JAN BACHOR, ID: 74764764, REGISTERED AT U KANÁLKA 1457/10, PRAGUE 2, 120 00
These general terms and conditions (hereinafter also GTC) apply to purchases in the online store www.bachor.cz, which is operated by Jan Bachor, IČ: 74764764, with registered office at U Kanálky 1457/10, Prague 2, 120 00. These GTC govern the relationship between Buyer and Seller in the field of sale of goods between Jan Bachor, IČ: 74764764, with registered office at U Kanálky 1457/10, Prague 2, 120 00 (hereinafter referred to as the “Seller”) and its business partners (hereinafter referred to as the “Buyer”). All contractual relationships are concluded in accordance with the legal system of the Czech Republic. By placing an order, the buyer confirms that he has familiarized himself with these terms and conditions, of which the complaints procedure is an integral part, and that he agrees with them. The Buyer is sufficiently informed of these terms and conditions before placing the order and has the opportunity to become familiar with them.
The seller is Jan Bachor, IČ: 74764764, with registered office at U Kanálky 1457/10, Prague 2, 120 00.
The buyer is a consumer or entrepreneur. A consumer is a natural person who, when concluding and fulfilling the Purchase Agreement with the Seller, is not acting as part of his business or other business activity or as part of the independent exercise of his profession. At the start of business relations, the consumer only provides the seller with their contact information, which is necessary for the smooth processing of the order, or the information that they want to have on the purchase documents. Legal relations between the Seller and the consumer not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 40/1964 Coll., Civil Code and Act No. 634/1992 Coll., on consumer protection, both as amended, as well as related regulations. An entrepreneur is defined as: a person registered in the commercial register (primarily a commercial company), a person who does business on the basis of a trade license (a trader registered in the trade register), a person who runs a business on the basis of a non-trade license according to special regulations (this includes, for example, a single a profession such as advocacy, etc.), and a person who runs agricultural production and is registered in accordance with a special regulation. Legal relations between the Seller and the Buyer, who is an entrepreneur, not expressly regulated by these General Terms and Conditions or the Agreement between the Seller and the Buyer, are governed by the relevant provisions of Act. No. 513/1991 Coll., the Commercial Code as amended, as well as related regulations. The Seller’s Individual Contract with the Buyer is superior to the terms and conditions.
A contract of purchase, for work, or other contracts according to the Civil Code, if the parties to the contract are the consumer on the one hand and the supplier on the other, or Seller.
PROCESSING OF PERSONAL DATA
All handling of Buyers’ personal data is governed by Act No. 101/2000 Coll., on the Protection of Personal Data, as amended, and other legal regulations in force in the Czech Republic. By his free decision (by pressing the ORDER button), the buyer indicates that he is aware of all the above facts and agrees to the further processing of his personal data for the purposes of the business activity of the operator of this e-shop. The provision of personal data is voluntary, you have the right to access the data and it belongs to Protection of your rights to the extent provided by law. You may revoke this consent in writing at any time. Personal data will be fully secured against misuse. Data will be stored and not shared with third-party applications. The administrator hereby informs the data subject and provides him with explicit instruction on the rights arising from Act No. 101/2000 Coll., on the protection of personal data, i.e. in particular that the provision of personal data to the administrator is voluntary, that the data subject has the right to access them , has the right to revoke the above-mentioned consent at any time in writing at the administrator’s address and, in the event of a violation of his rights, he has the right to contact the Office for the Protection of Personal Data and demand an appropriate remedy, which is, for example, the administrator refraining from such actions, removing the situation, providing an apology , correction or addition, blocking, liquidation of personal data, payment of monetary compensation, as well as the use of other rights arising from § 11 and 21 of this Act. If the Buyer wishes to correct personal data that the Operator or the Seller processes about him, he can request it at the email address firstname.lastname@example.org or at the aforementioned postal address of the Operator or the Seller.
