GENERAL TERMS AND CONDITIONS
of business company
FISHKY ART s.r.o.
with its registered office at Heleny Malířové 281/13, Prague 160 00
identification number: 03980588
entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 240784
for the sale of goods through an online store located at the Internet address https://pragtique.com/
1. INTRODUCTORY PROVISIONS
1.1 These business conditions (hereinafter referred to as „business conditions“) of the business company FISHKY ART s.r.o., with its registered office at Heleny Malířové 281/13, Prague, identification number: 03980588, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 240784 only “seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address https://pragtique.cz/shop/ (hereinafter referred to as the „website“), through the interface of the website (hereinafter referred to as the „web interface of the shop“).
1.2 The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the course of their business or in the course of their independent profession.
1.3 Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions 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 business 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 period of validity of the previous version of the terms and conditions.
2. User account
2.1 Based on the registration of the buyer made on the website, the buyer can access its user interface. From its user interface, the buyer can order goods (hereinafter referred to as „user account“). If the web interface of the store allows it, 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 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 user account and when ordering goods are considered correct by the seller.
2.3 Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4 The Buyer is not entitled to allow the use of the user account by third parties.
2.5 The seller may cancel the user account, especially if the buyer does not use his user account for more than one year, or if the buyer violates his obligations under the purchase agreement (including the terms and conditions).
2.6 The Buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller or necessary maintenance of third party hardware and software.
3. Conclusion of the purchase contract
3.1 All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 part 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 goods. The prices of goods are listed including value added tax and all related fees.
3.3 The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic. In the case of delivery abroad, the costs associated with the delivery of goods are governed by the current price list of the transport service, the amount of which will be informed by the buyer in the order or its confirmation.
3.4 To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
a) the ordered goods (the ordered goods are „inserted“ by the buyer into the electronic shopping cart of the web interface of the store),
b) the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods; and
c) information on the costs associated with the delivery of goods (hereinafter collectively referred to as „order“).
3.5 Before sending the order to the seller, the buyer is allowed to check and change the data that was inserted into the order by the buyer, also with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the „Order“ button. The data listed in the order they are deemed correct by the seller.
3.6 Sending an order is considered to be such an act of the buyer, which undoubtedly identifies the ordered goods, the purchase price, the person of the buyer, the method of payment of the purchase price, and is a binding draft of the purchase contract for the parties. The condition for the validity of the order is the completion of all mandatory data in the order form, acquaintance with these terms and conditions on the website and confirmation of the buyer that he has read these terms and conditions.
3.7 Immediately after receiving the order, the Seller shall confirm this receipt to the Buyer by e-mail to the Buyer’s e-mail address specified in the user interface or in the order (hereinafter referred to as the „Buyer’s e-mail address“).
3.8 The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9 The contractual relationship between the seller and the buyer arises from the delivery of the confirmation of receipt of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the buyer’s e-mail address.
3.10 The seller is not obliged to accept the buyer’s order.
3.11 The buyer has the right to cancel the order without giving a reason at any time before its binding confirmation by the seller. After binding confirmation of receipt of the order only if the seller does not meet the agreed delivery conditions. In the event of cancellation of a confirmed order, the buyer is obliged to compensate the seller for the damage caused by this action. The seller will exercise the right to compensation especially in the case of purchase of goods „to order“, which had to be procured at the request of the buyer or if in connection with securing the goods has already incurred demonstrable costs, such as unnecessary transport, etc.
3.12 The seller has the right to cancel the order without giving a reason or because the goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. In the event that this situation occurs, the seller will immediately contact the buyer to agree on further action. If the buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address as soon as possible (but no later than 14 days).
3.13 In the event that any of the requirements specified in the order cannot be met by the seller, he will send the buyer an amended offer to the buyer’s e-mail address stating possible variants of the order and request the buyer’s opinion.
3.14 The amended offer is considered a new draft of the purchase contract and in such a case the purchase contract is concluded only by acceptance of the buyer by e-mail.
