Drawn up in accordance with the provisions of § 1751 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as "CC"), for contracts for the purchase of goods through the online store (e-shop) located at the Internet address www.cervinka-shop.com (hereinafter referred to as "GTC")
1) THE SELLER AND THE OPERATOR OF THE ONLINE SHOP
The Seller and the operator of the online shop is Červinka - Czech Republic s.r.o., with its registered office at Podolská 103/126, Prague 4, Postal Code: 147 00, ID No.: 25510622, VAT No.: CZ25510622, telephone: +420 723 613 256, registered in the Commercial Register maintained by the Commercial Register in Prague, file No. C200910 (hereinafter referred to as the "Seller").
2) DEFINITION OF CERTAIN OTHER TERMS, ORDER
For the purposes of the GTC, the Buyer means the Seller's customer, as a person concluding a Purchase Contract with the Seller for delivery of the Goods - whether acting in the capacity of a consumer (which is considered a person who, outside the scope of his business activity or outside the scope of independent exercise of profession, concludes a contract with the Seller or otherwise deals with him) or an entrepreneur (hereinafter referred to as the "Buyer").
E-shop means the online shop operated and managed by the Seller within the web interface located on the website www.cervinka-shop.com, inter alia, for the purpose of concluding Purchase Contracts (hereinafter referred to as "E-shop").
Goods means movable items offered by the Seller for purchase via the E-shop (hereinafter referred to as "Goods").
The Purchase Price means the price of the Goods as stated in the Buyer's Order confirmed by the Seller, generally based on the price list on the E-shop website (hereinafter referred to as the "Purchase Price").
Order means the Buyer's proposal for the conclusion of the Purchase Contract (hereinafter referred to as the "Order").
The Purchase Contract, on the basis of which the actual sale of the Goods is made between the Seller and the Buyer, arises on the basis of a binding confirmation of the Buyer's Order by the Seller - especially when using the E-shop platform (hereinafter referred to as the "Purchase Contract"); the provisions of § 2079 et seq. of the CC governing the purchase shall apply in the alternative to the arrangements of the contracting parties.
Confirmation of the Buyer's Order by the Seller via email or telephone is deemed to be a binding confirmation of the Order. Confirmation by email or telephone always follows the prior acceptance of the Buyer's electronic Order - primarily via the E-shop platform. The Parties understand that the notification of acceptance of the Order into the system (copy of the Order) does not constitute acceptance of the Order. Confirmation of the Order is made by the Seller after verification of the availability and delivery date of the requested Goods specified in the Order.
Confirmation of the Order by the Seller leads to the conclusion of the actual Purchase Contract, on the basis of which the Seller undertakes to hand over to the Buyer the Goods ordered by him and to enable him to acquire ownership of them, against which the Buyer undertakes to accept the Goods and to pay the Seller the Purchase Price for them. The Purchase Contract is binding on both parties. The following shall be deemed to be the essential elements of the Purchase Contract: (i) the exact specification of the Goods, (ii) the number of Goods ordered, (iii) the Purchase Price for the Goods, (iv) the price of transport, (v) the form of transport and (vi) the provisional delivery date (for Goods for which the Seller has confirmed their availability in stock, the delivery time to the Buyer is generally 1-3 days).
Acceptance of an unsolicited performance by the Buyer does not constitute acceptance of the offer; however, performance under the Purchase Contract (Buyer's previously confirmed Order) shall not be deemed to be an unsolicited performance.
3) TRANSPORT OF GOODS AND PAYMENT OF THE PURCHASE PRICE
The various possible methods of payment of the Purchase Price for the Goods by the Buyer to the Seller, as well as the possible methods of delivery of the Goods to the Buyer (conditions of carriage), are an integral part of the contractual arrangements of the parties according to the GTC - these can be found in a separate section of the website called "Shipping and Payment".
The Parties agree on a reservation of title, whereby the Buyer becomes the owner of the Goods only upon full payment of the Purchase Price for the Goods.
