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General Terms and Conditions
These general terms and conditions (hereinafter referred to as "Terms and Conditions") apply to contracts concluded through the online store www.teplickedorty.cz located on the web interface www.teplickedorty.cz (hereinafter referred to as the "web interface") between
our company
Studio NET s.r.o., with registered office at Světec - Úpoř 36, ZIP code 41753
TIN: 25499106
VAT ID: CZ25499106
registered in the Commercial Register kept by the Regional Court in Ústí nad Labem, Section C, Insert 21179
Delivery address: Studio NET s.r.o., Úpoř 36, Světec, ZIP code 417 53
Phone number: +420 608 641 543
Contact e-mail: info@studionet.cz
as the Seller
and You as the Buyer
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INTRODUCTORY PROVISIONS
By the purchase agreement, we undertake to deliver to you the goods specified in the order, and you undertake to accept this goods (either personally or from the carrier) and pay us the purchase price specified in the order. The purchase price (or just "price") also includes the costs associated with the delivery of goods and any fees related to the chosen method of payment. The amount of these costs will always be communicated to you before the binding order is sent.
You acquire ownership of the goods by paying the full purchase price, but not before you take over the goods.
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Does the purchase agreement only relate to goods?
The term purchase agreement (or just "agreement") here refers to any contract concluded under these terms and conditions. It may therefore also include a service contract (a supplementary service offered on the web interface is, in particular, gift wrapping of goods).
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Is the purchase agreement a consumer contract?
It is a consumer contract if you are a consumer, i.e. if you are a natural person and you purchase goods outside the scope of your business activities or outside the scope of your independent profession. Otherwise, it is not a consumer contract, and the protection of the consumer under legal regulations and these terms and conditions does not apply to you. In particular, as a non-consumer, you do not have the right to withdraw from the contract without stating a reason.
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What special rights do you have as a consumer?
As a consumer, you have, in particular:
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the right to withdraw from a contract concluded using means of distance communication, such as telephone, email, or online store (Article 5 of these terms and conditions);
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the right to a warranty for unused consumer goods for a period of 24 months (the warranty claim is governed by the Complaints Procedure);
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the right to receive information before concluding the contract (information is contained in these terms and conditions or on the web interface).
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What is considered a COur legal relationship is governed by the following documents:
- These terms and conditions, which define and specify our mutual rights and obligations;
- The Complaints Procedure, according to which we will proceed in case of a complaint about goods;
- The Terms of Use of the web interface, which regulate registration on the web interface, protection of your personal data, protection of content of the web interface, and other relationships related to the use of the web interface;
- Terms and instructions stated on the web interface especially when entering into a contract;
- An order and its acceptance by us,
- Act No. 89/2012 Coll., the Civil Code, as amended ("Civil Code");
- Act No. 634/1992 Coll., on consumer protection, as amended (only if you are a consumer).
- How do you express your consent to the terms and conditions?
- PURCHASE AGREEMENT
- How do we conclude a purchase agreement?
- How to place an order?
Before submitting the order, the final price will be communicated to you (depending on the chosen method of delivery and payment).
You submit a binding order by pressing the "Confirm Order" button. We consider the information provided in the binding order to be correct and complete. Please inform us immediately of any changes by phone or email.
You will be notified about the receipt of the order. The information (confirmation) about the receipt of the order is sent automatically and does not constitute acceptance of the order on our part unless expressly stated in the confirmation.
If we have doubts about the authenticity and seriousness of the order, we may contact you to verify it. An unverified order may be rejected. Such an order is then considered as if it had not been placed.
The purchase agreement is concluded at the moment when you receive acceptance of the order from our side. Acceptance of the order will be sent to the email address you provided in the order. If the acceptance of the order does not occur, the contract is concluded at the moment when you pay the full purchase price or take over the ordered goods (whichever occurs first). Acceptance of the order may be part of the information about the receipt of the order according to article 2.2 of these terms (if expressly stated in the confirmation), or it may follow separately after this confirmation.
Information about individual technical steps leading to the conclusion of the contract is visible in the web interface.
