Terms and conditions of online store https://www.zacal.net/e-shop/
1. Basic Provisions
The general business terms and conditions (further only „business terms”) of a natural person enterpreneur, non-payer VAT – self-employed, Karel Začal, with headquarters Krnovská 576, 793 76 Zlaté Hory, identification number: 79127494 , (further only „Buyer“) are issued pursuant § 1751 article 1. Act. No. 89/2012 Coll., Civil Code, as amended (further only “Civil Code”).
1.2. These Terms and Conditions modify the mutual rights and obligations of the parties arising out of or on the basis of a purchase contract (further only “Purchase Agreement”) concluded between the Seller and another natural person (further only “Buyer”) through the Online Store at https://www.zacal.net/e-shop/ (further only the “Online Store”).
1.3. The business terms and the purchase contract are primarily drawn up in Czech language, unless the parties agree on another language. The contractual relationship is governed by Czech law in its effective wording.
1.4. These business terms define the relationship and rights and obligations arising from it only between the seller and the buyer – a natural person, a non-entrepreneur who concludes a contract exclusively outside the scope of his business activity or independent profession.
1.5. The version of the business terms may be amended or supplemented by the Seller pursuant to Section 1752 of Act No. 89/2012 Coll., Civil Code. The change in the terms and conditions will be notified to the buyer via the seller’s website, namely https://www.zacal.net/e-shop/ in the Business Terms and Conditions of the Custom-Made Productions, with an indication of the date of entry into force of the new terms and conditions and the possibilities of previewing the previous versions of terms.
The other party has the right to refuse the amendment, in the case of a long-term contract for re-performance, and to terminate the obligation for this reason within one month of the entry into force of the new conditions.
2. Ordering Goods and Conclusion of the Purchase Conctract
2.1. The presentation of the goods listed in the https://www.zacal.net/e-shop/ online store is not an offer to conclude a contract, it is only informative and the seller is not obliged to conclude a purchase contract for these goods.
2.2. The prices of the goods are stated including value added tax, if the seller is the payer of such tax (VAT) without postage and packing. The price stated for the goods is the final price for the goods. The price of the goods is valid for as long as it is displayed in the online https://www.zacal.net/e-shop/.
2.3. Online Store https://www.zacal.net/e-shop/ also contains information on the costs associated with packaging and delivery of goods in the czech Republic.
2.4. The costs associated with packaging and delivery of goods in the Czech Republic are always stated before sending the order through the website of this online store. Costs are calculated according to public and private price lists of transport companies depending on the weight, payment method and delivery method chosen in the order form.
2.5. Before sending the order to the seller, the buyer is allowed to change the order and modify the data he has entered into the order and check the correctness of the entered data.
2.6. The buyer’s costs incurred when using means of distance communication in connection with the conclusion of the purchase contract (costs of telephone calls, costs of internet connection, etc.) on the part of the buyer are borne by the buyer himself.
2.7. The Buyer performs the ordering of the goods in the following ways:
• a) the buyer “inserts” the ordered goods into the shopping cart of the online store, by pressing the “Add to Cart” button, through his user account, if he has registered in the online store in the previous step https://www.zacal.net/e-shop/
• b) the buyer “inserts” the ordered goods into the shopping cart of the online store, pressing the “Add to Cart” button, without the need for a customer account and registration.
2.8. The buyer sends the order to the seller by clicking on the “Order” button. All data specified in the order are considered by the seller as correct. The Buyer thus confirms that he has filled in all mandatory data correctly, according to his knowledge and conscience when creating the order and by clicking on the “Order” button, he agrees to these terms and conditions.
2.9. All orders sent from the buyer to the seller are considered to be binding.
2.10. Immediately after sending the order to the seller, the seller will issue a confirmation of delivery of the order to the buyer by e-mail to the contact specified by the buyer in the order or in the user account of the https://www.zacal.net/e-shop/ online store, where the buyer made the registration. This confirmation is not considered to be the conclusion of a purchase contract.
2.11. When the buyer delivers the order from the buyer, the seller has the right to contact the buyer in order to complete the missing data, change and modify the data in the order.
2.12. If the nature of the order so requires, the seller is entitled to contact the buyer and request his cooperation to conclude the purchase contract.
2.13. The conclusion of the purchase contract between the seller and the buyer arises only by confirming the order by the seller. The seller will issue the order confirmation to the buyer and send it to the e-mail address communicated to him by the buyer in the order.
2.14. In case of a technical malfunction on the part of the seller, an obvious wrong display prices of products or combinations of discounts causing the minimum price of an order of an online store, the seller is not obliged to deliver the goods or services at that price to the buyer. Even if the order is confirmed or paid by cashless payment (credit card, bank transfer or other payment method).
