Terms & Conditions
I.
Basic provision
1. These general
business conditions (hereinafter referred to as "business
conditions") are issued in accordance with § 1751 et seq. Act No. 89/2012
Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
Ciro Del Sorbo
ID: 11741465
VAT No.: CZ7501311301
Registered at Záhřebská 562/41, 120 00, Praha 2 –
Vinohrady Czech Republic
contact details:
e-mail: info@italjidlo.cz
web: www.italjidlo.cz
(hereinafter
referred to as the "seller")
2. These terms
and conditions govern the mutual rights and obligations of the seller and a
natural person who enters into a purchase contract outside his business as a
consumer or within his business (hereinafter "buyer") through a website
located on internet available at the address www.italjidlo.cz (hereinafter
referred to as the "online store").
3. The
provisions of the business conditions are an integral part of the purchase
contract. Deviating provisions in the purchase contract take precedence over
the provisions of these terms and conditions.
4. These terms
and conditions and the purchase contract are concluded in Czech and English
Languages.
II.
Information on goods and prices
1. Information
about the goods, including the prices of individual goods and their main
properties, are given for individual goods in the online store catalog. The
prices of the goods are stated including value added tax, all related fees and
costs for the return of the goods, if the goods cannot, by their nature, be returned
by the usual postal route. The prices of the goods remain valid as long as they
are displayed in the online store. This provision does not preclude the
conclusion of a purchase contract under individually agreed conditions.
2. All
presentation of goods placed in the online store catalog is for an informative
nature and the seller is not obliged to enter into a purchase agreement
regarding these goods.
3. Information
on the costs associated with the packaging and delivery of goods is published
in the online store.
4. Any
discounts on the purchase price of the goods cannot be combined with each
other, unless the seller agrees otherwise with the buyer.
III.
Ordering and concluding a purchase
contract
1. The costs
incurred by the buyer in the use of means of distance communication in
connection with the conclusion of the purchase contract (costs of internet
connection, costs of telephone calls), shall be borne by the buyer himself.
These costs do not differ from the basic rate.
2. The buyer
orders the goods in the following ways:
●
through his customer account, if he has previously registered in the online
store,
●
by filling in the order form without registration.
3. When placing
an order, the buyer chooses the goods, the number of pieces of goods, the
method of payment and delivery. Minimum order amount is 200 CZK / 8 Euro or
the equivalent amount in the currency applicable to the sale, unless otherwise
approved in writing by Seller.
4. Before
sending the order, the buyer is allowed to check and change the data he entered
in the order. The buyer sends the order to the seller by clicking on the "Order"
button. The data provided in the order are considered correct by the seller.
The condition for the validity of the order is the completion of all mandatory
data in the order form and confirmation from the buyer that he has read these
terms and conditions.
5. Immediately
after receiving the order, the seller will send the buyer a confirmation of
receipt of the order to the e-mail address that the buyer entered when
ordering. This confirmation is automatic and is not considered a contract.
Immediately after receiving the order, the seller will send the buyer a
confirmation of receipt of the order to the e-mail address that the buyer
entered when ordering. Attached to the confirmation are the current business
conditions of the seller. The purchase contract is concluded by confirming the
order by the seller to the e-mail address of the buyer.
6. In the event
that any of the requirements specified in the order cannot be met by the
seller, he will send the amended offer to the buyer's e-mail address. The
amended offer is considered a new draft of the purchase contract and in such
case the purchase contract is concluded by the buyer's confirmation of
acceptance of this offer to the seller to his e-mail address specified in these
terms and conditions.
7. All orders
accepted by the seller are binding. The buyer can cancel the order until the
buyer receives a notification of receipt of the order by the seller. The buyer
can cancel the order by e-mail of the seller specified in these terms and
conditions.
8. In the event
that an obvious technical error occurred on the side of the seller when stating
the price of goods in the online store or during ordering, the seller is not
obliged to deliver the goods to the buyer for this obviously incorrect price,
even if the buyer was sent an automatic confirmation of receipt. according to
these terms and conditions. The seller informs the buyer of the error without
undue delay and sends the amended offer to the buyer to his e-mail address. The
amended offer is considered a new draft of the purchase contract and in such
case the purchase contract is concluded by a confirmation of acceptance by the
buyer to the e-mail address of the seller.
