terms of service

I. fundamental provisions

1. These General Terms and Conditions of Business (hereinafter referred to as "Terms and Conditions") are issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as "Civil Code")

This site is a joint e-shop of these:

e-shop manager and responsible contact person:

Vendula Procházková, DiS (VAT non-payer)
ID: 17235669
based in: Brno, Brno – Veveří, Údolní 401/38
location: Václavská 237/6, 603 00 Staré Brno
contact details:
e-mail: pohovenda@gmail.com
phone: +420 774 193 119
www.pohovenda.cz 

other sellers:

Ing. Ondřej Daňa (VAT non-payer) 
ID: 74859862
based in: Družby 1431, Vsetín, 75501
location: Palackého tř. 916/158, 612 00 Brno-Královo Polecontact details:
e-mail: 1000zgarb@gmail.com
phone: +420 736 652 802
www.1000zgarb.cz

Bc. Tereza Jakubíčková, DiS. (VAT non-payer)
ID: 05924073
VAT: CZ8961204153
based in: Brno, Černá Pole (Brno-střed), Lužánecká 1885/4A zapsané v obchodním rejstříku, vedeného Krajským soudem v Brně
location: Lidická 1875/40, 602 00 Brno-střed
contact details: 
e-mail: tereza@fungl.cz
phone: +420 721 158 854
www.fungl.cz

 

Bc. Kateřina Sobotková (VAT non-payer)
ID: 19286007
based in: Brno, Brno – Žabovřesky, Královopolská 493/60
location: Václavská 237/6, 603 00 Staré Brno
contact details:
e-mail: calounictvi.namekko@gmail.com
phone: +420 721 019 841
www.calounictvinamekko.cz

 

Mgr. Lukáš Václavík (VAT non-payer)
ID: 09120254
based in: Brno, Brno – město, Údolní 495/19
location: Údolní 495/19, 602 00 Brno-střed
contact details:
e-mail: naponku@email.cz
phone: +420 737 701 561
www.naponku.cz

 

Vendula Procházková, DiS (VAT non-payer)
ID: 17235669
based in: Brno, Brno – Veveří, Údolní 401/38
location: Václavská 237/6, 603 00 Staré Brno
contact details:
e-mail: pohovenda@gmail.com
phone: +420 774 193 119
www.pohovenda.cz

 

Blanka Rýznarová (VAT non-payer)
ID: 04085981
based in: Brno, Brno – Veveří, Cihlářská 644/20
location: Leitnerova 692/16, 602 00, Staré Brno
contact details:
e-mail: retrositting@gmail.com
phone: +420 604 132 954
www.retrositting.cz

location: Hněvkovského 30/65, 617 00 Brno-Komárov
contact details:
e-mail: patina.restaurovani@gmail.com
phone: +420 608 647 151
www.restaurovanipatina.cz

 

(hereinafter referred to as "Sellers")

2. These terms and conditions govern the mutual rights and obligations of sellers and a natural or legal person who concludes a purchase contract outside his/her business activity as a consumer or within his/her business activity (hereinafter: "buyer") through the web interface located on the website available at www.krasnacimra.cz (hereinafter: "online store").

3. The provisions of the Terms and Conditions are an integral part of the Purchase Agreement. Any deviating provisions in the Purchase Agreement shall prevail over the general provisions of these Terms and Conditions.

4. These Terms and Conditions and the Purchase Contract are concluded in the Czech language if the order is created in the Czech version of the e-shop and in the English language if the order is created in the English version of the e-shop.

 

II. goods and price information

1. Information about the goods, including the prices of individual goods and their main features are listed in the catalog of the online store. The prices of the goods are inclusive of value-added tax, all related charges, and the cost of returning the goods if they cannot be returned by normal postal means. The prices of the goods remain valid for the period of time they are displayed in the online shop. This provision does not preclude the negotiation of a purchase contract on individually agreed terms.

2. All presentation of goods in the catalog of the online shop is for information purposes only and the sellers are not obliged to conclude a purchase contract in respect of these goods. The seller is indicated for each item.

3. Information on the costs associated with the packaging and delivery of the goods is published in the online shop. The information on the costs associated with the packaging and delivery of the goods listed in the online shop applies only in cases where the goods are delivered within the Czech Republic. The conclusion of an individual delivery price is not excluded and may take place before the order is confirmed to the seller.

