Ulrichova 2151, 256 01 Benesov
for on line sale through katlov.com websites
1.1 These terms and conditions (“Terms and Conditions”), Jakub Vagner, Vřesová 502 252 43 Průhonice, ID: 70782300, DIC: CZ8112240004 (hereinafter referred to as “Seller”) regulate the mutual rights and obligations arising in connection with or under a purchase contract (the “purchase agreement”) concluded between the seller and any other natural or legal person (hereinafter the “Buyer”) through the online store seller. Online store is operated by the seller on the Internet at katlov.com, through a web interface (hereinafter referred to as “Web-based commerce”).
1.2 Terms and Conditions also govern the rights and obligations of the parties when the seller using the Web site located at katlov.com (the “Website”) and other related legal relations.
1.3. Provisions diverging from commercial terms can be agreed in the sales contract. Divergent arrangements in the contract shall prevail over the terms of trade.
1.4 Provisions of the conditions are an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase agreement may be concluded in the Czech language.
1.5 The Business Conditions may be amended by the Seller. This provision shall not affect the rights and obligations arising after the effective period of the previous version of business condition.
2.1 Buyer can order goods without registration directly from the web interface of the shop or on the basis of registration by the purchaser on the website where the buyer can access their user. Buyers can also order goods from its user interface.
2.2 When registering on the website and ordering goods, the buyer is obliged to provide correct and true information. Buyer is obliged to update information referred to in the user account in case of any change. The data referred to by the buyer in the user account and ordering goods by the seller are deemed to be correct.
2.3 Access to user account is secured by user name and password. The buyer is obliged to maintain confidentiality regarding information necessary to access the user’s account and it is noted that the seller is not liable for any breach of this obligation by the buyer.
2.4 Buyer shall not allow the use of user account to a third party.
2.5 Seller may cancel user account, especially if the buyer breaches its obligations under the purchase contract (including terms and conditions).
2.6 Buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of hardware and software of seller or necessary maintenance of hardware and software of third parties.
3.1 Web interface contains a list of goods offered for sale, including the prices of individual goods. Prices of offered goods include value added tax, and other related fees are listed below. Offer for sale of goods and prices of goods remain in force as long as they are displayed in the web interface business. This provision does not limit the seller conclude a purchase contract under individually negotiated conditions. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase agreement regarding this product.
3.2 Web interface also contains information on the costs of packaging and delivery. Information on the costs associated with packaging and delivery of the goods listed in the web interface of trade applies only in cases where the goods are delivered within the territory of the Czech Republic.
The order form contains particular information about:
3.4 Before sending the order to the seller, the buyer is allowed to check and modify inserted data in order to detect and correct errors during inserting data into the order. The buyer sends the order by clicking on “Order Products”. The data presented in the order are believed to be correct by the seller.
Immediately after receiving an order the seller confirms it to the buyer by sending of electronic mail (email notification) to the buyer’s e-mail address specified in the user interface or in the order (hereinafter the “electronic address of the purchaser”).
3.5 Seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation (such as writing or by telephone)
3.6 The contractual relationship between seller and buyer arises by delivering of an order acceptance (acceptance) which is sent to the buyer by e-mail, at the e-mail address of the buyer.
3.7 Buyer acknowledges that Seller is not obliged to conclude a purchase contract, especially with those who previously materially breached the purchase contract (including terms and conditions).
3.8. Buyer agrees to use of distance communication means when concluding the purchase contract. Costs incurred to the buyer by using of means of distance communication regarding to concluding of the purchase agreement (the cost of Internet access, telephone costs) will be paid by the Buyer.
4.1. The price of goods and any costs associated with the delivery of goods according to the contract can the seller pay to the buyer by the following ways:
4.2 Together with the purchase price, the Buyer shall pay the costs associated with packaging and delivery. Unless expressly stated otherwise, the purchase price includes costs associated with the delivery of the goods.
4.3 In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of goods. In the case of cashless payment, the purchase price is due within 5 days of the purchase contract.
4.4 In the case of cashless payment, the buyer is obliged to pay the purchase price together with the variable symbol of the payment. In case of cashless payment the buyer is obliged to send the purchase price, together with the variable symbol of the payment. In case of cashless payment, it is done when the payment is at the account of the seller.
4.5 The seller is entitled, in when the Buyer does not send any additional confirmation (Art. 3.5) to require payment of the full purchase price before sending the goods to the buyer.
