shall not be liable to the Buyer for failure to fulfill the obligations under the concluded contract or for any damage caused by such non-fulfillment if the non-fulfillment of obligations is due to unforeseen and unavoidable events that the seller could not prevent. The Seller shall not be liable to the Buyer for any damages resulting from contracts concluded by the Buyer with other persons, in particular consequential and indirect damages.

8.2. The Buyer declares that he has secured funds to fully pay for the goods. The Buyer is not entitled to assign any of its claims against the Seller to a third party. The Buyer is not entitled to unilaterally set off any of its obligations towards the Seller with any of its claims against the Seller.

8.3. The law of the Czech Republic and the competent courts of the Czech Republic shall prevail in assessing all provisions of the concluded contract and any disputes arising from this contract. Buyer - consumer has the right to out-of-court settlement of a consumer dispute. The subject of out-of-court settlement of consumer disputes is the Czech Trade Inspection (www.coi.cz).

8.4. The contract between the Seller and the Buyer including these GTC is concluded in the Czech language.

8.5. The current wording of these GTC is published on the Internet and a link to their full text (the Internet address where the full text can be obtained) contains each order form / contract. By sending the order, the buyer confirms his explicit, full and unconditional consent to the wording of the current GTC. The Seller is entitled at any time to unilaterally change the GTC with effect from the date it determines, and this date must not precede the date of publication of their new wording on the Internet. If the contract contains a modification of the rights and obligations of the contracting parties different from the wording of these GTC, the wording of the contract shall prevail.

8.6. These GTC come into effect on 18 April 2019.


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