4. Any discounts on the purchase price of the goods cannot be combined with each other unless the Sellers and the Buyer agree otherwise.

 

III. order and conclusion of the purchase contract

1. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer himself. These costs do not differ from the basic rate.

2. The buyer orders the goods by filling in the order form without registration. 

3. When placing an order, the buyer selects the goods, the number of items, the method of payment, and delivery. 

4. Before sending the order, the buyer is allowed to check and change the information he has entered in the order. The buyer sends the order to the seller by clicking on the "send order" button. The information provided in the order is considered correct by the Seller. The validity of the order is subject to the completion of all mandatory data in the order form and the Buyer's confirmation that he has read these terms and conditions.

5. Immediately upon receipt of the order, the Sellers shall send the Buyer a confirmation of receipt of the order to the e-mail address provided by the Buyer when placing the order. The Sellers will then process the order internally and proceed to one of the following methods of processing the order:

a) if the order contains only goods from one seller, the purchase contract will be concluded between that seller and the buyer

b)if the order contains goods from more than one seller:

b.1) the order will be concluded between the buyer and each seller separately (multiple orders will be created)

b.2) the order will be concluded between the buyer and one of the sellers who will cover the order

(in all cases, the vendor who concludes the individual order is hereinafter referred to as the "seller")

6. The moment of conclusion of the purchase contract is always the confirmation of the order by the seller to the buyer's email address. The confirmation shall be accompanied by the current terms and conditions of the Seller.

7. In the event that any of the requirements specified in the order cannot be fulfilled, the Seller shall send an amended offer to the Buyer's email address. The amended offer shall be deemed to be a new proposal of the purchase contract and the purchase contract shall be concluded in such case by the Buyer's confirmation of acceptance of this offer to the Seller at his email address specified in these Terms and Conditions.

8. All orders accepted by the Seller are binding. The Buyer may cancel an order until the Buyer has received notification of acceptance of the order by the Seller. The Buyer may cancel an order by telephoning the telephone number or email of the e-shop administrator specified in these terms and conditions, or directly to the Seller at the email or telephone number specified in these terms and conditions.

9. In the event that there is an obvious technical error on the part of the Seller when indicating the price of the goods in the online store or during the ordering process, the Seller is not obliged to deliver the goods to the Buyer for this obviously erroneous price even if the Buyer has been sent an automatic confirmation of receipt of the order according to these Terms and Conditions. The Seller shall inform the Buyer of the error without undue delay and shall send the Buyer an amended quotation to the Buyer's email address. The amended offer shall be deemed to be a new draft purchase contract and the purchase contract shall be concluded in such case by confirmation of receipt by the Buyer to the Seller's email address.

IV. payment terms and delivery 

1. The price of the goods and any costs associated with the delivery of the goods under the Purchase Contract may be paid by the Buyer in the following ways:

(a) by wire transfer to the bank account of the Seller who confirms the order. The account number will always be provided in the order confirmation together with all payment details.

b) in cash on receipt

2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. The agreed amount is either indicated on the e-shop or agreed upon upon receipt of the order and before the order is confirmed.

Unless expressly stated otherwise below, the purchase price shall also include the costs associated with the delivery of the 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 7 days of the conclusion of the purchase contract and receipt of the payment details.

4. In the case of payment via a payment gateway, the buyer shall follow 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 at the moment of crediting the relevant amount to the Seller's bank account.

6. The Seller does not require any advance payment or any other similar payment from the Buyer. Payment of the purchase price before shipment of the goods is not a deposit.

7. The goods are delivered to the buyer:

a) to the address specified by the Buyer in the order

b) by personal collection at the Seller's premises or, in the case of an order confirmed by several Sellers, at the address of the e-shop administrator.

8. The choice of delivery method is made during the ordering process. The method of delivery can be made and specified even after ordering the goods.

9. The cost of delivery of the goods depending on the method of shipment and receipt of the goods is indicated in the order confirmation by the seller. In the event that the method of delivery is agreed upon at the specific request of the Buyer, the Buyer bears the risk and any additional costs associated with this method of delivery.