3.15 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 (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. Price of goods and payment terms
4.1 The price of the goods and any costs associated with the delivery of goods under the purchase agreement, the buyer may pay the seller in the following ways:
- in cash at the store
- cashless transfer to the seller’s account No. 2101889143/2010, kept with Fio banka (hereinafter referred to as the „seller’s account“)
- cashless payment card
4.2 Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging 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.
4.3 The Seller does not require a deposit or other 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 payment on delivery or 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 5 days of concluding the purchase contract.
4.5 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. 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 account.
4.6 The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.8), to demand payment of the full purchase price before sending the goods to the buyer. The provisions of § 2119 par. 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 with each other.
4.8 The Seller shall issue regarding payments made n and on the basis of the purchase contract to the buyer a tax document – invoice. The seller is a payer of value added tax. The tax document – invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer’s electronic address
4.9 Online payments are realised using ComGate Payment Gateway. The service provider, ComGate Payments, a.s. is a licensed Payment Institution under the supervision of the Czech National Bank. Payments made through the payment gateway are secure. All payment information is fully encrypted.
The fastest way to pay online. In the ComGate Payment Gateway interface, enter the card number, valid thru date and CVC code – the three digits, which you will find in the signature strip on the back of the card. Payment is made using the 3D Secure protocol, so you will probably be asked to enter a numeric code, which you will receive via SMS from your bank.
Instant payment via online banking. ComGate payment gateway redirects you to your internet banking application. You log in as usual and authorise the pre-filled payment order.
You will be redirected back to the online store, after completing the payment. Transaction is confirmed immediately, so we will proceed your order without delay.
ComGate Payments, a.s.
Gočárova třída 1754 / 48b, Hradec Králové
Tel: +420 228 224 267
5. Withdrawal from the purchase contract
5.1. The right to withdraw from the contract
5.1.1 You have the right to withdraw from this contract within 14 days without giving a reason.
5.1.2 You have the right to withdraw from the contract without giving a reason within 14 days from the day following the day of receipt of the goods.
5.1.3 For the purposes of exercising the right to withdraw from the contract, you must inform FISHKY ART s.r.o., with its registered office at Heleny Malířové 281/13, Prague, identification number: CZ03980588, email: email@example.com, +420737252729, in the form of a unilateral legal action (for example, by letter sent through a postal service provider or by e-mail). You can use the attached sample form to withdraw from the contract, but it is not your responsibility.
5.1.4 In order to comply with the deadline for withdrawal from this contract, it is sufficient to send the withdrawal from the contract before the expiration of the relevant period.
5.2. Consequences of withdrawal from the contract
5.2.1 If you withdraw from this contract, we will refund you without undue delay, no later than 14 days from the date of your notice of withdrawal, all payments we have received from you, including delivery costs (excluding additional costs incurred due to your chosen method of delivery, which is different from the cheapest standard delivery method we offer). We will use the same means of payment you used to make the initial transaction for refunds, unless you have explicitly stated otherwise. In no case will you incur additional costs.
We will not refund your payment until we have received the returned goods or if you prove that you sent the goods back, whichever comes first.
5.2.2 a) Acceptance of goods
Send the goods without undue delay, no later than 14 days from the date of withdrawal from this contract, back to the address of FISHKY ART s.r.o., shop Pragtique, Mostecká 20, 118 00, Prague 1, identification number: CZ039805888.
The deadline is considered to have been met if you send the goods back to us before the expiration of 14 days.
- b) Costs associated with the return of goods
You will bear the direct costs associated with returning the goods.
- c) Liability for reduction in the value of returned goods
You are 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 properties of the goods, including their functionality.
Internet shop: https://pragtique.com/
Company: FISHKY ART s.r.o.
Registered office: Heleny Malířové 281/13, Prague
E-mail address: firstname.lastname@example.org
Phone number: +420737252729
6. Transportation and delivery of goods
6.1 If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2 If, 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.
6.3 In the event that for reasons on the part of the buyer 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, respectively. costs associated with another method of delivery.
