Terms and Condition
Some Questions and Answers Regarding Purchases Through the E-Shop:
CAN I RETURN GOODS WITHOUT STATING A REASON?
Yes, goods can be returned without stating a reason within 14 days of purchase. The goods must be returned undamaged and, if possible, in the original packaging or at least in packaging that ensures the protection of the returned goods during transport.
When returning the goods, you are withdrawing from the purchase contract. Therefore, it is necessary to fill out the relevant form for withdrawal from the contract and send it properly completed by email, electronically, or through a postal service provider.
**HOW SHOULD I RETURN THE GOODS?**
By mail to the address: Jitka Vojtková, J. Moláka 3079/3, 69003 Břeclav 3.
**WHEN WILL I GET MY MONEY BACK?**
We strive to refund payments as soon as possible, no later than 14 days from the withdrawal from the contract and from the day you return the goods to us.
**DO I HAVE TO RETURN THE GOODS WITH THE ORIGINAL PACKAGING?**
It is best to return the goods in the original packaging and undamaged. The original packaging provides maximum protection against damage during transport. However, the goods can also be returned in different packaging, but it must meet the properties of the original packaging to protect the goods from damage during transport. If the returned goods are not in their original condition, the customer may not be refunded the full amount paid.
**WHAT ABOUT THE COSTS OF RETURNING THE GOODS?**
If you withdraw from the purchase contract, you bear the costs associated with returning the goods to the seller. In the case of withdrawal from the purchase contract, you are entitled to a refund of transportation costs only at the lowest offered rate.
**WHAT ARE THE RULES FOR RESOLVING DISPUTES?**
Relationships and any disputes arising from the purchase contract will be exclusively governed by the laws of the Czech Republic and will be resolved by the relevant courts of the Czech Republic.
Potential disputes between the buyer and the seller can also be resolved through an out-of-court process. In such cases, as a consumer buyer, you can contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection (http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/), or resolve the dispute online through the designated ADR platform (https://adr.coi.cz/cs).
For more information on out-of-court resolution of consumer disputes, visit http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/.
Before resorting to out-of-court resolution through the mentioned institutions, we recommend contacting the seller, who will try to resolve the situation with you.
**IF I RECEIVED A GIFT WITH THE PURCHASE, DO I NEED TO RETURN IT?**
Yes, when withdrawing from the contract, the gift agreement is also canceled. If a gift is provided to the buyer with the goods, the gift agreement between the seller and the buyer is concluded with a dissolution clause. If the buyer withdraws from the purchase contract, the gift agreement regarding such a gift loses its validity, and the buyer is obliged to return the gift to the seller along with the goods.
**DETAILS REGARDING THE PURCHASE AGREEMENT ARE DETAILED IN THE TERMS AND CONDITIONS OF SALE AND COMPLAINTS.**
**IF YOU HAVE NOT FOUND THE ANSWER TO YOUR QUESTION - CONTACT US:**
Email: vojtkova@vojtek-av.com
**TERMS AND CONDITIONS OF SALE AND COMPLAINTS:**
Jitka Vojtková, with registered office at Jana Moláka 3079/3, 69003 Břeclav 3, registered under the Trade Licensing Act in the register of the Municipal Office of Břeclav, operating cultural facilities, wholesale and representation, publishing books, periodicals, and other publishing activities, wholesale and retail, Ref. No. OŽÚ/1769/2009/Se/2, Reg. No. 370401/U2009/2265/Se, ID 70293341, bank account 175346038/0300, email: vojtkova@vojtek-av.com.
For the sale of goods through an online bookstore located at the website www.vojtek-av.com.
**1. INTRODUCTORY PROVISIONS**
1.1. These terms and conditions of sale and complaints (hereinafter referred to as "terms and conditions" or "TC") of Jitka Vojtková, with registered office at Jana Moláka 3079/3, 69003 Břeclav 3, registered under the Trade Licensing Act in the register of the Municipal Office of Břeclav, operating cultural facilities, wholesale and representation, publishing books, periodicals, and other publishing activities, wholesale and retail, Ref. No. OŽÚ/1769/2009/Se/2, Reg. No. 370401/U2009/2265/Se, ID 70293341, bank account 175346038/0300, email: vojtkova@vojtek-av.com (hereinafter referred to as the "seller") regulate, in accordance with the provisions of § 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The online store is operated by the seller on the website located at www.vojtek-av.com (hereinafter referred to as the "website") through the website 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 intending to purchase goods from the seller is a legal entity or a person who acts when ordering goods within the scope of their business or in the exercise of their independent profession.