IV.
Customer's account
1. Based on the
buyer's registration made in the online store, the buyer can access his
customer account. The buyer can order goods from his customer account. The
buyer can also order goods without registration.
2. When
registering in the customer's account and when ordering goods, the buyer is
obliged to state all data correctly and truthfully. The buyer is obliged to
update the data specified in the user account in the event of any change. The
data provided by the buyer in the customer account and when ordering goods are
considered correct by the seller.
3. Access to
the customer account is secured by a username and password. The buyer is
obliged to maintain confidentiality regarding the information necessary to
access his customer account. The seller is not responsible for any misuse of
the customer account by third parties.
4. The buyer is
not entitled to allow the use of the customer account to third parties.
5. The seller
may cancel the user account, especially if the buyer no longer uses his user
account, or if the buyer violates its obligations under the purchase agreement
or these terms and conditions.
6. The Buyer
acknowledges that the user account may not be available around the clock,
especially with regard to the necessary maintenance of hardware and software
equipment of the Seller, or necessary maintenance of third-party hardware and
software.
V.
Payment terms and delivery of goods
1. The price of
the goods and any costs associated with the delivery of goods are in according
to the purchase agreement, the buyer may pay in the following ways:
● cashless transfer to the seller's bank account No. 2802164479 / 2010
IBAN: CZ61 2010 0000 0028 0216 4479 at Fio bank.
●
cashless payment card,
● cashless transfer to the seller's account through the payment gateway ThePay.cz, s.r.o.
● cash on delivery upon delivery of goods,
●
in cash or by credit card for personal collection of consignments at Zasilkovna
dispensing point.
2. Together
with the purchase price, the buyer is obliged to reimburse the seller the costs
associated with the packaging (handling) and delivery of goods in the agreed
amount. Unless expressly stated otherwise, the purchase price also includes the
costs associated with the delivery of goods.
3. In the case
of payment in cash, the purchase price is payable upon receipt of the goods. In
the case of non-cash payment, the purchase price is payable within 4 days
of concluding the purchase contract.
4. In the case
of payment through the payment gateway, the buyer follows the instructions of
the relevant electronic payment provider.
5. In the case
of non-cash payment, the buyer's obligation to pay the purchase price, is fulfilled,
when the relevant amount is credited to the seller's bank account.
6. The seller
does not require any advance payment or other similar payment from the buyer.
Payment of the purchase price before sending the goods is not a deposit.
7. According to
the Act on the Registration of Sales, the seller is obliged to issue a receipt
to the buyer. At the same time, he is obliged to register the received revenue
with the tax administrator.
8. The goods
are delivered to the buyer:
●
to the address specified by the buyer in the order
●
through the delivery agent to the address specified by the buyer
9. The choice
of delivery method is made during the ordering of goods.
10. The costs
of delivery of goods depending on the method of dispatch and receipt of goods
are specified in the buyer's order and in the order confirmation by the seller.
In the event that the mode of transport includes a special request from the
buyer, the buyer bears the risk of any additional costs associated with this
mode of transport.
11. according
to the purchase contract, 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. In the event that for reasons on the buyer’s side it
is necessary to deliver the goods repeatedly or in another way than specified
in the order, the buyer is obliged to pay the costs associated with repeated
delivery of goods, and costs associated with another method of delivery. In case the buyer do not collect or refuse the goods without valid reason, the seller is entitled to charge the buyer the shipping fees plus an administrative fee of 150 Kc / 6 Euro.
12. Upon
receipt of the goods from the carrier, the buyer is obliged to check the
integrity of the packaging of the goods and in case of any defects immediately
notify the carrier. In the case of finding a tampering of the packaging
indicating unauthorized opening of the shipment, the buyer does not have to
take over the shipment from the carrier.
13. The tax
document is attached to the delivered goods or sent electronically.
14. The buyer
acquires ownership of the goods by paying the full purchase price for the
goods, including delivery costs, and by taking over the goods.