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Can you cancel an order already submitted?
You can cancel an order that we have not yet accepted (i.e., you have not received acceptance of the order from our side according to article 2.3 of these terms) by phone or email. All orders accepted by us are binding. Later cancellation of an order is possible only after agreement with us. If an order for goods, which cannot be withdrawn from the contract (details in article 5), is canceled in this way, we are entitled to compensation for costs that we have already incurred in relation to the contract.
The prices of presented goods and the prices for packaging, delivery, and shipping remain valid as long as they are displayed in the web interface. Any discounts from the price of goods cannot be combined unless something else is expressly stated on the web interface.
If there has been a completely obvious technical error on our part in stating the price of goods in the web interface or during ordering, we are not obligated to deliver the goods to you at this clearly erroneous price, even if acceptance of the order has been sent to you according to these terms. In such a case, we reserve the right to withdraw from the contract.
If the price stated for the goods in the web interface or during ordering is no longer current on our side, we will notify you immediately of this fact.If your order has not yet been accepted, we are not obligated to conclude the contract.
A change in price that occurred between the submission of the order and its acceptance by us under Article 2.3 of these terms and conditions does not affect submitted orders.
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Is it possible to obtain the contract in text form?
The contract is not concluded in writing with signatures of the contracting parties. The contract consists of these terms and conditions, your order, and its acceptance by us. The entire contract will be sent to you by email or printed by mail upon your request. When sending by mail, we may ask you to cover the associated costs.
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What if you do not understand something in the contract?
If you have any questions about the terms and conditions or the contract, you can contact us by phone or email. We will be happy to provide you with all the necessary information.
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In which languages can the contract be concluded?
The contract can be concluded in the Czech language unless expressly agreed otherwise.
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Is the contract stored somewhere?
We archive the contract (including these terms and conditions) in electronic form. The contract is not accessible to third parties, but we will send it to you upon request.
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PAYMENT TERMS
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Which payment methods do we accept?
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You can pay the purchase price primarily by:
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in cash upon delivery of the goods or personal collection;
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by bank transfer to our bank account before the goods are delivered (instructions will be provided in the order confirmation);
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by bank transfer through the GoPay payment gateway before the goods are delivered.
Any additional payment methods are listed on the web interface. The choice of payment methods may be limited depending on the method of goods delivery.
Some payment methods (especially cash on delivery) may incur additional charges. These fees are stated on the web interface. The order will always specify the final price, which includes fees related to the chosen payment method.
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When is the purchase price due?
In case of cash payment, the price is due upon receipt of the goods. In the case of non-cash payment before the goods are delivered, the price is due within seven days of order acceptance under Article 2.3. Your obligation to pay the price is fulfilled at the moment the relevant amount is credited to our bank account for non-cash payment.
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In which currency can you pay?
Payment for goods is possible in Czech Crowns (CZK).
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When can we request a deposit or prepayment?
A deposit on the purchase price may be requested, especially for orders with a total price exceeding 5,000 CZK
We are also entitled to request payment of the full price of the goods in advance.By sending or delivering it (§ 2119 para. 1 of the Civil Code shall not apply).
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DELIVERY TERMS
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How do we send the goods?
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The delivery methods of the goods are specified on the web interface. You can choose a specific delivery method in your order. If you do not choose any delivery method, we may determine it.
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What are the costs of delivering the goods?
The costs of delivering the goods always depend on the size and nature of the goods and on the price list of the chosen carrier. The current delivery costs are stated on the web interface.
The final price, including the costs of the chosen delivery method, will always be stated in the order.
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When will we deliver the goods to you?
The delivery time of the goods always depends on its availability and the chosen delivery and payment method.
The goods in stock are usually handed over to the carrier within two working days of receiving the order (when sending the goods cash on delivery or for personal collection), or upon payment being credited to our account (for non-cash payments).
Goods that are not in stock will be handed over to the carrier as soon as possible. We will inform you about the exact date.
Please note that we cannot influence the delivery time of the goods by external carriers. Any complaints regarding the delivery time must be resolved directly with the carrier.