1.3. Deviations from the terms and conditions may be agreed upon in the purchase contract. Deviations agreed upon 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 contract. 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 wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the effectiveness of the previous wording of the terms and conditions.
**2. USER ACCOUNT**
2.1. Based on registration made on the website, the buyer can access their user interface. The buyer can order goods from their user interface (hereinafter referred to as the "user account"). The buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is required to provide all data
2.3. The seller may cancel the user account, especially in cases where the buyer has not used their user account for more than 3 years or if the buyer violates their obligations under the purchase contract (including terms and conditions).
2.4. The buyer acknowledges that the user account may not be available continuously, especially considering the necessary maintenance of the hardware and software equipment of the seller or the necessary maintenance of the hardware and software equipment of third parties.
**3. CONCLUSION OF THE PURCHASE CONTRACT**
3.1. All product presentations on the store's web interface are for informational purposes, and the seller is not obliged to conclude a purchase contract for this product. The provisions of § 1732 para. 2 of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of individual items. The prices of the goods are stated, including value-added tax and all related fees. The prices of the 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 agreed conditions.
3.3. The web interface of the store also includes information about the costs associated with packaging and delivery of goods. Information about the costs associated with packaging and delivery of goods stated on the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills out the order form on the web interface of the store. The order form includes information about:
3.4.1. the ordered goods (the buyer "places" the ordered goods in 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, information on the desired method of delivery of the ordered goods,
3.4.3. information about 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 entered into the order, taking into account the buyer's ability to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking the "Order Obligingly" button. The data stated in the order is considered correct by the seller. The seller shall confirm receipt of the order to the buyer immediately upon receiving the order by electronic mail to the buyer's email address stated in the user interface or in the order (hereinafter referred to as the "buyer's email address").
3.6. Depending on the nature of the order (quantity of goods, purchase price, expected shipping costs), the seller is always entitled to request additional confirmation of the order from the buyer (e.g., in writing or by phone).
3.7. The contractual relationship between the seller and the buyer arises upon the delivery of the acceptance of the order (acceptance) sent by the seller to the buyer by electronic mail to the buyer's email address.
3.8. The buyer agrees to use remote communication means when concluding a purchase contract. The buyer shall bear the costs incurred by the buyer in using remote communication means in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs), and these costs do not differ from the basic rate.
**4. PRICE OF GOODS AND PAYMENT TERMS**
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods under the purchase contract to the seller in the following ways:
- in cash on delivery at the place specified by the buyer in the order;
- by payment in advance to the seller's account: ČSOB 175346038/0300
- in the case of a library as the buyer, the option of payment by invoice with payment within 14 days of the delivery of the goods.
4.2. Along with the purchase price, the buyer is 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 also includes the costs associated with the delivery of the goods.
4.3. The seller does not require a deposit or any similar payment from the buyer. This does not affect 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 on delivery, the purchase price is due upon receipt of the goods.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods along with the inclusion of 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 of crediting the relevant amount to the seller's account.
4.6. The seller is entitled, especially if the buyer does not provide additional confirmation of the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 para. 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is customary in business practice or if so stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice regarding payments made based on the purchase contract to the buyer. The seller is a value-added tax payer. The seller will issue and send the tax document - invoice to the buyer simultaneously with the goods.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The Buyer acknowledges that, according to § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the purchase agreement for the delivery of goods that have been adjusted according to the Buyer's wishes or for their person, from the purchase agreement for the delivery of perishable goods, as well as goods that have been irreversibly mixed with other goods after delivery, from the purchase agreement for the delivery of goods in closed packaging that the consumer has taken out of the packaging, and for hygienic reasons, it cannot be returned, and from the purchase agreement for the delivery of sound or visual recordings or computer programs if the original packaging has been violated.
