I. Introductory provisions
1. These Business Conditions regulate the mutual rights and obligations of the contracting parties, ie the seller, which is the company ROYAL CZECH PORCELAIN s.r.o. Tachovske nam. 90/2, 130 00 Praha-3, Czech Republic IČO 29135851, The company is registered in the Commercial Register, which is kept in Prague, section C, insert 20262. (hereinafter referred to as the seller) and the buyer, which may be a consumer - ie a natural person , who does not act within the scope of his business activity (hereinafter referred to as the buyer or consumer) or an entrepreneur - ie another natural or legal person who purchases goods within his business activity (hereinafter referred to as the buyer), when purchasing goods via the Internet the seller's store on the website www.rcposuda.com
2. All contractual relations between the seller and the buyer are governed by generally binding legal regulations of the Czech Republic. If the buyer is a consumer, the relations that are not regulated by the Terms and Conditions are governed, in particular by Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On Consumer Protection, as amended. If the buyer is an entrepreneur, the relations that are not regulated by the Business Conditions are governed, in particular by Act No. 89/2012 Coll., The Civil Code, as amended. The provisions of the Business Terms and Conditions governing the legal rights of the consumer (eg withdrawal from the purchase contract pursuant to Article VI. Of these Business Terms and Conditions) apply only to the buyer in the position of a consumer.
3. The Seller is entitled to unilaterally change these Business Conditions to a reasonable extent. The current version of the Terms and Conditions is available on the website www.rcposuda.com
II. Notice before concluding the purchase contract
The seller states that:
- the cost of the means of distance communication does not differ from the basic rate, it depends on the conditions of the specific internet connection provider and the electronic communications service provider of the buyer,
- the consumer is entitled to file a complaint with the relevant supervisory or state supervisory authority (eg the relevant trade licensing office, the Czech Trade Inspection Authority, the Office for Personal Data Protection).
III. Ordering goods and concluding a purchase contract
1. If the buyer is a consumer, the proposal for concluding a contract (offer) is the placement of the offered goods by the seller in the seller's online store on the website www.rcposuda.com.
2. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (eg the cost of internet connection, telephone calls) shall be borne by the buyer himself.
3. The condition for a valid electronic order is the completion of all prescribed data specified in the order form. The buyer is sufficiently informed of the Terms and Conditions before placing the order and has the opportunity to become acquainted with them. Information on the individual technical steps leading to the conclusion of the purchase contract is evident from the ordering process in the seller's online store on the website www.rcposuda.com and the buyer has the opportunity to check his order before sending the order and possibly correct or change it. If the buyer agrees with the order, he sends the order to the seller. By sending the order, the buyer confirms that he has read the Business Terms and Conditions, which are an integral part of the purchase contract, understood them and expressly agrees with them.
4. The purchase contract is created by sending the order to the buyer and acceptance of the order by the seller. The seller is obliged to immediately confirm the receipt of the order to the buyer by an informative e-mail, in which the details of the order are given, to the e-mail address provided by the buyer during registration or in the order form.
5. The seller reserves the right to cancel the order or part thereof if the goods are no longer produced or delivered or the price specified by the supplier of the goods has changed significantly. In this case, the seller immediately contacts the buyer to agree on further action.
IV. Price of goods and payment terms
1. The prices of goods listed in the seller's online store on the website www.rcposuda.com are final, including VAT.
2. The buyer is entitled to use the following methods of payment for the ordered goods when purchasing in the seller's online store:
a) payment in cash at the seller's premises at Revoluční 218, Nové Sedlo u Lokte, 357 34 upon personal acceptance of the ordered goods,
b) payment by credit card online,
c) payment by cash on delivery (ie in cash to the driver of the carrier upon delivery of the goods), only the Czech Republic
d) payment in advance (ie before delivery of the goods) by bank transfer to the seller's account, which the seller will inform the buyer by e-mail to the e-mail address provided by the buyer during registration or in the order form.
3. The buyer is also obliged to pay the seller the costs associated with the packaging and delivery of goods, in the case of foreign payment bank charges. The cost of delivery of goods varies according to the chosen method of delivery of goods. The buyer chooses the specific method of delivery of goods when filling out the order form.
4. Based on the purchase contract, the seller will issue a tax document - invoice to the buyer.
5. The seller reserves the right of ownership of the goods, and therefore the buyer becomes the owner of the ordered goods only by full payment of the purchase price.
V. Delivery of goods
1. The buyer is entitled to use the following methods of delivery of goods when purchasing in the seller's online store:
a) personal acceptance of the ordered goods at the seller's premises at Revoluční 218, Nové Sedlo u Lokte, 357 34
b) delivery by Czech Post,
c) priority transport by Czech Post to Slovakia - the goods will be delivered by Slovak Post,
d) economic transport abroad using local post office,
e) priority transport abroad using local post.
2. If the goods are in stock, the order is delivered to the buyer as soon as possible, usually within 1 - 3 working days within the Czech Republic, 5 working days to Slovakia, 1 - 3 weeks in Europe, 1 - 6 weeks to other countries, 1 - 4 months to Australia. In exceptional cases, the delivery time may be longer. If the goods are not in stock, the buyer is informed by phone or e-mail about the possibilities of later delivery of goods. In the event that it is necessary to satisfy the buyer's order with several partial shipments, because part of the goods are not in stock, the buyer pays the costs associated with packaging and delivery of goods only once, in the amount specified in the order confirmation.