10. If the Seller is obliged under the Purchase Contract to deliver the goods to the place specified by the Buyer in the order, the Buyer is obliged to take delivery of the goods upon delivery. In the event that for reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or by a different method than that specified in the order confirmation, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods or the costs associated with a different method of delivery.

11. On receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier. Any damage to the goods must be noted immediately at the place of delivery, otherwise, no subsequent claim for damage to the product by the shipping company can be made.

12. The Seller shall issue a tax document - invoice to the Buyer. The tax document is sent to the buyer's email address.

13. The Buyer acquires the ownership right to the goods by paying the full purchase price for the goods, including delivery costs, but not before taking delivery of the goods. Liability for accidental destruction, damage, or loss of the goods passes to the buyer at the moment of taking over the goods or at the moment when the buyer was obliged to take over the goods but failed to do so in breach of the purchase contract.

 

V. withdrawal from the contract

1. A buyer who has concluded a purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.

2. The withdrawal period is 14 days 

from the date of receipt of the goods,

from the date of receipt of the last delivery of the goods if the subject of the contract is several types of goods or the delivery of several parts

from the date of receipt of the first delivery of the goods if the subject of the contract is a regular recurring delivery of goods.

3. The buyer may not, inter alia, withdraw from the contract of sale: 

the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the seller has informed the buyer before the conclusion of the contract that in such case he has no right to withdraw from the contract,

the supply of goods or services the price of which depends on financial market fluctuations independent of the seller's will and which may occur during the withdrawal period,

the delivery of goods that have been modified according to the wishes of the buyer or for the buyer's benefit, in the other cases referred to in Article 1837 of the Civil Code.

4. In order to comply with the withdrawal period, the buyer must send a declaration of withdrawal within the withdrawal period.

5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. The withdrawal form is available on request at the email address of the e-shop administrator. The Buyer shall send the withdrawal form to the email or delivery address of the e-shop administrator specified in these terms and conditions. The Seller shall acknowledge receipt of the form to the Buyer without delay.

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. The Buyer shall bear the costs associated with the return of the goods to the Seller, even if the goods cannot be returned by normal postal means due to their nature.

7. If the Buyer withdraws from the contract, the Seller shall reimburse the Buyer immediately, but no later than 14 days after withdrawal, all monies, including delivery costs, received from the Buyer in the same manner. The seller shall only return the funds received to the buyer in another way if the buyer agrees to this and if no additional costs are incurred.

8. If the Buyer has chosen a method of delivery other than the cheapest method of delivery offered by the Seller, the Seller shall reimburse the Buyer for the cost of delivery of the goods in the amount corresponding to the cheapest method of delivery 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 has handed over the goods to the seller or proved that he has sent the goods to the seller.

10. The Buyer must return the goods to the Seller undamaged, unworn, and unpolluted and, if possible, in their original packaging. The Seller is entitled to unilaterally offset the claim for compensation for damage to the goods against the Buyer's claim for reimbursement of the purchase price.

11. The Seller is entitled to withdraw from the Purchase Contract due to stock-outs, unavailability of the goods, or when the manufacturer, importer, or supplier of the goods has discontinued the production or import of the goods. The Seller shall promptly inform the Buyer via the email address specified in the order and shall return all monies, including delivery costs, received from the Buyer under the contract within 14 days of notification of withdrawal from the contract, in the same manner, or in the manner specified by the Buyer, as the case may be.

12. Withdrawal from the purchase contract is not possible if the goods have been customized to the customer. The consent through e-mail communication between the customer and the seller, where the form of the order, its appearance, quantity, and overall final form is specified, is considered a binding opinion. If the seller modifies the product in this way and produces it to the customer's specifications, the customer is obliged to accept the goods, and withdrawal from the contract is not possible.

 

VI. rights from defective performance

1. The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took delivery of the goods:

the goods have the characteristics agreed between the parties and, in the absence of agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,

the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,

the goods correspond in quality or workmanship to the agreed sample or specimen if the quality of workmanship was determined by reference to the agreed sample or specimen,

the goods are in the appropriate quantity, measure, or weight; and

the goods comply with the requirements of the legislation.