By delivering the goods under these terms and conditions, it is understood that the moment the goods are delivered to you. If you unreasonably refuse to accept the goods, this fact is not considered a failure to fulfill the obligation to deliver the goods on our part, nor as a withdrawal from the contract on your part.
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How to proceed when accepting the goods?
When accepting the goods, check the integrity of the packaging. If you find any defects, inform the carrier and us immediately. Refusing to accept a shipment with damaged packaging is not considered an unjustified refusal of the goods.
By signing the delivery note (or any similar document), you confirm that the package of the shipment has not been tampered with.
Upon receipt of the goods (or at the moment when you were obliged to accept the goods but failed to do so in contravention of the contract), you bear the risk of accidental damage, destruction, or loss of the goods.
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What happens if you do not accept the goods?
If, due to reasons on your part, it is necessary to deliver the goods repeatedly or in a different way than agreed, you are obliged to pay the costs associated with such delivery.
If you unreasonably fail to accept the goods, we are entitled to compensation for the costs associated with the delivery of the goods and their storage, as well as other costs incurred due to the non-acceptance of the goods. These costs shall not exceed 10 CZK for each day of storage. The storage costs may amount to a maximum of 500 CZK in total or the purchase price, if lower than 500 CZK.
In the case of non-acceptance of goods sent cash on delivery based on the conclusion of a purchase contract between the e-shop and the buyer under § 2118 para. 1 of the Act.In accordance with Act No. 89/2012 Coll., the Civil Code, costs incurred for unsuccessful delivery attempts will be enforced through the Online Enforcement Agency located at NeatGravity.com, in the amount of the specified postage in the order resulting from this contract. In the event that the e-shop offers free postage as part of a promotional campaign subject to a minimum purchase amount, standard postage will be charged outside the promotional campaign. Furthermore, in such a case, we reserve the right to withdraw from the contract. 5. WITHDRAWAL FROM THE SALES CONTRACT How can you withdraw from the contract? You can withdraw from the sales contract within 14 days of receiving the goods; if the delivery is divided into several parts, from the receipt of the last delivery. We recommend sending the notice of withdrawal from the sales contract to our delivery address or email. A withdrawal from the contract can be made using a sample form. We will confirm the receipt of the notice without undue delay. You are not required to justify the withdrawal from the contract. What are the consequences of withdrawing from the contract? By withdrawing from the contract, the contract is considered null and void from the beginning as if it had never been concluded. If a gift was provided with the goods, the gift agreement loses its effect upon withdrawal from the contract by either party. Please return the gift along with the returned goods to us. When is it not possible to withdraw from the contract? In accordance with § 1837 of the Civil Code, it is not possible, among other things, to withdraw from the following contracts: - for the delivery of goods tailored to your requirements or personalized - for the delivery of perishable goods or goods that have been irreversibly mixed with other goods after delivery - for the delivery of goods sealed for health or hygiene reasons, which were unsealed after delivery - for the delivery of audio or video recordings or computer software if you have broken the original packaging - for the delivery of newspapers, periodicals, or magazines How do you return the goods to us? You are obliged to return the goods to us within 14 days from the withdrawal from the contract to our delivery address, any store, or our headquarters address. Do not send the goods cash on delivery. We are not obliged to accept goods sent cash on delivery. The returned goods must be undamaged, unused, and uncontaminated and, if possible, in the original packaging. We recommend attaching to the returned goods: - a copy of the delivery note and invoice, if these documents were issued, or any other proof of purchase of the goods - a written statement of withdrawal from the contract (on our form or otherwise) and the chosen method of refund (bank transfer, cash withdrawal, postal order, or otherwise). Please provide the address for delivery, phone, and email information.
Failure to submit any of the above documents does not prevent the positive processing of your withdrawal from the contract under the statutory conditions.
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When will you get your money back?
We will refund all received funds to you within 14 days of withdrawing from the contract. However, please note that we are not obligated to refund the money until you return the goods to us or provide evidence that you have sent the goods back.