ORDER AND CONCLUSION OF CONTRACT
The Buyer is entitled to send the order to the Seller only through the e-shop ordering system. The proposal for the conclusion of the Purchase Agreement is the placement of the offered goods by the Seller on the website, the Purchase Agreement is created by the sending of the order by the Buyer, the consumer and the acceptance of the order by the Seller. The Seller will immediately confirm this acceptance to the Buyer by an informative email to the specified email address, but this confirmation does not affect the formation of the Contract. The resulting Agreement (including the agreed price) can be changed or canceled only based on the agreement of the parties or on the basis of legal reasons. These General Terms and Conditions are drawn up in the Czech language, while the purchase contract can also be concluded only in the Czech language. A consumer who has a permanent residence in a member state of the European Union outside the territory of the Czech Republic, or who is a citizen of a member state of the European Union outside the territory of the Czech Republic, by confirming the order agrees to conclude a purchase contract in the Czech language. After the conclusion of the purchase contract, it is not possible to find out whether errors occurred during data processing before placing the order, or to correct these errors. The concluded purchase contract is archived by the Seller and is accessible to the Buyer upon request within a period of one year from the date of its signature.
PRICE AND PAYMENT
The offer with prices listed on the seller’s e-shop are contractual, final, always up-to-date and valid for as long as they are offered by the seller in the online shop. Shipping costs are listed in the “Delivery time and delivery conditions” section. The costs of using remote communication means are borne by the Buyer. The final calculated price after filling out the order form is already included including the shipping fee. The price specified for the goods at the time of ordering the goods by the buyer applies as the price at the conclusion of the Agreement between the seller and the buyer. The tax document based on the Purchase Agreement between the Seller and the Buyer also serves as a delivery note. The buyer can generally take over the goods only after full payment, unless otherwise agreed. In the event that the Buyer makes the payment and the Seller is subsequently unable to ensure the delivery of the goods, the Seller will immediately return the performance to the Buyer in the agreed manner. The deadline for returning the spent funds depends on the chosen method of returning them, but it must not exceed 30 days from the moment when this impossibility arose. The goods remain the property of the seller until full payment. The seller accepts the following payment terms:
– by card
– Bank transfer
In the event that a defect occurs during the warranty period, the Buyer, depending on the nature of the defect, has the following rights when applying the warranty: in the case of a removable defect:
a.) the right to free, proper and timely removal of the defect
b.) the right to exchange defective goods or defective parts, if this is not disproportionate due to the nature of the defect
c.) in case of impossibility of the procedures mentioned in points a.) and b.) has the right to a reasonable discount from the purchase price or withdrawal from the purchase contract in the event of an irreparable defect:
a.) the right to exchange defective goods or withdraw from the purchase contract in case of a removable defect, if the Buyer cannot properly use the item due to the reappearance of the defect after repair (i.e. the goods have already been complained about 3 times for the same defect) or due to a larger number of defects a.) the right to exchange defective goods or to withdraw from the purchase contract if there are other defects that cannot be removed and if the consumer does not request the exchange of the item:
a.) the right to a reasonable discount on the purchase price or withdrawal from the purchase contract
Complaints can be made with the Seller, in all of his establishments.
Complaints do not apply to the following cases:
– if a defect or damage has arisen as a result of demonstrably improper use, in violation of the instructions for use or other improper behavior of the Buyer
– demonstrable unauthorized interference with the goods
– for defects caused by normal wear and tear of consumer goods with a set period of use according to special legal regulations, if such a claim is made after the expiration of this period
– defects caused by natural disasters
Due to the nature of the conclusion of the Purchase Agreement through remote communication, the Buyer, who is a consumer, has the right to withdraw from this Agreement without any penalty within 14 days of receiving the goods. Furthermore, the Buyer, who is a consumer, has the right to withdraw from the Contract in accordance with Section 53, Paragraphs 7 and 8 of Act No. 40/164 Coll., Civil Code, as amended. The above does not apply to the Buyer who is an entrepreneur and concludes the Purchase Agreement in connection with his business activity. In the case of the aforementioned withdrawal from the contract, the Seller will send the purchase price to the Buyer’s bank account, which the Buyer will notify the Seller for this purpose. The Seller has the right to withdraw from the Contract if the Buyer does not pay the full amount of the price within 30 days from the date of conclusion of the Purchase Contract.
WARRANTY AND SERVICE
When selling consumer goods, the warranty period is 24 months; if it concerns the sale of food goods, the guarantee period is eight days, for the sale of animal feed three weeks and for the sale of animals six weeks. If a time limit for the use of the thing is marked on the sold item, its packaging or the instructions attached to it in accordance with special legal regulations, the warranty period ends when this period expires. The warranty does not cover wear and tear caused by normal use. For items sold at a lower price, the warranty does not apply to defects for which a lower price was negotiated. If the item is used, the seller is not responsible for defects corresponding to the degree of use or wear and tear the item had when the buyer took it over. In accordance with the applicable legal order of the Czech Republic, the Buyer, who is an entrepreneur and purchases goods in connection with his business, is not provided with a guarantee for the goods apart from the general liability of the Seller for defects in the goods during their handover. Buyers who are entrepreneurs and purchase goods in connection with their business activities are provided with a warranty period of 12 months. In order to apply for a warranty repair, it is necessary to present the purchase document (receipt, invoice, Leasing Agreement), or warranty card. If the goods are sent to the Seller, the goods must be packed for transport in such a way that they are not damaged during transport. The Seller does not provide Buyers with post-warranty service.