15. Liability
for accidental destruction, damage or loss of the goods passes to the buyer at
the time of receipt of the goods or the moment when the buyer was obliged to
take over the goods, or did not do so in violation of the purchase contract.
VI.
Withdrawal from the contract
1. A buyer who
has concluded a purchase contract outside his business as a consumer has the
right to withdraw from the purchase contract.
2. The period
for withdrawal from the contract is 14 days
●
from the date of receipt of the goods,
●
from the date of taking over the last delivery of goods, if the subject of the
contract is several types of goods or delivery in several parts,
●
from the day of taking over the first delivery of goods, if the subject of the
contract is a regular repeated delivery of goods.
3. The buyer
may not, withdraw from the purchase contract:
●
provision of services, if they were fulfilled with his prior express consent
before the expiry of the period for withdrawal from the contract and the seller
informed the buyer before concluding the contract that in such case, he has no
right to withdraw from the contract,
●
on the supply of goods or services, the price of which depends on the
fluctuations of the financial market independently of the will of the seller
and which may occur during the period for withdrawal from the contract,
●
on the delivery of alcoholic beverages, which can be delivered only after
thirty days and whose price depends on fluctuations in the financial market
independent of the will of the seller,
●
on the delivery of goods that have been modified according to the wishes of the
buyer or for his person,
●
the supply of perishable goods, as well as goods which have been irretrievably
mixed with other goods after delivery,
●
delivery of goods in a closed package, which the buyer removed from the package
and for hygienic reasons it is not possible to return,
●
delivery of newspapers, periodicals or magazines,
●
delivery of digital content, if it was not delivered on a tangible medium and
was delivered with the prior express consent of the buyer before the expiry of
the withdrawal period and the seller informed the buyer before concluding the
contract that in such case, he has no right to withdraw from the contract,
●
in other cases, specified in § 1837 of the Civil Code.
4. In order to
comply with the withdrawal period, the buyer must send a statement of
withdrawal within the withdrawal period.
5. To withdraw
from the purchase contract, the buyer may use the standard form for withdrawal
from the contract provided by the seller. Withdrawal from the purchase contract
will be sent by the buyer to the e-mail or delivery address of the seller
specified in these terms and conditions. The seller will immediately confirm to
the buyer the receipt of the form.
6. The buyer
who has withdrawn from the contract is obliged to return the goods to the
seller within 14 days of withdrawal from the contract to the seller. The
buyer bears the costs associated with the return of goods to the seller, even if
the goods cannot be returned due to their nature by regular mail.
7. If the buyer
withdraws from the contract, the seller shall return to him immediately, but no
later than within 14 days of withdrawal from the contract, all funds,
including delivery costs, which he received from the buyer, in the same way.
The seller will return the money received to the buyer in another way only if
the buyer agrees and if he does not incur additional costs.
8. If the buyer
has chosen a method other than the cheapest method of delivery of goods offered
by the seller, the seller shall reimburse the buyer for the cost of delivery of
goods in the amount corresponding to the cheapest method of delivery of goods
offered.
9. If the buyer
withdraws from the purchase contract, the seller is not obliged to return the
funds received to the buyer before the buyer hands over the goods or proves
that he sent the goods to the seller.
10. The goods
must be returned by the buyer to the seller undamaged, unworn and
uncontaminated and, in the original packaging. The seller is
entitled to unilaterally set off the right to compensation for damage caused to
the goods against the buyer's right to a refund of the purchase price.
11. The seller
is entitled to withdraw from the purchase contract due to the sale of stock,
unavailability of goods, or when the manufacturer, importer or supplier of
goods has interrupted the production or import of goods. The seller immediately
informs the buyer via the e-mail address specified in the order and returns
within 14 days of notification of withdrawal from the purchase contract all
funds, including delivery costs received from him under the contract, in the
same way or in the manner specified by the buyer.
VII.
Defective performance rights
1. The seller
is responsible to the buyer that the goods are free of defects upon receipt. In
particular, the seller is responsible to the buyer that at the time the buyer
took over the goods:
● the goods
have the characteristics agreed upon by the parties and, in the absence of an
agreement, have the characteristics described by the seller or the manufacturer
or which the buyer expected with regard to the nature of the goods and on the
basis of advertising made by them,
● the goods are
suitable for the purpose stated by the seller for their use or for which goods
of this type are usually used,
● the goods
correspond 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 goods are
in the appropriate quantity, measure or weight, and
● the goods
comply with the requirements of Local legal regulations.