In addition to the purchase price, you are entitled to a refund of the costs for delivering the goods to you. However, if you chose a delivery method other than the cheapest one we offer, we will refund the delivery costs equivalent to the cheapest offered method of delivery.
We will refund the money to you:
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in the same way that we received it, or
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in the way you request.
In addition to the above methods, we can always refund the money by transferring it to the bank account you provide or the account from which the funds were transferred for the purchase (if you do not inform us within ten days of withdrawing from the contract). By accepting these terms and conditions, you agree to the transfer of funds as stated above, provided that no additional charges are incurred by you in this manner.
You bear the costs associated with returning the goods to our address, even if the goods cannot be returned by regular mail due to their nature.
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What if the returned goods were damaged?
When sending, pack the goods in suitable packaging to prevent damage or destruction. Goods significantly damaged or destroyed due to improper packaging during transport cannot be refunded the purchase price and the delivery costs (or a portion corresponding to the damage) will not be refunded.
If it is determined that the goods you returned are damaged, worn, contaminated, or partially consumed, we have the right to claim compensation. We can unilaterally set off the compensation against your claim for a refund of the purchase price and delivery costs, i.e., the amount refunded to you will be reduced by the incurred damage.
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When can we withdraw from the purchase contract?
We reserve the right to withdraw from the contract in the following cases:
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a clearly incorrect price of goods was displayed on the website due to a technical error (Article 2.5 of these terms and conditions);
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the goods cannot be delivered under the original conditions due to objective reasons (especially because the goods are no longer manufactured, the supplier has stopped supplying to the Czech Republic, etc.);
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performance becomes objectively impossible or unlawful.
If any of the above circumstances occur, we will promptly inform you of our withdrawal from the contract. The withdrawal is effective towards you at the moment it is delivered to you.
If you have already fully or partially paid the purchase price, we will refund the amount received to the account you provide for this purpose, or from which you made the payment. Pen.We will refund within five days of the withdrawal from the purchase agreement. **RIGHTS FROM DEFECTIVE PERFORMANCE** Your rights from defective performance are governed by the relevant generally binding legal regulations (in particular provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2158 to 2174 of the Civil Code). When asserting your rights from defective performance, we will proceed in accordance with our Complaints Procedure. Before submitting a complaint, please thoroughly familiarize yourself with our [Complaints Procedure](/?controller=cms&id_cms=30) so that the complaint can be handled promptly and to your satisfaction. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID: 000 20 869, is competent for the out-of-court resolution of consumer disputes arising from a purchase agreement, website: http://www.coi.cz **FINAL PROVISIONS** * **What rights do we have for the performance of our activities, and who supervises us in this regard?** We are authorized to sell goods on the basis of a trade license. Our activities do not require any other permits. The trade license supervision is carried out by the respective Trade License Office in the scope of its competence. The inspection of compliance with legal regulations concerning technical requirements for goods and product safety is conducted by the Czech Trade Inspection (http://www.coi.cz/). The Czech Trade Inspection also supervises compliance with consumer protection regulations. Consumer rights are also defended by their interest associations and other entities dedicated to their protection. * **How do we handle complaints?** We handle any complaints via our contact email. You can also contact the entities listed in Section 7.1. We are not bound by any codes of conduct in relation to our customers, nor do we violate any. * **What else should you know?** When concluding a contract, remote communication means were used (especially the internet). Costs incurred using remote communication means (especially internet connection expenses or phone calls) are covered by you. **These costs do not differ from the standard rate.** Unless agreed otherwise, all correspondence related to the contract between us is conducted in writing, either via email, registered mail, or personal delivery. We will deliver to the email address provided in the order or in your user account. If any provision of these terms and conditions is invalid, ineffective, or unenforceable (or becomes so), the provision that most closely corresponds to the invalid, ineffective, or unenforceable provision shall apply. The invalidity, ineffectiveness, or unenforceability of one provision does not affect the validity of the other provisions. **The contract (including the terms and conditions) can only be amended or supplemented in writing.**The terms and conditions are valid and effective from 11.09.2015