3. The place of delivery of goods is determined on the basis of the buyer's order. Transport to the delivery address specified by the buyer in the order form is provided by the seller.
4. Upon receipt of the ordered goods from the carrier, the buyer is obliged to thoroughly check the goods immediately upon receipt. In the event that the packaging is damaged or other facts indicate that the goods themselves could be damaged, the buyer is entitled to refuse to accept the shipment, which is not in accordance with the purchase contract. If the buyer accepts such a damaged consignment, it is necessary to write a record of the damage to the consignment with the carrier's driver.
VI. Withdrawal from the contract by the consumer
1. The right to withdraw from the contract
The consumer has the right to withdraw from the purchase contract within 14 days without giving a reason.
The consumer has the right to withdraw from the contract without giving a reason within 14 days from the day following the day on which the consumer takes over the ordered goods.
In order to comply with the withdrawal period, it is sufficient to send the withdrawal before the expiry of the relevant period.
2. Consequences of withdrawal from the contract
If the consumer withdraws from the purchase contract, the seller shall return without undue delay, no later than 14 days from the date on which the seller was notified of the withdrawal, all payments received by the seller from the consumer, including delivery costs (except for additional costs incurred due to the method of delivery chosen by the consumer, which is different from the cheapest standard delivery method offered by the seller). For refunds, the seller shall use the same means of payment that the consumer used to make the initial transaction, unless the consumer has expressly provided otherwise. In no case will this incur additional costs for the consumer.
The seller will return the payment only after receiving the returned goods
a) Acceptance of goods
The consumer is obliged to return the goods without undue delay, no later than 14 days from the date of withdrawal from the purchase contract, or hand them over at ROYAL CZECH PORCELAIN s.r.o. Tachvske nam. 90/2, 130 00 Praha-3, Czech Republic. The time limit shall be deemed to have been observed if the consumer returns the goods to the seller before the expiry of 14 days.
b) Costs associated with the return of goods
The consumer will bear the direct costs associated with returning the goods.
The consumer should return the goods complete, ie including all delivered accessories, with complete documentation, undamaged, clean, if possible including the original packaging, in the condition and value in which he received the goods.
c) Liability for reduction in the value of returned goods
The consumer is only responsible for the reduction in the value of the goods as a result of handling the goods in a manner other than that which is necessary to become familiar with the nature and characteristics of the goods, including their functionality.
VII. Liability for defects and warranty
1. The buyer shall inspect the consignment as soon as possible after receipt, ie no later than 24 hours after receipt of the consignment, and shall ascertain its characteristics and quantity.
2. The consumer is entitled to exercise the right of defective performance within 24 months of receipt of the goods. The warranty does not cover normal wear and tear of the goods caused by use. In such a case, the shorter service life of the product cannot be considered a defect and cannot be claimed as such.
3. At the request of the consumer, the seller is obliged to provide the consumer with a guarantee in writing (eg warranty card, confirmation). The said confirmation may be replaced by a document on the purchase of goods, if it contains the business name of the seller, its registered office and ID number.
4. The seller is responsible to the buyer that the ordered goods are not defective upon receipt, especially that the goods have the quality and useful properties required by the contract, described by the seller, or the quality and useful properties usual for goods of this kind, meets the requirements of legislation, is in appropriate quantity and corresponds the purpose stated by the seller for the use of the goods or for which such goods are normally used.
5. If the goods are defective, the consumer has the right to rectify the defect free of charge without undue delay. The consumer may also demand the delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, withdraw from the purchase contract or demand a reasonable discount on the price.
6. The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the goods have a defect or if the buyer caused the defect himself.
7. The rights of the buyer arising from the seller's liability for defects, including the seller's warranty liability, are exercised by the buyer at the seller, ie from ROYAL CZECH PORCELAIN s.r.o. Tachvske nam. 90/2, 130 00 Praha-3, Czech Republic. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
8. The seller decides on the complaint immediately, in complex cases within 3 working days. This period does not include the time appropriate to the type of goods needed for a professional assessment of the defect. Complaints, including the elimination of defects, will be settled by the seller without undue delay, no later than 30 calendar days from the date of the complaint, unless the seller agrees with the consumer
VIII. Protection of personal data
More detailed information on the processing and protection of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation), the so-called GDPR, are available on the seller's website: www.rcposuda.com
IX. Final Provisions
1. All provisions of these Terms and Conditions are severable, and should any of their provisions become invalid, unlawful or contrary to the public interest, the validity of the other provisions shall not be affected and the Terms and Conditions shall be treated as if they never contained such invalid provisions.
2. All legal relations arising from the purchase contract are governed by the law of the Czech Republic. Any disputes arising on the basis of the purchase contract fall within the jurisdiction of the courts of the Czech Republic.
3. In the event of a dispute between the buyer-consumer and the seller, the consumer may also use the possibility of out-of-court dispute resolution and contact the entity of out-of-court dispute resolution, which is the Czech Trade Inspection Authority, Štěpánská 567/15, 120 00 Prague 2, www.coi.cz.
4. These Terms and Conditions shall enter into force and effect on 25 May 2018 and shall replace all previous versions of the Terms and Conditions, including all parts thereof.
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