5.2. If it is not a case specified in Article 5.1 or another case where it is not possible to withdraw from the purchase agreement, the Buyer, in accordance with § 1829 paragraph 1 of the Civil Code, has the right to withdraw from the purchase agreement within fourteen (14) days of receiving the goods. In the case where the subject of the purchase agreement is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase agreement must be sent to the seller within the period stated in the previous sentence. The Buyer may deliver the withdrawal from the purchase agreement in writing or by email to the address of the seller's establishment or to the seller's email address vojtkova@vojtek-av.com.
5.3. In the case of withdrawal from the purchase agreement under Article 5.2 of the terms and conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within fourteen (14) days of the buyer's withdrawal from the contract. If the buyer withdraws from the purchase agreement, the buyer bears the costs associated with returning the goods to the seller. In the event of withdrawal from the purchase agreement, the buyer is entitled to a refund of transportation costs only at the lowest offered rate.
5.4. In the event of withdrawal from the contract under Article 5.2 of the terms and conditions, the seller will refund the funds received from the buyer within fourteen (14) days of the buyer's withdrawal from the purchase agreement, in the same way that the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or in another way, if the buyer agrees to it and it does not incur additional costs for the buyer. If the buyer withdraws from the purchase agreement, the seller is not obliged to refund the funds received to the buyer until the buyer returns the goods to him or proves that he has sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the claim for damages incurred on the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase agreement at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the buyer's designated account.
5.7. If a gift is provided to the buyer together with the goods, a gift agreement between the seller and the buyer is concluded with a dissolution condition that if the buyer withdraws from the purchase agreement, the gift agreement loses its effectiveness regarding such a gift, and the buyer is obliged to return the provided gift along with the goods to the seller.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the method of transport is agreed upon based on the buyer's special request, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If, according to the purchase agreement, 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 part of the buyer, 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 repeated delivery of the goods or the costs associated with another method of delivery.
6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods, and in the event of any defects, report this immediately to the carrier. If there is evidence of damage to the packaging indicating unauthorized entry into the shipment, the buyer is not obliged to accept the shipment from the carrier.
6.5. The seller does not assume responsibility for damages arising from the operation of products, functional properties, and damages from improper use of products, as well as damages caused by external events and improper handling. The warranty does not apply to defects of this origin, nor does the provided warranty apply.
6.7. Other rights and obligations of the parties in the transportation of goods may be regulated by special delivery conditions and the seller's complaint conditions, if
7. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE AND COMPLAINT CONDITIONS
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance shall be governed by the relevant mandatory legal regulations (especially provisions §§ 1914 to 1925, §§ 2099 to 2117, and §§ 2161 to 2174 of the Civil Code).
7.2. The seller assures the buyer that the goods are free from defects upon acceptance. In particular, the seller assures the buyer that, at the time the buyer takes over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties, and if there are no agreements, they have such characteristics that the seller or manufacturer described or that the buyer expected based on the nature of the goods and the advertising carried out by them,
7.2.2. the goods are suitable for the purpose for which the seller states its use or for which goods of this kind are commonly used,
7.2.3. the goods correspond to the quality or performance agreed upon by the agreed sample or template, if the quality or performance was determined according to the agreed sample or template,
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 in Art. 7.2 of the terms and conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear caused by its normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the buyer, or if it follows from the nature of the goods.
7.4. The buyer asserts the rights arising from defective performance against the seller at the address of his establishment, usually by completing the complaint protocol, see the attachment to these conditions. The moment of claiming the complaint is considered the moment when the seller received the claimed goods from the buyer.
7.5. If defective performance is acknowledged, the costs associated with sending the goods will be reimbursed to the buyer by check or to the account, as agreed.
7.6. The seller will inform the buyer about the resolution of the complaint by phone or email.
7.7. Complaints about defects in goods and the procedure for handling them:
7.7.1. The buyer is obliged to inspect the shipment with the goods before accepting it to see if it is properly packaged and shows no damage. If the shipment is clearly damaged, the buyer has the right to refuse acceptance.