2.15. These Terms and Conditions apply only to the purchase of goods through the online store https://www.zacal.net/e-shop/
3. Price
3.1. The price of the goods and any costs associated with transport, modification of the product (if the seller provides it directly in the online store), the buyer can pay in the following ways:
• by wire transfer to the seller’s bank account No. 1905882073/0800, held with Česká Spořitelna. Domestic payments free of charge, payments from abroad with a fee of 5% of the total price of the order.
• delivery at the place specified by the buyer in the order form (fee 60 CZK)
• cashless via the PayPal (account: karel@zacal.net). Fee 6% of the total order price.
• cashless via the Wise.com
3.2. The buyer is obliged to pay the seller the purchase price of the goods, but also the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price and the costs associated with the delivery of the goods are also understood.
3.3. In the case of cash on delivery or cash payment, the price of the goods is payable on receipt or on the date of delivery of the goods. In the case of a non-cash payment, the purchase price is payable within 10 working days of the conclusion of the purchase contract.
3.4. In the case of a non-cash payment, the buyer is obliged to pay the purchase price together with the specified variable symbol to the seller’s bank account. The buyer’s obligation is fulfilled by crediting the appropriate amount of the purchase price to the seller’s account.
3.5. Pursuant to the provisions of § 1820 para. in this article b) of the Civil Code, the seller does not require the buyer to make an advance or other similar payment. Payment of the purchase price of the goods before their dispatch cannot be considered as an advance.
3.6. The tax document is made by the seller only after payment of the purchase price of the goods by the buyer and is delivered by the seller to the buyer at the e-mail address communicated to him by the buyer in the order and/or physically handed over when the goods are personally picked up at the seller’s premises and/or sent to the buyer at the same time as the goods.
4. Delivery of Goods
4.1. The cost of delivery of the goods is always stated in the order and subsequent confirmation issued by the seller according to the specified method and type of delivery.
4.2. The buyer is obliged to take over the goods at the place specified in the order, if he does not do so, there is a risk of non-delivery of the goods and their return to the seller. In the case of subsequently requested repeated delivery by the seller, the buyer acknowledges the repeated shipping costs in the amount of its original price.
4.3. The buyer is obliged to thoroughly check the shipment when receiving the goods from the carrier, if the packaging or the goods themselves are not damaged. If the buyer does not agree to the receipt of the goods, he is obliged to notify the carrier without delay. In case of detection of defects on the packaging or directly on the goods, the buyer is not obliged to take over the consignment from the carrier.
4.4. By paying for the goods and taking over the goods from the carrier, the buyer takes ownership and all obligations associated with it. By taking over the goods by the buyer, the buyer assumes the risk of damage to the goods.
4.5. The goods are delivered to the buyer:
• via a company/companies: Česká pošta (Czech Post)
• Od the adress stated by the buyer in the order form
• personal collection at the seller’s premises at: Čsl.armády 806/43b, Krnov 794 01
4.6. Personal collection is not charged.
4.7. The goods are usually handed over to the carrier within 14 working days.
4.8. The buyer, who chose the form of delivery by pick-up at the store, is obliged to pick up the goods within 10 days. The seller will personally inform the buyer about the possibility of picking up the goods by sending a message to the e-mail address or by telephone call.
5. Customer Account
5.1. The online store allows ordering goods without registration. Registration is not possible in this store.
6. Withfrawal from the Purchase Concract
6.1. The Buyer is entitled under § 1829 para. 1 of the Civil Code, withdraw from the purchase contract within 14 days of receipt of the goods.
6.2. If the order is divided or contains several parts (or goods) that are delivered at a time apart, the withdrawal period begins to run from the delivery of the last part (of the goods).
6.3. Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days after receipt of the last part or goods of the order).
6.4. In the case of withdrawal from the purchase contract pursuant to § 1829 para. 1 of the Civil Code, the seller returns the received funds to the buyer within 14 days of receipt of the goods. The seller is not obliged to return the received funds to the buyer before the goods are delivered back to the seller or otherwise according to the agreement with the buyer.
6.5. The buyer will return the goods to the seller, which must not be damaged, must not show signs of excessive use and must not be soiled or otherwise degraded. The buyer will also return the goods in the original packaging, if possible.
6.6. If the seller offers several options for delivery of goods, when withdrawing from the contract and returning the goods to the buyer, the buyer is always refunded the amount of postage according to the cheapest method of delivery according to the variant. This amount is then returned by the seller to the buyer, as opposed to the buyer’s right to a refund of the purchase price.