2. The seller
has obligations from defective performance at least to the extent that the
obligations from defective performance of the manufacturer persist. The buyer
is otherwise entitled to exercise the right to a defect that occurs in the
consumer goods within twenty-four months of receipt.
3. Where the
goods sold, their packaging, instructions accompanying the goods or advertising
in accordance with other legislation indicate the period during which the goods
may be used, the provisions of the quality guarantee shall apply. By
guaranteeing the quality, the seller undertakes that the goods will be suitable
for use for the usual purpose for a certain period of time or that they will
retain their usual properties. If the buyer has rightly criticized the seller
for the defect of the goods, the period for exercising the rights arising from
the defective performance or the warranty period does not run for the period
during which the buyer cannot use the defective goods.
4. The
provisions of the preceding paragraph of the Terms and Conditions shall not
apply to goods sold at a lower price for a defect for which a lower price has
been agreed, to wear and tear caused by its normal use, to used goods for a
defect corresponding to the degree of use or wear acceptance by the buyer, or
if it follows from the nature of the goods. The right of defective performance
does not belong to the buyer, if he knew before taking over the goods that the
goods have a defect, or if the buyer himself caused the defect.
5. In the event
of a defect, the buyer may submit a complaint to the seller and request for:
●
exchange for new goods,
●
repair of goods,
●
a reasonable discount from the purchase price,
●
withdrawal from the contract.
6. The buyer
has the right to withdraw from the contract,
●
if the goods have a significant defect,
●
if the item cannot be used properly due to the recurrence of the defect or
defects after repair,
●
in case of a larger number of defects of the goods.
7. A breach of
contract is substantial which the party to the breach already knew or should
have known at the time the contract was concluded that the other party would
not have entered into the contract if it had foreseen the breach.
8. In the case
of a defect that means a minor breach of contract (regardless of whether the
defect is remediable or irremediable), the buyer is entitled to the removal of
the defect or a reasonable discount on the purchase price.
9. If a
remediable defect has occurred repeatedly after repair (usually a third claim
for the same defect or a fourth for different defects) or the goods have a
large number of defects (usually at least three defects simultaneously), the
buyer has the right to claim a discount on the purchase price, exchange goods
or withdraw from the contract.
10. When making
a complaint, the buyer is obliged to inform the seller which right he has
chosen. A change of choice without the consent of the seller is possible only
if the buyer has requested the correction of a defect that proves to be
irreparable. If the buyer does not choose his right from a material breach of
contract in time, he has the same rights as in the case of a minor breach of
contract.
11. If repair
or exchange of goods is not possible, upon withdrawal from the contract, the
buyer may demand a refund of the purchase price in full.
12. If the
seller proves that the buyer knew about the defect of the goods before taking
over or caused it himself, the seller is not obliged to comply with the buyer's
claim.
13. The buyer
cannot claim discounted goods for the reason for which the goods are
discounted.
14. The seller
is obliged to accept the complaint in any establishment in which the acceptance
of the complaint is possible, or in the registered office or place of business.
The seller is obliged to issue a written confirmation to the buyer about when
the buyer exercised the right, what is the content of the complaint and what
method of handling the complaint requires the buyer, as well as confirmation of
the date and manner of handling the complaint, including confirmation of repair
and duration, or written justification. rejection of the complaint.
15. The seller
or an employee authorized by him shall decide on the complaint immediately, in
complex cases within three working days. This period does not include
the time appropriate to the type of product or service required for a
professional assessment of the defect. Complaints, including the elimination of
defects, must be settled immediately, no later than 30 days from the date of
the complaint, unless the seller and the buyer agree on a longer period. The
expiration of this period in vain is considered a material breach of contract
and the buyer has the right to withdraw from the purchase contract. The moment
of claim is considered to be the moment when the expression of the will of the
buyer (exercise of the right from defective performance) occurs to the seller.