7.7.2. If the buyer has received the shipment, it is considered that the shipment was delivered properly, and the buyer acquires ownership rights to the delivered goods.
7.7.3. If the item does not have the properties according to paragraph 7.2., the buyer may also demand the delivery of a new item without defects (§ 2169 CC), if it is not unreasonable given the nature of the defect, but if the defect concerns only a part of the item, the buyer may only request the replacement of the part; if this is not possible, the buyer may withdraw from the contract. However, if it is unreasonable due to the nature of the defect, especially if the defect can be rectified without undue delay, the buyer has the right to free defect removal.
7.7.4. The right to deliver a new item or replace a part also belongs to the buyer in the case of a remediable defect if the buyer cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer also has the right to withdraw from the contract.
7.7.5. If the buyer does not withdraw from the contract or does not assert the right to deliver a new item without defects, replace its part, or repair the item, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace its part, or repair the item, as well as if the seller does not remedy the defect within a reasonable time or if rectifying the defect would cause considerable difficulties for the consumer.
7.7.6. The buyer is entitled to assert the right to defects in the goods existing at the time of takeover, which occurs within twenty-four months of its takeover.
7.7.7. If the buyer does not report a defect in the goods in time, without undue delay after discovering it or when he could have discovered it with timely inspection, the seller has the right to reject a complaint about such a defect.
7.7.8. The seller is not responsible for defects in the goods arising after its delivery due to improper handling, use other than the usual method, wear and tear caused by normal use, and the effects of force majeure.
7.7.9. The exchange or removal of defects in the goods during the warranty period will be ensured by the seller at his own expense, with any repairs to the goods being carried out by professionally qualified individuals.
7.7.10. The buyer is obliged to assert the rights arising from defects in writing, delivered to the seller's place of business specified in Art. I, para. 1 of the Commercial Code, along with a properly filled out Complaint Protocol, which constitutes Annex No. 1, without undue delay from the moment of discovering the defect in the goods. Along with the complaint notification and the Complaint Protocol, the buyer is obliged to submit proof of payment and delivery of the goods whose defects are being claimed.
7.7.11. If the complaint concerns several pieces of goods, the buyer is obliged to fill in a separate Complaint Protocol for each claimed piece. If the buyer complains about individual pieces of goods that were delivered to him by the seller in multiple deliveries, the buyer is obliged to submit documents of payment and delivery of the goods relating to each delivery.
7.7.12. The seller undertakes to inform the buyer about the handling of the complaint within 3 business days of its receipt. If the seller decides to settle the complaint about the goods claimed by the buyer by returning the goods to the seller and returning the purchase price to the buyer, the buyer is obliged to return the goods to the seller within 14 days from the date he received the above information from the seller. The seller is then obliged to return the purchase price to the buyer within 14 days from the date of receiving the returned goods. The same procedure is followed in the case of settling a complaint by exchanging goods. If, in the above cases, the buyer does not return the claimed goods to the seller within the specified fourteen-day period, this fact is considered a withdrawal of the complaint by the buyer.
7.7.13. The seller will handle the complaint without undue delay, no later than 30 days from the date of filing the complaint, unless an agreement on a longer period is reached with the buyer.
7.7.14. The seller will send the buyer a confirmation of when the buyer claimed the complaint, the content of the complaint, and the method of handling the complaint requested by the buyer. The seller will also confirm to the buyer the date and method of handling the complaint, including confirmation of any repairs carried out and the duration of the repair in writing, or explain in writing the rejection of the complaint.
7.7.15 Communication between the seller and the buyer regarding complaints will be conducted through email at vojtkova@vojtek-av.com, in the case of the seller, and at the addresses specified in Article I, paragraphs 2 and 3 of the Commercial Register of Entrepreneurs (ORP), in the case of the buyer, or in writing. For the seller, the delivery address is specified in Article I, paragraph 1 of the ORP, and for the buyer, it is the address indicated as the "Delivery Address" in the "ORDER" form.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price.