4.6 Any discounts the price of goods provided by the seller to the buyer can not be combined.
4.7 If it is customary in the trade, or if it is stipulated by generally binding legal regulations issued by the Seller in respect of payments made under a contract, the buyer sends a tax document – invoice. Seller is a payer of value added tax. The tax document – invoice is issued by the seller to the buyer after payment of the price of the goods and sent electronically to the buyer’s email address (till 10 days) or the buyer receives an invoice together with the delivered goods.
5.1 Buyer acknowledges that pursuant to the provisions of § 53 par. 8 of the Act no. 40/1964 Coll., The Civil Code, as amended (the “Civil Code”), among others, it is not possible to withdraw from the contract on the supply of “tailor made goods”, as well as goods which are subject to rapid deterioration, spoiling, from contract to delivery of audio and video recordings and computer programs if a consumer destroyed their original packaging, and the purchase contract for the supply of newspapers, periodicals and magazines.
5.1 If this is not the case referred to in art. 5.1 and other cases where you cannot withdraw from the contract, the buyer has right, in accordance with the provisions of § 53 par. 7 of the Civil Code, to withdraw from the contract, within fourteen (14) days from receiving goods. Withdrawal from the contract must be provably delivered within fourteen (14) days of receipt of after receiving of good, to the address of the seller or the seller’s e-mail address.
5.3 In case of withdrawal pursuant to Art. 5.2, the purchase contract is canceled from the beginning. The goods must be return by the seller (COMPANY Ltd., hereinafter referred to as “Seller”) within 7 working days from dispatch of withdrawal to the seller. If the purchaser breaches an obligation pursuant to the previous sentence, the Seller is entitled to a contractual penalty of CZK 30 (in words: thirty Czech crowns) for each day of delay, up to the purchase price of the goods. This provision shall not affect the right for compensation for damages resulting from breach of duty, which is subject to a penalty, even if the damage exceeds the penalty. The goods must be returned to the Seller in original condition and if it is possible, in original packaging.
5.4. Within ten (10) days from returning goods by the buyer pursuant to Art. 5.3 The Seller is entitled to examine the returned goods, particularly in order to determine whether the returned goods are not damaged, worn or partially consumed.
5.5 In case of withdrawal pursuant to Art. 5.2 seller or shipper returns the purchase price (excluding cost of delivery) to the buyer within ten (10) days from the deadline to examine the goods under Art. 5.4 of business conditions, bank transfer to an account designated by the buyer. The seller or shipper is also entitled to return the purchase price in cash at the time of returning the goods
5.6 Buyer acknowledges that if the goods returned by the buyer will be damaged, worn or partially consumed, the seller or the carrier of goods are entitled to damage recovery from the purchaser. He is entitled to get compensation, the seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price. Likewise entitled to a contractual penalty pursuant to Art. 5.3 The Seller is entitled to unilaterally set off against the claim of the purchaser to refund the purchase price.
6.1 Method of delivery of the goods is determined by the seller, unless the purchase contract states otherwise. In case that the mode of transport is negotiated at the request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If the seller under the purchase agreement must deliver the goods to the place specified by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery. If the buyer fails to take over the goods on delivery, the seller is entitled to charge a storage fee of CZK 50 (in words: fifty Czech crowns) and is entitled to withdraw from the contract.
6.3 In case that there are reasons for which the goods need to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.
6.4 When receiving goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods, and in case of any defects to notify the Seller promptly. If the buyer sees any evidence of unauthorized opening of the package the buyer need not take over the package from the carrier. By signing the delivery note buyer confirms that the shipment of goods meet all terms and conditions and any further claims of infringement of container shipments cannot be disregarded.
6.5 Other rights and obligations of the parties in the transport of goods can be modified by delivery conditions of the seller or shipper.
6.6 Information on prices of transport and payment can be found in the category All about shopping.
7.1 The rights and obligations of the parties regarding the liability of the seller for defects, including warranty liability of the seller or shipper shall be governed by the relevant legislation (in particular the provisions of § 612 et seq. of the Civil Code).
7.2 Seller is responsible for the fact that the goods are in conformity with the contract and that it is free from defects. It means that the thing has the adequate quality and properties required by the contract, the seller, manufacturer or its representative, or expected on the basis of advertisement, or the quality and properties usual for the same kind of goods, that it meets requirements of the legislation. It is in the correct quantity, measure or weight and corresponds to the purpose for which it is normally used according to the proclamation matter on receipt of the seller.