4) CANCELLATION OF THE ORDER AND WITHDRAWAL FROM THE PURCHASE CONTRACT
Cancellation of the Order (before the conclusion of the Purchase Contract) by the Seller:
Without giving any reason - the Goods requested by the Buyer have been sold out, the Goods are no longer manufactured or the price of the Goods has changed significantly. In such cases, the Seller will contact the Buyer by phone or email and offer him similar Goods in the same price range and quality - the outcome of the negotiations of the parties will be the conclusion of a new Purchase Contract with a new subject of performance (according to the changed order of the Buyer), or cancellation of the first made Order of the Buyer (no conclusion of the Purchase Contract). In the event that a deposit or the entire amount attributable to the Purchase Price has already been provided by the Buyer in favour of the Seller for the Goods under the cancelled Order, the entire amount will be transferred back to the Buyer's bank account from which the Order was received or sent to the Buyer by postal order to the Buyer's registered office / residence address as soon as possible, but no later than 7 days after the cancellation of the Order.
Withdrawal of the Seller from the Purchase Contract:
The Seller shall have the right to withdraw from the Purchase Contract due to, inter alia, long-term unavailability of the Goods, subsequent discovery of the impossibility to deliver the Goods by the agreed delivery date, the Goods being out of stock, as well as manifest error, where the manifest error is determined by an obvious difference (at least 20%) between the price of the defective Goods and the normal price; the normal price shall be the price of identical or comparable or mutually substitutable Goods in terms of use.
Cancellation of the Order (before the conclusion of the Purchase Contract) by the Buyer:
The Buyer shall have the right to cancel the Order without giving any reason at any time prior to its binding confirmation by the Seller - by telephone or email.
After the binding confirmation of the Order by the Seller (conclusion of the Purchase Contract), the Buyer is entitled to withdraw from the Purchase Contract if the Seller materially breaches the agreed terms of delivery of the Goods. Withdrawal from the Purchase Contract does not affect the claim for compensation for damages, if this has arisen due to a breach of an obligation of one of the contracting parties (the Seller is entitled to claim compensation for damages against the Buyer, in particular in the case of delivery of Goods that have been individualized according to the Buyer's requirements, or in the case of the need to procure the Goods independently, or in the case that in connection with the provision of the Goods for the Buyer, the Seller has already incurred the costs of its delivery to the Buyer - e.g. transport costs of the Goods in a documented amount, etc.)
withdrawal of the Buyer from the Purchase Contract:
In accordance with § 1810 et seq. of the CC and Act No. 634/1992 Coll, on consumer protection, as amended, the Buyer acting in the capacity of a consumer has the right to withdraw from the Purchase Contract - concluded via the E-shop or generally in any other distance manner or outside the usual business premises - without further delay and for any reason whatsoever within 14 days of receipt of the Goods; the 14-day period for any withdrawal of the Buyer from the Purchase Contract begins on the day of receipt of the Goods.
The Seller points out that the right to withdraw from the Purchase Contract without stating a reason and the related return of the Goods within 14 days is reserved exclusively for cases of conclusion of the Purchase Contract by a consumer, i.e. in the case of purchase of the Goods by a natural non-entrepreneurial person (not "on an ID number"). If the Buyer exercises the right to withdraw from the Purchase Contract, the Seller asks for compliance with the following procedure:
The withdrawing Buyer should contact the Seller(model withdrawal form) - in writing or by email at: info@cervinka-shop.com. -, with an explicit statement that he/she withdraws from the Purchase Contract. The Buyer shall also indicate the Order number, date of purchase of the Goods, variable and specific symbol. If the Goods have already been delivered and accepted by the Buyer, the Buyer shall contact the Seller in the manner described above and, in agreement with the Seller, shall pack the Goods appropriately and send them back to the Seller together with all documents received in connection with the purchase of the Goods to the following postal address of the Seller's premises: Červinka s.r.o. Rostislavova 1265, Uherské Hradiště, Postal Code: 686 01, Phone. The Goods should be sent by registered post and insured to the extent necessary (the Seller recommends that the Goods are insured for the full value of the returned Goods - corresponding to the Purchase Price for the Goods); the Seller is not liable for any loss or damage to the Goods that have been returned, as any damage caused in this way is fully the responsibility of the Buyer. The Seller further points out that the registered dispatch of the Goods upon their return does not mean their sending to the Seller "on delivery" (at the Seller's expense), where the Goods sent by the Buyer "on delivery" will not be accepted by the Seller.