16. Seller informs
the buyer in writing about the result of the complaint.
17. The right
of defective performance does not belong to the buyer, if the buyer knew before
taking over the thing that the item has a defect, or if the buyer himself
caused the defect.
18. In the case
of a justified complaint, the buyer has the right to reimbursement of
purposefully incurred costs incurred in connection with the complaint. The
buyer can exercise this right from the seller within one month after the
expiration of the warranty period, otherwise the court does not have to grant
it.
19. The buyer
has the choice of the method of complaint.
20. The rights
and obligations of the contracting parties regarding the rights arising from
defective performance are governed by Sections 1914 to 1925, Sections 2099 to
2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On
Consumer Protection.
21. Other
rights and obligations of the parties related to the seller's liability for
defects are regulated by the seller's complaint procedure.
VIII.
Communications
1. The
Contracting Parties may communicate all written correspondence to each other by
electronic mail.
2. The buyer
delivers correspondence to the seller to the e-mail address specified in these
terms and conditions. The seller delivers correspondence to the buyer to the e-mail
address specified in his customer account or in the order.
IX.
Personal data
1. All
information provided by the buyer in cooperation with the seller is
confidential and will be treated as such. Unless the buyer gives written
permission to the seller, the seller will not use the buyer's data other than
for the purpose of performance of the contract, except for e-mail addresses to
which commercial communications may be sent, as this procedure is permitted by
law unless expressly rejected. These communications may only concern similar or
related goods and may be unsubscribed at any time in a simple manner (by
sending a letter, e-mail or by clicking on a link in the commercial
communication). The e-mail address will be kept for this purpose for a period of
3 years from the conclusion of the last contract between the contracting
parties.
2. More
detailed information on personal data protection can be found in the Privacy
Policy available at: https://www.italjidlo.cz/en-gb/privacy-policy
X.
Out-of-court dispute resolution
1. The Czech
Trade Inspection Authority with its registered office at Štěpánská 567/15, 120
00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The
online dispute resolution platform at http://ec.europa.eu/consumers/odr can be
used to resolve disputes between the seller and the buyer under a purchase
agreement.
2. The European
Consumer Center of the Czech Republic with its registered office at Štěpánská
567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is
a contact point pursuant to Regulation (EU) No. 524/2013 of the European
Parliament and of the Council of 21 May 2013 on online consumer dispute
resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC
(Online Consumer Dispute Resolution Regulation).
3. The seller
is entitled to sell goods on the basis of a trade license. Trade licensing is
performed within the scope of its competence by the relevant trade licensing
office. To a limited extent, the Czech Trade Inspection Authority also
supervises compliance with Act No. 634/1992 Coll., On Consumer Protection.
XI.
Final Provisions
1. All
agreements between the seller and the buyer are governed by the laws of the
Czech Republic. If the relationship established by the purchase contract
contains an international element, then the parties agree that the relationship
is governed by the law of the Czech Republic. This does not affect the
consumer's rights arising from generally binding legal regulations.
2. The seller
is not bound by any codes of conduct in relation to the buyer in the sense of
the provisions of § 1826 par. 1 let. e) of the Civil Code.
3. All rights
to the seller's website, in particular copyright to the content, including page
layout, photos, films, graphics, trademarks, logos and other content and
elements, belong to the seller. It is forbidden to copy, modify or otherwise
use the website or any part thereof without the consent of the seller.
4. The seller
is not responsible for errors caused by third party interventions in the online
store or as a result of its use contrary to its purpose. When using the online
store, the buyer may not use procedures that could adversely affect its
operation and may not perform any activity that could allow him or third
parties to interfere or use the software or other components that make up the
online store and use the online store, or its parts or software in such a way
that would be contrary to its purpose or purpose.
5. The buyer
hereby assumes the risk of a change of circumstances in the sense of § 1765
paragraph 2 of the Civil Code.
6. The purchase
contract, including business conditions, is archived by the seller in
electronic form and is not accessible.
7. 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 period
of validity of the previous version of the terms and conditions.
8. A model form
for withdrawal from the contract is attached to the terms and conditions.
These terms and
conditions take effect on January 1st 2022.