2. If the defect becomes apparent within six months of the buyer's receipt of the goods, the goods shall be deemed to have been defective upon receipt. The buyer shall be entitled to exercise the right to claim a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply in the case of goods sold at a lower price to a defect for which the lower price was agreed, to wear and tear caused by normal use, or in the case of second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer, or if this is apparent from the nature of the goods.

3. In the event of a defect, the buyer may submit a claim to the seller and demand

repair of the goods,

a reasonable discount on the purchase price,

withdraw from the contract.

4. The buyer has the right to withdraw from the contract,

if the goods have a material defect,

if he cannot use the goods properly because of the recurrence of the defect or defects after repair,

in the event of multiple defects in the goods.

5. The Seller is obliged to accept the claim in any establishment where the acceptance of the claim is possible, possibly also in the registered office or place of business. The Seller is obliged to issue the Buyer with a written confirmation of when the Buyer exercised the right, what is the content of the claim and what method of settlement the Buyer requires, as well as confirmation of the date and method of settlement of the claim, including confirmation of the repair and the duration of the repair, or written justification for the rejection of the claim.

6. The Seller or an employee authorized by the Seller shall decide on the complaint immediately, in complex cases within three working days. This time limit shall not include the time appropriate to the type of product or service required for a professional assessment of the defect. The complaint, including the removal of the defect, must be settled without delay, within 30 days of the date of the complaint, unless the seller and the buyer agree on a longer period. The expiry of this period in vain shall be considered a material breach of contract and the buyer shall have the right to withdraw from the purchase contract. The moment when the Buyer's expression of will (exercise of the right from defective performance) reaches the Seller shall be considered as the moment when the claim is made.

7. The Seller shall inform the Buyer in writing of the outcome of the claim.

8. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect or if the buyer caused the defect himself.

9. In the case of a justified claim, the buyer is entitled to compensation for reasonable costs incurred in connection with the claim. The Buyer may exercise this right with the Seller within one month after the expiry of the warranty period.

10. The Buyer has the choice of the method of claim.

11. The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by Sections 1914 to 1925, 2099 to 2117, and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection.

 

VII. delivery

1. The Parties may deliver all written correspondence to each other by electronic mail.

2. The Buyer shall deliver correspondence to the Seller at the email address specified in these Terms and Conditions. The Seller shall deliver correspondence to the Buyer at the email address provided in the Buyer's customer account or order.

 

VIII. out-of-court dispute resolution

1. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court settlement of consumer disputes arising from a purchase contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

2. the European Consumer Centre Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is the contact point under Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on online dispute resolution for consumer disputes).

3. The Seller is authorized to sell goods on the basis of a trade license. The trade control is carried out within the scope of its competence by the competent trade authority. The Czech Trade Inspection Authority supervises compliance with Act No 634/1992 Coll., on Consumer Protection, among other things.

 

IX. personal data

1. All information you provide when working with us is confidential and will be treated as such. Unless you give us written permission to do so, we will not use information about you other than to perform under the contract.

2. For more detailed information on data protection, please refer to the Privacy Policy.

 

X. final provisions

1. All agreements between the Seller and the Buyer shall be governed by the laws of the Czech Republic. If the relationship established by the Purchase Contract contains an international element, the parties agree that the relationship shall be governed by the law of the Czech Republic. This is without prejudice to the consumer's rights under generally binding legislation.

2. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.

3. All rights to the Seller's website, in particular the copyrights to the content, including page layout, photos, films, graphics, trademarks, logos, and other content and elements, belong jointly and equally to the Sellers, except for the photographs of individual goods, which always belong to the respective Seller. It is prohibited to copy, modify, or otherwise use the website or any part thereof without the consent of the sellers.

4. The Sellers shall not be liable for errors resulting from third-party interference with the online shop or from its use contrary to its intended purpose. The Buyer shall not use any procedures in the use of the Online Shop that could adversely affect its operation and shall not carry out any activity that could enable him or third parties to interfere with or make unauthorized use of the software or other components that make up the Online Shop or use the Online Shop or its parts or software in a manner that would be contrary to its purpose or intent.

5. The Buyer hereby assumes the risk of a change of circumstances within the meaning of Section 1765 (2) of the Civil Code.

6. The Purchase Contract including the Terms and Conditions is archived by the Seller in electronic form and is not accessible.

7. The Sellers may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the terms and conditions.