Čeština
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions ("Terms") of Martina Tomková , with its registered office at Žabeň 84, 739 25, IČO 75591294, e-mail info@ekorek.eu, telephone number +420 732 460 496 ("We" or "P submitting") are regulated in accordance with the provisions of Section 1751 para. 1 of Act No. 89/2012 Coll., the Civil Code, as amended ("Civil code") mutual rights and obligations of you, as buyers, and Us, as sellers, arising in connection with or on the basis of a purchase contract ("Contract") concluded through the E-shop on the www.ekorek.eu website.
All information about the processing of your personal data is contained in the Principles of Personal Data Processing, which can be found on www.ekorek.eu
The provisions of these Terms and Conditions are an integral part of the Agreement. The Contract and the Terms are drawn up in the Czech language. We may unilaterally change or supplement the wording of the Terms. This provision is without prejudice to the rights and obligations arising during the period of effect of the previous version of the Terms and Conditions.
As you surely know, we communicate primarily remotely. Therefore, even for our Contract, means of distance communication are used, which allow us to agree without the simultaneous physical presence of Us and you, and the Contract is thus concluded in a distance manner in the E-shop environment, through the website interface ("E-shop web interface").
If any part of the Terms contradicts what we have jointly approved as part of your purchase process in Our E-shop, that particular agreement will take precedence over the Terms.
1. SOME DEFINITIONS
1.1. The Price is the amount of money you will pay for the Goods;
1.2. The shipping price is the amount of money you will pay for the delivery of the Goods, including the price for their packaging;
1.3. The Total Price is the sum of the Price and the Shipping Price;
1.4. VAT is a value added tax according to applicable legislation;
1.5. Invoice is a tax document issued in accordance with the Value Added Tax Act for the Total Price;
1.6. Order is Your irrevocable proposal to conclude a Contract for the Purchase of Goods with Us;
1.7. User Account is an account established on the basis of the data provided by you, which allows you to store entered data and keep the history of ordered Goods and concluded Contracts;
1.8. You are a buyer in Our E-shop, referred to by law as the buyer;
1.9. Goods are everything you can buy in the E-shop www.ekorek.eu
2. GENERAL PROVISIONS AND INSTRUCTIONS
2.1. The purchase of the Goods is possible only through the web interface of the E-shop.
2.2. When purchasing Goods, You are obliged to provide Us with all information correctly and truthfully. We will therefore consider the information You provided to Us when ordering the Goods to be correct and true.
3.1. The Contract with Us may be concluded in Czech and English.
3.2. The contract is concluded remotely through the E-shop, while the costs of using the means of distance communication are borne by you. However, these costs are no different from the base rate You pay for the use of these funds (i.e. in particular for Internet access ), so You may not expect any additional costs charged by Us beyond the Full Price. By submitting an Order, you agree that we use the means of distance communication.
3.3. In order to be able to conclude the Contract, it is necessary for you to create a draft Order in the E-shop. This proposal must include the following information:
a) Information about the purchased Goods (in the E-shop you mark the Goods you are interested in purchasing by clicking on the "Add to cart" button);
b) Information about the Price, the Shipping Price, the method of payment of the Total Price and the required method of delivery of the Goods; this information will be entered as part of the creation of the Order proposal within the user environment of the E-shop, while information about the Price, Shipping Price and Total Price will be provided automatically based on the Goods you select and the method of delivery;
c) Your identification and contact details used to deliver the Goods, in particular name, surname, delivery address, telephone number and e-mail address;
3.4. During the creation of the draft Order, it may change and check the data until it is created. After checking by pressing the "Order binding to pay" button, you will create the Order. Before pressing the button, however, you must confirm your acquaintance and consent to these Terms and Conditions, otherwise it will not be possible to create an Order. Use the checkbox to confirm and agree. After pressing the "Order binding to pay" button, all entered information will be sent directly to Us.
3.5. We will confirm Your Order to You as soon as possible after it is delivered to Us by a message sent to Your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms and Conditions. By confirming the Order by us, the Contract between Us and You is concluded. The Terms and Conditions in force on the date of the Order form an integral part of the Agreement.