6.7. The funds will be returned to the buyer in the same way as the seller received, unless otherwise agreed with the buyer.
6.8. Withdrawal from the purchase contract must be sent to the seller to the delivery address specified in these terms and conditions or to the e-mail address: karel@zacal.net. The seller immediately confirms the acceptance of withdrawal from the purchase agreement to the buyer.
6.9. To withdraw from the purchase agreement, it is possible to use the form provided by the seller and listed at the end of these general terms and conditions. The withdrawal form is available for download separately at https://www.zacal.net/e-shop/.
6.10. The seller is entitled to withdraw from the purchase contract until the moment of receipt of the goods by the buyer. It may do so in several cases, such as the sale of stocks, the interruption of the supply of goods from the manufacturer or supplier, or due to the unavailability of the goods and other cases arising from a third party.
6.11. In case of withdrawal from the purchase contract by the seller, the seller immediately informs the buyer via e-mail address, telephone or other communication channel. All funds received, including shipping costs from the buyer, will be returned by the seller in the same way, or in a different way specified by the buyer.
7. Liability for Defects
7.1. The liability for defects are governed by the provisions of Sections 1914 to 1925, Sections 2099 to 2117, then Sections 2161 to 2174 of Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., on consumer protection.
7.2. The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the thing,
• the item has the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or manufacturer, or the characteristics which the buyer expected having regard to the nature of the goods and the advertising made by them,
• the thing is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used,
• the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
• is the thing in the appropriate quantity, measure or weight,
• the goods comply with the requirements of legal regulations.
7.3. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
7.4. If the nature of the goods or services allows, the buyer has the right to inspect or demonstrate the function of the product.
7.5. If the buyer did not report the defect without undue delay after he could find it in a timely inspection and with sufficient care, the court will not grant him the right to defective performance. If it is a hidden defect, the same applies if the defect was not reported without undue delay after the buyer could find it with sufficient care, but no later than two years after the delivery of the item.
7.6. If there is a defect in the goods for which the goods cannot be used the usual way, the buyer can claim from the seller the right from defective performance (“complaint”) and demand:
• elimination of a defect by delivery of a new item without a defect or by delivery of a missing part that was damaged
• a reasonable discount from the purchase price
• elimination of the defect by repairing the part
• withdrawal from the contact.
7.7. The buyer is entitled to withdraw from the purchase contract if the goods:
• has a significant defect which makes it impossible to use it in the usual way,
• if the goods can not be used due to recurring defect or defects after repair,
• with a larger number of defects (three or more defects).
7.8. The buyer informs the seller in writing which right he has chosen when notifying the defect, or without undue delay after notifying the seller of the defect. The buyer cannot change the choice without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.
7.9. Until the buyer exercises the right to a discount on the purchase price or withdraws from the contract, the seller may deliver what is missing or eliminate the legal defect. Other defects may be removed by the seller at his option by repairing the item or by delivering a new item; the choice must not impose disproportionate costs on the buyer.
7.10. The buyer cannot exercise the right from defective performance if he knew about the defect at the time of acceptance or caused it himself.
7.11. The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature and type of goods allow it.
7.12. The seller will notify the buyer in writing of the outcome of the complaint.
7.13. The buyer is entitled to exercise the right from a defect that occurs in the goods within twenty-four (24) months from receipt of the goods.
7.14. If the buyer does not report the defect in time, he loses the right to withdraw from the contract.
8. Out-of-court settlement of a dispute (ADR – Alternative Dispute of Resolution)
8.1. Mutual disputes between the seller and the buyer are resolved by ordinary courts.
8.2. Pursuant to Act No. 634/1992 Coll., On Consumer Protection, as amended, the buyer has the right to out-of-court settlement of a consumer dispute arising from the purchase contract. The entity authorized to settle out-of-court disputes is the Czech Trade Inspection Authority (abbreviated as CTIA) at Štěpánská 567/15, 120 00, Prague 2 – Nové Město. You can find how to proceed in the case of out-of-court settlement of consumer disputes, including the possibility of a proposal, on the websites https://www.coi.cz/ and https://www.coi.cz/informace-o-adr/.
8.3. Assistance in the case of cross-border out-of-court settlement of consumer disputes is provided by the European Consumer Center Czech Republic (abbreviated ESC CR). The contact address of ESC ČR is Štěpánská 567/15, 120 00 Prague 2 – Nové Město. Advice and information on individual markets, including a platform for resolving out-of-court consumer disputes, can be found at https://evropskyspotrebitel.cz/ and https://ec.europa.eu/consumers/odr/main/.