When the above procedure for withdrawal from the Purchase Contract and return of the Goods is fulfilled, the Purchase Price for the Goods paid by the Seller in favour of the Buyer will be subsequently transferred back to the bank account from which it was received, or sent to the Buyer by postal order to the address of his/her registered office / residence - no later than 14 days after the physical receipt of the Goods by the Seller. If the Goods returned by the Buyer are not delivered to the Seller complete (in the sense of not matching the scope of the Goods that were first delivered to the Buyer), or if the return of the Goods takes place in a manner other than that described above, the deadline for the refund of the Purchase Price already paid shall be extended proportionately until a remedy is agreed.
In the event of withdrawal from the Purchase Contract, the return of the Goods to the Seller shall be carried out by the Buyer at its own expense, provided that if the value of the Goods is reduced in the interim period between delivery and return for reasons attributable to the Buyer, the Seller shall be entitled to claim compensation for the difference from the Buyer (in particular if the Goods are returned to the Seller as damaged or otherwise defective and the Goods can no longer be resold as new).
If the statutory conditions for withdrawal from the Purchase Contract are not met, the Seller is entitled not to accept the withdrawal with all the resulting consequences.
The reasons defined for withdrawal from the Purchase Contract in accordance with the GTC are without prejudice to the right of either party to withdraw from the Purchase Contract also in cases where this is directly required by law.
5) INVOICE - TAX DOCUMENT FOR THE PURCHASE IN THE E-SHOP (ONLINE SHOP)
The invoice (tax document) for the purchase of Goods in the E-shop is usually sent by the Seller not in a shipment together with the delivered Goods, but additionally - after receiving confirmation of proper receipt of the Goods by the Buyer and proof of payment of the purchase price for the Goods.
In terms of form and method of delivery, the Seller's invoice is usually sent in .pdf format as an attachment to an email. In particular, the computer program Acrobat Reader can be used to open the invoice format.
At the Buyer's express request, the Seller will also send the invoice in paper form.
6) WARRANTY DOCUMENTS, CLAIMS
If the Buyer has not been supplied with a separate warranty document for the Goods by the Seller/manufacturer, the invoice (tax document) issued by the Seller shall also serve as a warranty document with all rights for the Buyer arising therefrom.
The procedure for a possible claim of the Goods by the Buyer and its course is an integral part of the contractual agreement of the parties (GTC) - its more detailed description can be found in a separate section of the website called "Claims".
7) DATA PROTECTION - GDPR
The Seller fully respects the privacy of the Buyers. In order to conclude the Purchase Contract and the subsequent provision of the agreed performance, it is necessary for the Seller to obtain certain personal data; the data in question is adequately protected by the Seller against misuse.
The Seller is the controller of personal data to the extent that:
all within the meaning of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as "GDPR"), as well as within the meaning of related national regulations - in order to fulfil the contractual obligation by providing the service. All handling of personal data is governed by the referenced legislation.
The Seller declares that it is the operator of the E-shop, and that personal data obtained in connection with the operation of the E-shop will not be transferred to third parties, except for persons carrying out the transport of the Goods under the Purchase Contract to the Buyer, without the Buyer's prior consent.
The personal data filled in when ordering the Goods shall be used exclusively for the conclusion of the Purchase Contract and the subsequent delivery of the Goods. The Buyer has the right at any time to request access to his personal data processed, correction and completion of incomplete personal data, deletion of his personal data, restriction of their processing. By sending the Order, the Buyer confirms that the personal data provided by him is accurate and that he has been instructed by the Seller that this is a voluntary provision of personal data. The Buyer is entitled to lodge complaints regarding the processing of personal data to the supervisory authority, which is the Office for Personal Data Protection.
By ordering the Goods on the E-shop, the Buyer agrees to the collection of data to the extent stated above, while also agreeing to delivery to the Buyer's electronic address indicated in the Order. The Buyer understands and agrees that by his Order he provides the Seller with his personal data necessary for the conclusion and performance of the Purchase Contract. The Seller undertakes not to use the personal data provided by the Buyer for any purposes other than those agreed.