3.6. There may also be cases where we are unable to confirm the Order to you. This is especially the case when the Goods are not available or cases where you order a larger number of Goods than is allowed by us. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop and should not be surprising to you. In the event that any reason arises for which we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in a modified form compared to the Order. In this case, the contract is concluded when you confirm our offer.
3.7. In the event that a clearly incorrect Price is stated in the E-shop or in the draft Order, we are not obliged to deliver the Goods to you for this Price even if you have received an Order confirmation and the Contract has therefore been concluded. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in a modified form compared to the Order. In this case, the new Contract is concluded when you confirm Our offer. If you do not confirm Our offer within 3 days of its sending, we are entitled to withdraw from the concluded Contract. An obvious error in the Price is considered, for example, if the Price does not correspond to the usual price at other sellers or a figure is missing or excessive.
3.8. In the event that the Contract is concluded, You are obliged to pay the Full Price.
3.9. If you have a User Account, you can place an Order through it. Even in this case, however, you are obliged to check the accuracy, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that it is not necessary to repeatedly fill in your identification data.
3.10. In some cases, we allow you to use a discount on the purchase of Goods. To provide a discount, you need to fill in the information about this discount in a predetermined field within the Order proposal. If you do so, the Goods will be provided to you at a discount.
4. USER ACCOUNT
4.1. Based on your registration in the E-shop, you can access your User Account.
4.2. When registering a User Account, it is your responsibility to correctly and truthfully state all entered data and update them in case of change.
4.3. Access to the User Account is secured by a user name and password. Regarding these access documents, it is your duty to maintain confidentiality and not to provide this data to anyone. In the event of misuse, we assume no liability for this.
4.4. The user account is personal and you are not entitled to allow its use by third parties.
4.5. We may cancel your User Account, especially if you do not use it for more than 1 year or if you breach your obligations under the Agreement.
4.6. The User Account may not be available continuously, especially with regard to the necessary maintenance of hardware and software.
5. PRICING AND PAYMENT TERMS, RETENTION OF TITLE
5.1. The price is always stated in the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price stated for the Goods in the E-shop and the Price specified in the Order Proposal, the Price stated in the Order Proposal, which will always be identical to the price in the Contract, shall apply. The draft Order also states the Shipping Price, or the conditions when the transport is free.
5.2. The total price includes VAT including all fees stipulated by law.
5.3. We will require you to pay the Full Price after the conclusion of the Contract and before handing over the Goods. You may pay the Full Price in the following ways:
a) Bank transfer. We will send you the payment information as part of the Order Confirmation. In case of payment by bank transfer, the Total Price is payable within 3 working days of placing the order.
b) Online card. In this case, the payment is made through the payment gateway COMGATE, STRIPE , and the payment is governed by the terms and conditions of this payment gateway, which are available at: www. comgate.cz, www.stripe.com. In the case of online card payment, the Total Price is payable immediately at the time of purchase.
c) Cash on delivery. In such a case, payment will be made upon delivery of the Goods as opposed to the handover of the Goods. In the case of cash on delivery, the Total Price is payable upon receipt of the Goods.
d) Cash for personal collection. Cash can be paid for the Goods in case of receipt at Our premises. In the case of cash payment upon personal collection, the Total Price is payable upon receipt of the Goods.
5.4. The invoice will be issued in electronic form after payment of the Full Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods.
5.5. Title to the Goods passes to You only after You have paid the Full Price and taken possession of the Goods. In the case of payment by bank transfer, the Total Price is paid by crediting it to Our account, in other cases it is paid at the time of payment.
6. DELIVERY OF GOODS, TRANSFER OF RISK OF DAMAGE TO GOODS
6.1. The goods will be delivered to you in the manner of your choice, and you can choose from the following options:
a) Personal collection at our premises Martina Tomková, Žabeň 84, 739 25, always only by prior arrangement.
b) Personal collection at Zásilkovna dispensing points.
c) Delivery via transport companies Czech Post, PPL CZ, DHL, Packetera...