6.4 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 violation of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
7. Defective performance rights
7.1 The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2 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 when the buyer took over the goods:
(a) the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the seller or manufacturer, having regard to the nature of the goods and the advertising made by them;
(b) the goods are fit for the purpose stated by the seller for their use or for which goods of this type are usually used,
(c) 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,
(d) the goods are in the appropriate quantity, measure or weight; and
(e) the goods comply with the requirements of legal regulations.
7.3 The provisions of Article 7.2 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 of the goods 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.
7.4 If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt.
7.5 The buyer is entitled to exercise the right to a defect that occurs in the goods within twenty-four months of receipt.
7.6 The provisions of Article 7.5 shall not apply
(a) in the case of an item sold at a lower price for a defect for which a lower price has been agreed
(b) wear and tear of the item caused by its normal use
(c) in the case of a used item, for a defect corresponding to the degree of use or wear and tear that the item had when taken over by the buyer; or
(d) if it follows from the nature of the matter.
7.7 If the goods do not have the properties specified in Article 7.2. The buyer may require:
(a) the supply of a new item without defects, unless this is disproportionate to the nature of the defect
(b) replacement of a part of the item if the defect relates only to a part of the item; or
(c) if it is not possible to withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect.
The buyer has the right to deliver a new item or replace a part even in the case of a remediable defect, if he cannot use the item properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer has the right to withdraw from the contract.
If the buyer does not withdraw from the contract or if he does not exercise the right to deliver a new item without defects, to replace its part or to repair the item, he may request a reasonable discount. The buyer is entitled 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 situation within a reasonable time or if arranging a remedy would cause significant difficulties for the consumer.
7.8 The right of defective performance does not belong to the buyer, if the buyer knew before taking over the goods that the thing has a defect, or if the buyer himself caused the defect.
7.9 The rights arising from defective performance are exercised by the buyer at the seller from whom the item was purchased, FISHKY ART s.r.o., with its registered office at Heleny Malířové 281/13, Prague, IČ 039805888, email: email@example.com, phone number +420737252729
7.10 If the buyer exercises the right from the defective performance, the seller will confirm in writing when he exercised the right, as well as the execution of the repair and its duration.
7.11 Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaint procedure.
7.12 The seller informs the buyer about a possible out-of-court settlement of consumer disputes. The Czech Trade Inspection Authority (www.coi.cz) is responsible for mediating the out-of-court settlement of consumer disputes between the seller and the buyer.
A consumer dispute is a dispute between a buyer – a consumer and a seller. Out-of-court settlement of consumer disputes is free of charge and the costs associated with it are borne by the parties themselves. The consumer may file a motion to initiate out-of-court proceedings no later than 1 year from the date on which he exercised his right, which is the subject of the dispute, with the seller for the first time.
8. Other rights and obligations of the contracting parties
8.1 The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2 The seller is not bound by any codes of conduct in relation to the buyer in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.3 The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 para. 2 of the Civil Code.
9. Protection of personal data
9.1 The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended, and Act No. 127/2005 Coll., On electronic communications and EU directives on privacy protection. in electronic communications.
9.2 The Buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as „personal data“).
9.3 The Buyer agrees to the processing of personal data by the Seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data in full according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
9.4 The Buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6 Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
10. Sending business messages and storing cookies
10.1 The buyer agrees to the sending of information related to the goods, services or company of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer. This consent can be revoked by the buyer at any time.
10.2 The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.
11. Final provisions
11.1 If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer’s rights arising from generally binding legal regulations.
11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Changes and additions to the purchase contract or business conditions require a written form.
11.3 The purchase contract, including the business conditions, is archived by the seller in electronic form and is not accessible.
11.4 Contact details of the seller: delivery address Heleny Malířové 281/13, Prague 6, e-mail: firstname.lastname@example.org, phone number: +420737252729
In Prague on June 22, 2020
FISHKY ART s.r.o.