8.2. The seller is not bound by any codes of conduct concerning the buyer in terms of Section 1826, paragraph 1, letter e) of the Civil Code.
8.3. The resolution of consumer complaints is ensured by the seller via the electronic address vojtkova@vojtek-av.com. The seller will send information about the resolution of the complaint or the buyer's complaint to the buyer's electronic address.
8.3.1. Relations and any disputes arising from the contract will be exclusively governed by the law of the Czech Republic and will be resolved by the relevant courts of the Czech Republic.
8.3.2. Potential disputes between the seller and the buyer can also be resolved through out-of-court means. In such cases, the buyer-consumer can contact an out-of-court dispute resolution entity, such as the Czech Trade Inspection (http://www.coi.cz/), or resolve the dispute online through a designated ADR platform.
8.3.3. More information on out-of-court dispute resolution can be found here: (http://www.coi.cz/cz/spotrebitel/prava-spotrebitelu/mimosoudni-reseni-spotrebitelskych-sporu-adr/).
Before resorting to out-of-court dispute resolution, we recommend that the buyer first use the contact email vojtkova@vojtek-av.com to address the situation.
8.4. The buyer hereby assumes the risk of changes in circumstances according to Section 1765, paragraph 2 of the Civil Code.
9. PERSONAL DATA PROTECTION
9.1. For more information and precise conditions regarding personal data, their processing, and protection, please refer to the Privacy and Personal Data Protection section. By using the vojtek-av.com website, you agree to the storage of so-called cookies on your computer.
12. WARRANTY PERIOD
12.1. The warranty period for consumer goods is 24 months and begins on the day the buyer takes possession of the goods. The seller may extend the warranty period. In the case of exchanging goods, a new warranty period for the specific product begins again from the date of receiving the new item. Buyers who are not consumers have a 6-month warranty.
13. FINAL PROVISIONS
13.1. If any provision of the terms and conditions is invalid or ineffective, or becomes so, the provision whose meaning most closely approximates the invalid provision will replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions. Changes and additions to the purchase agreement or terms and conditions require written form.
13.2. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
13.3. The appendix to the terms and conditions consists of a model form for withdrawal from the purchase agreement and a complaint protocol.
13.5. Contact details of the seller: delivery address Jitka Vojtková, with registered office at Jana Moláka 3079/3, 69003 Břeclav 3, registered in the Trade Register of the Municipal Office of Břeclav, operating cultural facilities, mediating wholesale and wholesale representation, publishing books, periodicals, and other publishing activities, wholesale and retail, Ref. OŽÚ/1769/2009/Se/2, reg. No. 370401/U2009/2265/Se, ID 70293341, ČSOB bank account 175346038/0300, email: vojtkova@vojtek-av.com.
13.6. The seller is authorized to change or supplement the wording of the terms and conditions at any time in a reasonable manner. These changes will typically result from changes in legislation or the electronic system, or for marketing reasons. Rights and obligations arising during the effectiveness of the previous wording of the terms and conditions are not affected by these changes. The seller will announce the change of the terms and conditions on the e-shop's website. The buyer will have the opportunity to terminate the purchase agreement within 14 days from the date they learned about this change, as proven.
Attachments:
1) Complaint protocol forms Appendix No. 1
2) Form "WITHDRAWAL FROM THE DISTANCE CONTRACT" with information about the right to withdraw from the contract forms Appendix No. 2
Příloha č 1 Reklamační protokol: ke stažení zde: stáhnout reklamační protokol Jitka Vojtková, se sídlem Jana Moláka 3079/3, 69003 Břeclav 3, zapsáno dle živnostenského zákona v rejstříku Městského úřadu Břeclav, provozování kulturních zařízení, prostředkování velkoobchodu a velkoobchodu v zastoupení, vydávání knih, periodických publikací a ostatní vydavatelské činnosti, velkoobchod a maloobchod, Č.j. OŽÚ/1769/2009/Se/2, e.č. 370401/U2009/2265/Se, IČ 70293341, bankovní spojení ČSOB 175346038/0300, e-mail. : vojtkova@vojtek-av.com |
REKLAMAČNI PROTOKOL |
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