6.2. Goods can be delivered worldwide.
6.3. The delivery time of the Goods always depends on its availability and on the chosen method of delivery and payment. The estimated time of delivery of the Goods will be communicated to you in the Order confirmation. The time stated in the E-shop is only approximate and may differ from the actual time of delivery. In the case of personal collection at the premises, we will always inform you about the possibility of picking up the Goods via e-mail.
6.4. After receipt of the Goods from the carrier, it is Your duty to check the integrity of the packaging of the Goods and in case of any defects to immediately notify the carrier and Us. In the event that there is a defect in the packaging that indicates unauthorized manipulation and entry into the shipment, it is not your obligation to take over the Goods from the carrier.
6.5. In the event that you breach your obligation to take over the Goods, except in cases under Art. 6.4 Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to You. At the same time, the fact that you do not take over the Goods does not constitute a withdrawal from the Contract between Us and You. In such a case, however, we have the right to withdraw from the Contract due to your material breach of the Agreement. If we decide to exercise this right, the withdrawal is effective on the day we deliver the withdrawal to you. Withdrawal from the Contract does not affect the right to payment of the Transportation Price or the right to compensation for damages, if any.
6.6. If, for reasons arising on Your part, the Goods are delivered repeatedly or in a different way than agreed in the Contract, You are obliged to reimburse Us the costs associated with such repeated delivery. We will send you the payment details for these costs to your e-mail address specified in the Contract and are due 14 days from receipt of the e-mail.
6.7. Danger of damage to the Goods passes to you at the moment you take it over. In the event that you do not take over the Goods, except in cases pursuant to Art. 6.4 Terms and conditions, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take it over, but for reasons on your part did not take over . The transfer of the risk of damage to the Goods means for you that from that moment you bear all the consequences associated with the loss, destruction, damage or any depreciation of the Goods.
6.8. In the event that the Goods have not been listed in stock in the E-shop and the approximate availability time has been stated, we will always inform you in the event of:
a) extraordinary outage of production of the Goods, while we will always inform you of the new expected availability period or information that it will not be possible to deliver the Goods;
b) delay in delivery of the Goods from Our Supplier, while we will always inform you of the new expected delivery time.
6.9. In the event that we are unable to deliver the Goods to you within 30 days of the expiry of the delivery time of the Goods specified in the Order confirmation, for any reason, We and You are entitled to withdraw from the Contract.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. We guarantee that at the time of the transfer of the risk of damage to the Goods pursuant to Art. 6.7 of the Terms and Conditions are the Goods without defects, in particular that:
a) has properties that we have agreed with you, and if they have not been expressly agreed, then those that we have indicated in the description of the Goods, or those that can be expected with regard to the nature of the Goods;
b) is suitable for the purposes stated by us or for purposes that are customary for Goods of this type;
(c) corresponds to the quality or design of the agreed sample, if the quality or design has been determined from the sample;
(d) it is in the appropriate quantity and weight;
(e) meets the requirements imposed on it by law;
f) is not encumbered by the rights of third parties.
7.2. The rights and obligations regarding the rights of defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).
7.3. In the event that the Goods have a defect, especially if any of the conditions under Art. 7.1 , you may notify Us of such a defect and exercise your rights arising from defective performance (i.e. claim the Goods) by sending an e-mail or letter to Our addresses listed in Our identification data. For a complaint, you can also use the sample form provided by Us, which forms Annex No. 1 to the Terms and Conditions. In exercising the right arising from defective performance, it is necessary to choose how you want to resolve the defect, and you cannot subsequently change this choice, except in cases under Article 7.4, without Our consent. We will handle the complaint in accordance with your right of defective performance. In the event that you do not choose to resolve the defect, you have the rights referred to in Art. 7.5 even in situations where defective performance was a material breach of the Contract.
7.4. If defective performance is a material breach of the Contract, you have the following rights:
a) to remedy the defect by delivering new Goods without defect or by delivering the missing part of the Goods;
b) to remove the defect by repairing the Goods;
c) a reasonable discount on the Price;
d) withdrawal from the Contract.