9. Final Provisions
9.1. The provisions arising from these terms and conditions and the purchase contracts concluded between them between the buyer and the seller, in the case of the entry of a foreign entity, are subject to the laws of the Czech Republic. However, this does not affect the rights of the buyer under Regulation (EC) No 593/2008 of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I).
9.2. In the case of force majeure or any other outage of the online store, the seller is not responsible for the impossibility of order execution.
9.3. Deviating agreements can be agreed in the purchase contract, which then take precedence over the establishment of these terms and conditions.
9.4. The seller reserves the right to change or supplement these terms and conditions. However, this provision does not affect the rights and obligations under the previous version of the General Terms and Conditions.
These terms and conditions take effect on 21.07.2021.
10. Complaints Procedure
10.1. This complaint procedure is an integral part of the general terms and conditions of the online store https://www.zacal.net/e-shop/, and defines the basic conditions and method of claiming defects of goods by the buyer.
This complaint procedure is based on the provisions of Act No. 89/2012 Coll., The Civil Code, as amended, and Act No. 634/1992 Coll., On consumer protection. These Complaints Rules define the relationship between the seller and the buyer – a natural person, a non-entrepreneur who enters into a contract exclusively outside the scope of his business or independent profession.
10.2. The buyer is obliged to get acquainted with the general terms and conditions and the complaint procedure before ordering the goods, but no later than the buyer to get acquainted with them before sending the order in the online store https://www.zacal.net/e-shop/, if you agree with by understanding them and getting to know them, the buyer confirms by checking the appropriate box when creating the order itself. It is not possible to send the buyer’s order without checking this box. The Seller / Operator of the website https://www.zacal.net/e-shop/ registers the Buyers’ orders, it also registers the tick in the box.
10.3. The conclusion of the purchase contract and the acceptance of the goods by the buyer is considered consent to the complaint procedure and business conditions.
10.4. The buyer is obliged to prove the purchase of goods in the online store https://www.zacal.net/e-shop/, especially by a tax document issued by the seller.
10.5. To speed up the complaint process, the buyer can describe the defects in the goods and choose the method of handling the complaint.
10.6. If the order is divided, or contains several parts (or goods), which are delivered at intervals, the period for withdrawal from the purchase contract begins to run from the delivery of the last part (goods). Withdrawal from the purchase contract must be sent to the seller within this period (no later than 14 days from receipt of the last part or goods of the order).
10.7. The seller responds to the buyer that the item has no defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the thing if:
• the item has the characteristics agreed upon by the parties and, in the absence of an agreement, those characteristics which the seller or manufacturer has described or which the buyer expected with regard to the nature of the goods and the advertising made by them
• the item is suitable for the purpose stated by the seller for its use or for which the thing of this kind is usually used
• the item corresponds in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model
• the item is in the appropriate quantity, measure and weight
• the goods comply with the requirements of legal regulations.
10.8. If the defect becomes apparent within six months of receipt, the item is deemed to have been defective at the time of receipt.
10.9. The seller is obliged to accept complaints at the address of the establishment or at the registered office and place of business, if the nature of the goods allows it. The address for receiving complaints about goods is: karel@zacal.net.
10.10. The seller will notify the buyer in writing of the receipt of goods for the complaint and the result of the complaint.
10.11. These Complaints Procedures govern the claim for defects that occur in the goods within twenty-four (24) months of receipt, or under a quality guarantee (such as an extended warranty).
10.12. These complaint procedures do not regulate goods with the stated expiration date in the sense of provision No. 10.15. of these conditions.
10.13. If the seller does not eliminate the defect in time or refuses to eliminate the defect, the buyer may request a discount on the purchase price or may withdraw from the purchase contract.
10.14. The buyer may file a complaint and, at its option, request settlement in accordance with the points in paragraph 6.6. of the seller’s Business Terms and Conditions.
10.15. The buyer is entitled to exercise the right to a defect that occurs in the goods within twenty-four (24) months of receipt. However, if the goods do not indicate the expiry date, the period shall be reduced to the expiry date indicated on the packaging.
10.16. If the buyer so requests, the seller will confirm to him in writing the extent and duration of his obligations in the event of defective performance. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist.
10.17. If necessary, the seller shall explain in a clear manner the content, scope, conditions and duration of his liability and the manner in which the rights deriving therefrom may be exercised. In the confirmation, the seller shall also state that other rights of the buyer, which are related to the purchase of the item, are not affected.
Failure to comply with these obligations does not affect the validity of the certificate.
This complaint procedure takes effect on July 21, 2021.
Delivery address for sending the withdrawal from the contract: karel@zacal.net