The Buyer, and also in general any visitor to the E-shop, are furthermore entitled at their own discretion to provide the Seller with their personal data for the purpose of inclusion in the Seller's marketing database, in which case the Seller is granted explicit consent by the relevant person to the processing of personal data for the specified purpose. The rights of the Buyer specified above shall apply mutatis mutandis to such case.
8) FEES
All Purchase Prices of the Goods listed in the E-shop are quoted as complete and quantified, including any fees arising from the relevant public legislation - no additional fees for the Goods or any other increase in the Purchase Price than agreed by the parties in the Purchase Agreement, respectively the GTC, will thus not be claimed as part of the financial performance.
9) FINAL PROVISIONS
These GTC are binding for all Purchase Contracts concluded between the Seller, as the supplier of the Goods and the operator of the E-shop, on the one hand, and the Buyer, on the other hand.
By placing an Order for the Goods, the Buyer - Consumer declares that he has been provided with all pre-contractual information in accordance with § 1811 paragraph 2 and § 1820 paragraph 1 of the Civil Code sufficiently in advance of the conclusion of the Purchase Contract.
All legal relations and any disputes arising under the Purchase Contract shall be governed by the laws of the Czech Republic and, if not resolved out of court, shall be settled by the competent courts of the Czech Republic.
In the event that a consumer dispute arises between the Seller and the Buyer-consumer under the Purchase Contract, which cannot be resolved by mutual agreement of the parties, the Buyer in the capacity of a consumer may submit a proposal for out-of-court settlement of such dispute to the designated entity for out-of-court settlement of consumer disputes, which is generally the Czech Trade Inspection Authority, Central Inspectorate - ADR Department, located at Štěpánská 567/15, Prague 2, Postal Code: 120 00.
https://coi.gov.cz/informace-o-adr/
The Seller is entitled to change or amend the GTC, and shall notify any change to the GTC via the E-shop at least 1 month before the new GTC becomes effective; this provision does not affect the rights and obligations arising during the period of effectiveness of the previous GTC.
These GTC are valid and effective as of 1 June 2019 and replace the previous version of the GTC in its entirety as of that date.
1) GENERAL PROVISIONS
For reserved products, illustrative images may be used and therefore the product may differ visually. Please refer to the "Technical Data" of each product for clear information on its features, size, color, use and other important parameters.
The original manufacturer's warranty card is enclosed with the goods, if it is not enclosed, the invoice - tax document, which the buyer will receive by email in .pdf format after receipt and payment of the goods, serves as a warranty card.
If the Buyer discovers any differences between the delivery note and the goods actually delivered(type, quantity, colour), he is obliged to report this fact as soon as possible ( within 3 days at the latest) from the physical receipt of the goods from the courier company. Please report the differences between the ordered and delivered goods to info@cervinka-shop.com.
In the case of the above, the buyer is entitled to have the seller restore the item to the condition corresponding to the purchase contract free of charge and without undue delay, either by replacing the item or by repairing it, as requested by the buyer. If such procedure is not possible, the buyer may demand a reasonable discount from the seller or withdraw from the purchase contract. This provision does not apply if the buyer knew of the discrepancy with the purchase contract before taking delivery of the goods or caused the discrepancy with the purchase contract.
According to the above, the buyer has the right to:
2) WARRANTY PERIOD
The warranty period for each specific product, is the warranty period for the end customer (buyer not on the ID). The warranty period for all persons using the products for the purpose of business or trade with the product (buyer on the ID) is not established by the Civil Code , but by the specific importer of the goods and therefore may differ from the warranty data of the products listed on this site. The minimum warranty period for end customers (not buying on an ICO) is legally 24 months.
3) WEAR AND TEAR OF THE GOODS DUE TO FREQUENT USE
Customers are advised that the warranty period does not cover wear and tear caused by frequent use. Therefore, a shorter lifetime of the goods or their parts cannot be considered a defect and cannot be claimed.