DELIVERY TIME AND DELIVERY CONDITIONS
The seller fulfills the delivery of the goods by handing over the goods to the buyer, or by handing over the goods to the first carrier, thereby also transferring the risk of damage to the goods to the buyer. The availability of the product is always indicated in the detail of this product. Delivery time depends on product availability, payment terms and delivery conditions, and is a maximum of 30 days. In normal cases, we ship the goods within 14 working days from the payment of the full amount of the purchase price. The final delivery date is always indicated in the order confirmation email. Installation of the purchased goods is not part of the delivery. Together with the shipment, the Buyer will receive a tax document/invoice. For goods that will be paid for by the Buyer upon receipt, i.e. cash on delivery, the delivery period begins on the day of the valid conclusion of the Purchase Agreement according to Article IV. of these GTC. In the event that the Buyer has chosen a payment option other than paying for the goods upon receipt, the delivery period starts only after full payment of the purchase price, i.e. when the relevant amount is credited to the Seller’s account. The seller accepts the following delivery conditions:
– package in hand
Within 14 days from the purchase of the goods, we provide the option of exchanging the goods for free, while within this free exchange it is possible to send the goods to the buyer 1 time, either by sending a new size of the goods or a different product. If the Buyer returns the goods to the Seller within 14 days, the Buyer pays the shipping costs.
The Buyer will allow the Seller to fulfill its obligations in accordance with the Offer/Contract, for which it will develop all necessary cooperation. The Buyer undertakes to cover all costs incurred by the Seller by sending reminders and costs associated with the collection of any claims. The Buyer acknowledges that the Seller is entitled to assign its claim from the Contract to a third party. The buyer will immediately inform the seller of a change in his identification data, no later than 5 working days from the day when such a change occurred. The parties undertake to make every effort to amicably resolve all disputes arising from the Contract and/or GTC or in connection with by them. The mutual obligation relationship of the contracting parties is governed by the legal order of the Czech Republic, in particular by Act No. 40/1964 Coll., the Civil Code, as amended. For the purposes of contracting with an international element hereby in accordance with Article III. Regulation No. 593/2008 on the applicable law for contractual obligations, adopted by the European Parliament and the Council of the European Union on June 17, 2008 (hereinafter referred to as “Rome I”), that they chose Czech law as the applicable law for the Purchase Agreement and these GTC, namely excluding the application of the “UN Convention on Contracts for the International Sale of Goods”. This choice does not affect Article VI of Rome I, regarding consumer contracts. In the event that any provision of the Agreement and/or GTC is or becomes or is found to be invalid or unenforceable, this will not affect (to the maximum extent permitted by law) the validity and enforceability of the remaining provisions of the Agreement and/or GTC. In such cases, the contracting parties undertake to replace the invalid or unenforceable provision with a valid and enforceable provision that will have the same and legally permissible meaning and effect as the intention of the provision to be replaced. As a matter of legal caution, the contracting parties hereby declare that, for cases of contracting with an international element, for any cases of disputes (with the exception of disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them) or for cases in which a final court decision would find, that the authority of the arbitrator is not given here according to this article of the GTC, that in accordance with Article 23 of Council Regulation (EC) No. 44/2001 of 22 December 2000, on jurisdiction and the recognition and enforcement of court decisions in civil and commercial matters, the negotiator the exclusive jurisdiction of the municipal court in deciding all future disputes from the Contract and/or GTC and/or in connection with them. Also, the contracting parties hereby establish the exclusive jurisdiction of the municipal court in Prague for all disputes in connection with the Agreement and GTC (with the exception of disputes for which the exclusive jurisdiction of the arbitrator is given and/or in connection with them). These General Terms and Conditions become valid and effective on 29 July 2019 and are also available on the website of the parent. The Seller is entitled to change these GTC at any time. The General Terms and Conditions then cease to be valid and effective on the date of entry into force of the later General Terms and Conditions.