7.3 In case that the bought item is not in conformity with the contract (hereinafter referred to as “conflict with the contract”), the seller is obliged to put the product in accordance with the purchase agreement free of charge and without undue delay. There are two possible ways – to do it by exchanging the item, or by repairing it, unless such procedure is not possible, the buyer may request a reasonable discount on the price or cancel the contract. This does not apply if the buyer knew about the conflict with the contract or if he has caused such conflict with the contract he. Conflict with the contract, which will take effect within six (6) months from the date of the takeover is considered to be inconsistency in its takeover, if not in the nature of things or if it is proven otherwise.
7.4 If these are not the things that are perishable or used goods, the seller is responsible for defects that become apparent as the conflict with the contract after the item within the warranty period (guarantee).5 Rights of the buyer arise from the seller’s liability for defects, including warranty liability of the seller, the buyer applies it at the seller´s shop.
8.1. The buyer acquires ownership of the goods by paying the entire purchase price
8.2. Buyer acknowledges that the software and other content of the Web-based commerce (including photographs of the goods offered) are protected by copyright. Buyer agrees not to engage in any activity that would allow him or third persons to interfere with or use the software or other content of the web interface business unlawfully.
8.3 The buyer is not entitled to use the Web interface to use trade mechanisms, software or other actions that could negatively affect the operation of the web interface business. Web interface can be used only to the extent that it is not at the expense of the rights of other customers and the seller which is consistent with its purpose.
8.4. Seller is not in relation to the purchaser bound by codes of conduct within the meaning of § 53a paragraph. 1 of the Civil Code.
8.5. Buyer acknowledges that seller shall not be liable for errors resulting from interference by third parties to the website or arising from use of the Web site in ways not intended.
1.9. Privacy of purchaser, who is a natural person, is provided by Act no. 101/2000 Coll., On Personal Data Protection, as amended
2.9. Buyer agrees to the processing of their personal data: name, address, identification number, tax identification number, email address, telephone number (hereinafter collectively referred to as “personal data”).
3.9. Buyer agrees to the processing of personal data by the seller or shipper, for the purpose of realization of rights and obligations under the contract and for sending commercial messages and information Seller
4.9. Buyer acknowledges that he is obliged to submit personal data (for registration, in your user account, when ordering from the web interface of the shop) correctly and truthfully and without undue delay to inform the seller about the change in his personal data
5.9. The seller or shipper are allowed to appoint a third party as a processor of personal data of the buyer. In addition no personal data will be provided to third parties except to the persons transporting goods.
6.9. Personal data shall be processed for an indefinite period. Personal data will be processed electronically in an automated manner or in printed form in a non-automated way.
7.9. The buyer confirms that the personal data are accurate and that he was advised that it is voluntarily provide personal information. The buyer claims he was instructed that consent to the processing of personal data in relation to the seller or shipper can be revoked by written notice delivered to the address of the seller or shipper.
8.9. In case that the buyer believes the seller, shipper and processor (Art. 9.5) performs the processing of his personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data is inaccurate having regard to the purpose of processing, can:
9.9. If the buyer requests information regarding the processing of their personal data, the seller or shipper must deliver this information. The seller or the carrier has the right to require reasonable compensation not exceeding the costs of providing the necessary information when providing information pursuant to the preceding sentence.
10.9. Buyer agrees to receive information related to the goods, services or company of the seller to his email address and agree to receive buyer’s commercial communications to his email address.
1. 10. Unless it is specified otherwise, all correspondence related to the purchase agreement must be delivered to the other contracting party in writing, by e-mail, in person or by postal service (selected by the sender). It is delivered to the buyer´s email address specified in his user account.
2.10. The message is delivered:
1.11. If the relationship associated with the use of the Web site or the legal relationship of the purchase agreement includes an international (foreign) element, the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding legislation.
2.11. The seller is entitled to sell goods on the basis of trade license and seller´s activity is not subject to any other permissions. Trade control is carried out under its authority the Trade Office.
3.11. If any provision of the Terms and Conditions is invalid or ineffective, or becomes like this, instead of the invalid provision, a provision which comes closest to invalid provision. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the purchase agreement or terms and conditions require a written form.
4.11. The purchase contract including terms and conditions the seller is archived in electronic form and is not accessible.