In the event that you choose to resolve under points a) or b) and We do not remove the defect within a reasonable period of time specified by us, or we inform you that we will not remove the defect at all in this way, you have the rights under points c) and d), even if you did not originally request them in the complaint. At the same time, if you choose to remove the defect by repairing the Goods and we find that the defect is irreparable, we will notify you and you can choose another method of removing the defect.
7.5. If defective performance is a minor breach of the Contract, you have the following rights:
a) to remedy the defect by delivering new Goods without defect or by delivering the missing part of the Goods;
b) to remove the defect by repairing the Goods;
c) a reasonable discount on the Price.
However, if we do not remove the defect in time or refuse to remove the defect, you have the right to withdraw from the Contract. You may also withdraw if you cannot properly use the Goods due to the repeated occurrence of defects after the repair of the Goods or in the event of a larger number of defects in the Goods.
7.6. In the event of a material or minor breach, you may not withdraw from the Contract or require the delivery of a new item if you cannot return the Goods in the condition in which you received them. However, this does not apply in the following cases:
a) if there has been a change in the condition of the Goods as a result of an inspection to detect a defect;
b) if the Goods were used before the defect was discovered;
c) if the impossibility of returning the Goods in the same condition was not caused by your act or omission,
d) if the Goods were sold, consumed or altered by you in normal use prior to the discovery of the defect ; however, if this has occurred only partially, you are obliged to return the part of the Goods that can be returned, in which case you will not be refunded the part of the Prizes corresponding to your benefit from the use of part of the Goods.
7.7. Within 3 days of receiving the complaint, we will confirm to your e-mail address that we received the complaint, when we received it and the expected duration of the complaint settlement. We will handle the complaint without undue delay, but no later than 30 days after its receipt. The deadline may be extended by mutual agreement. If the deadline expires in vain, you can withdraw from the Contract.
7.8. We will inform you by e-mail about the settlement of the complaint. If the complaint is justified, you are entitled to reimbursement of reasonably incurred costs. You are obliged to prove these costs, e.g. by means of receipts or shipping price receipts. In the event that the defect has been removed by delivering new Goods, it is Your obligation to return the original Goods to Us, but the costs of such return shall be borne by Us.
7.9. If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you could have discovered it, but no later than three days after receipt of the Goods.
7.10. If you are a consumer, you have the right to exercise the rights arising from defective performance for a defect that occurs in consumer goods within 24 months of receipt of the Goods.
7.11. The provisions concerning the right from defects do not apply in the case of :
a) Goods that are sold at a lower Price for a defect for which a lower Price has been agreed;
b) wear and tear of the Goods caused by their normal use;
c) used Goods for a defect corresponding to the degree of use or wear and tear that the Goods had when you took them over;
d) when it results from the nature of the Goods.
8. WITHDRAWAL FROM THE CONTRACT
8.1. Withdrawal from the Contract, i.e. termination of the contractual relationship between Us and You from its beginning, may occur for the reasons and methods specified in this Article or in other provisions of the Terms in which the possibility of withdrawal is expressly stated.
8.2. If you are a consumer, i.e. a person buying the Goods outside the scope of your business activities, you have the right to withdraw from the Contract without giving any reason within 14 days from the date of delivery of the Goods in accordance with the provisions of Section 1829 of the Civil Code. In the event that we have concluded a Contract, the subject of which is several types of Goods or the delivery of several parts of the Goods, this period begins to run only on the date of delivery of the last part of the Goods, and if we have concluded a Contract under which we will deliver the Goods to you regularly and repeatedly, it begins to run on the date of delivery of the first delivery. You may withdraw from the Contract in any demonstrable way (in particular by sending an e-mail or letter to Our addresses listed next to Our identification data). For withdrawal, you can also use the sample form provided by Us, which forms Annex No. 2 to the Terms and Conditions.