4) LIABILITY OF THE SELLER FOR DEFECTS IN THE GOODS AND WARRANTY
In the case of goods with the original manufacturer's warranty certificate (hereinafter referred to as the PI) attached, the date of validity of the warranty, the seller's details, the seller's stamp and signature are not filled in when sent via courier company. The warranty certificate is not filled in directly by the seller, as the buyer must first take proper receipt, pay for and inspect the goods. On the basis of the inspection of the goods, fill in the date of receipt from the courier company in the warranty card, or send the warranty card with the receipt to the address of the company Červinka s.r.o., Rostislavova 1265,Uherské Hradiště 686 01, where we will fill in the warranty card and send the stamped one back to your address.
Along with the warranty card, always keep the proof of purchase(Invoice - tax document) in the online shop.
If the original manufacturer's warranty card was not enclosed with the goods, the warranty card is the invoice that you will receive by email in .pdf format.
IMPORTANT - we recommend filling in the date on the original manufacturer's warranty card only after the 14 day return period has expired (only valid for end customer purchases, not for ID). If the original warranty card is filled in, the condition for returning the goods within the 14 day period without giving a reason will not be met.
The buyer is obliged to inspect the goods immediately upon receipt. If the buyer discovers mechanical damage to the packaging of the product, the buyer is obliged to check the condition of the goods and, if the goods are damaged, to make a record of the damage with the driver. All liability for damage to the goods during transport from the seller to the buyer is borne by the carrier and the goods sent are insured. On the basis of the written damage record, the customer will be given a reasonable discount on the price of the goods or a new product will be delivered after the conclusion of the damage claim with the carrier. By signing the bill of lading upon receipt of the goods from the carrier, the buyer agrees to accept the goods and confirms that the goods arrived undamaged due to transportation. Subsequent claims caused by transport cannot be taken into account and will be rejected.
The buyer is only entitled to a replacement of the goods if the nature of the defect makes it impossible to remedy it. The authorized service provider will decide in writing whether the defect is removable. If the defect is judged to be proportionate, the goods will be replaced with a new piece or the amount already paid will be refunded by bank transfer or postal order.
The right to invoke the warranty shall be extinguished in the case of:
5) WHERE TO CLAIM THE GOODS PURCHASED
Liability rights for defects in the goods delivered shall be exercised with the seller from whom the goods were purchased. However, if there is a company in the Czech Republic that provides any repairs to the goods of this brand, or if the manufacturer itself provides the service, the buyer shall claim the right to repair from the company designated to carry out warranty repairs. The place of claiming the warranty can also be found on the original manufacturer's warranty card, if the manufacturer encloses it with the goods.
In order to expedite all claims, we ask customers to make maximum use of the warranty repair service at authorised service centres. Applying for warranty at an authorized service center can save you up to several days when the goods travel from the buyer to the seller and from the seller to the service center. If this is not an option, the buyer will apply for a warranty from the seller. If you do not know where to file a claim, we will be happy to give you all the details.
For a list of service centres and contact numbers where they can give you all the information about the claim, please use the contact email info@cervinka-shop.com.
6) SELLER'S COMPLAINT PROCEDURE
Once again, please ensure that the original manufacturer's warranty card has not been included in the packaging with the goods, which would list the service centres where a claim can be made. If the warranty card is enclosed and the service centre is listed, please contact the staff by telephone who will be happy to advise you on how to proceed for a quick and hassle-free settlement of the claim.
If the original warranty card is not enclosed with the goods, information about the service centre can be obtained from the manufacturer's website or from this website.
When you report a claim to the dealer, you will be contacted and given the claim report number and the claim procedure. If it is possible to recommend a specialised service centre close to your home, a member of staff will provide you with the address and telephone number of this centre.
DO NOT SEND THE GOODS BEFORE BEING CONTACTED BY OUR STAFF. You run the risk that your goods will not be accepted for claim.
In the event that the claimed goods are not personally handed over to the seller for claim, the buyer is responsible for the transport and any damage caused during the transport. Nevertheless, even in the event of damage, the buyer is fully responsible. The parcel you are sending for claim should be insured. Goods to be claimed must not be sent COD.
7) UNAUTHORISED CLAIMS
The Seller reserves the right, in the event of an unauthorized claim by the Buyer (only for purchases made under an I.O.C., where the purchase is governed by the Commercial Code), to charge the actual costs incurred in connection with the unauthorized claim. The unauthorized claim will be documented by a report from the service technician.
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