8.3. However, even as a consumer, you cannot withdraw from the Contract in cases where the subject of the Contract is:
a) Goods whose price depends on financial market fluctuations independent of Our will and may occur during the withdrawal period;
b) supply of alcoholic beverages, which can be delivered only after thirty days and their price depends on financial market fluctuations independent of Our will;
c) Goods that have been modified according to your wishes or for your person;
d) Goods that are subject to rapid deterioration and Goods that have been irreversibly mixed with another after delivery;
e) Sealed goods that have been removed from the packaging and cannot be returned for hygienic reasons;
(f) the supply of an audio or video recording or a computer program if the original packaging has been broken;
(g) the supply of newspapers, periodicals or magazines;
h) delivery of digital content, if it was not delivered on a tangible medium and was delivered with your prior express consent before the expiry of the withdrawal period and We have informed you that you do not have the right to withdraw from the Contract.
8.4. Withdrawal period pursuant to Art. 8.2 The Terms shall be deemed to be retained if you send Us a notice during the period that You are withdrawing from the Agreement.
8.5. In the event of withdrawal from the Contract, the Price will be returned to You within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen to withdraw from the Contract. However, the amount will not be refunded before You return the Goods to Us. Please return the goods to us clean, if possible including the original packaging.
8.6. In the event of withdrawal from the Contract pursuant to Art. 8.2 You are obliged to send Us the Goods within 14 days of withdrawal and You bear the costs associated with returning the Goods to Us. You, on the other hand, are entitled to have Us refund You the Shipping Price, but only in the amount corresponding to the cheapest offered method of delivery of the Goods that We offered for the delivery of the Goods. In the event of withdrawal due to the fact that We breach the concluded Contract, We shall also pay the costs associated with returning the Goods to Us, but again only up to the amount of the Shipping Price in the amount corresponding to the cheapest offered method of delivery of the Goods offered by Us upon delivery of the Goods.
8.7. You are liable to Us for damages in cases where the Goods are damaged as a result of Your handling of them differently than is necessary to handle them with regard to their nature and properties. In such a case, We will bill You for the damage caused after the Goods have been returned to Us and the due date of the billed amount is 14 days. In the event that we have not yet returned the Price to you, we are entitled to set off the claim for costs against your claim for the return of the Prize.
8.8. We are entitled to withdraw from the Contract at any time before we deliver the Goods to you if there are objective reasons why it is not possible to deliver the Goods (in particular reasons on the part of third parties or reasons based on the nature of the Goods), even before the expiry of the period specified in art. 6.9 . Conditions. We may also withdraw from the Contract if it is obvious that you have intentionally provided incorrect information in the Order. If you purchase goods in the course of your business activities, i.e. as an entrepreneur, we are entitled to withdraw from the Contract at any time, even without giving any reason.
9. CONSUMER DISPUTE RESOLUTION
9.1. We are not bound by any codes of conduct in relation to buyers within the meaning of § 1826 para. 1 letter e) of the Civil Code.
9.2. We handle consumer complaints via the electronic address of info@ekorek.eu. We will send information about the settlement of the complaint to the buyer's electronic address.
9.3. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, Internet address: http://www.coi.cz, is competent for out-of-court settlement of consumer disputes arising from the Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr Internet address can be used to resolve disputes between the seller and the buyer who is a consumer arising from a purchase contract concluded by electronic means.
9.4. European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point pursuant to 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).
10. FINAL PROVISIONS
10.1. If Our and your legal relationship contains an international element (for example, we will send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this arrangement does not affect your rights under the law.
10.2. We will deliver all written correspondence with you by e-mail. Our e-mail address is provided next to Our identification data. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you have contacted us.
10.3. The Agreement may only be changed by our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change
10.4. In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor failures, etc.), we shall not be liable for damage caused as a result of or in connection with cases of force majeure, and if the force majeure situation persists for more than 10 days, we and you have the right to withdraw from the Contract.
10.5. An annex to the Terms and Conditions is a sample form for complaints and a sample form for withdrawal from the Contract.
10.6. The Contract, including the Terms and Conditions, is archived in electronic form by Us, but is not accessible to You. However, you will always receive these Terms and Conditions and the Order confirmation with a summary of the Order by e-mail and You will therefore always have access to the Contract without Our cooperation. We recommend that you always confirm the Order and save the Terms.
10.7. These Terms and Conditions come into effect on 1.1.2023