BUSINESS CONDITIONS AND TERMS
of the commercial company
Euro Tattoo Supply a.s.
Registered office: Žitná 1575/49, 110 00 Prague 1
Business Identification No.: 28538692
Incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, File 145180
for the sale of goods via the online store located at the address www.tattoo-supply.cz
1. Introductory provisions
- 1.1. These business conditions and terms (hereinafter referred to as “business conditions”) of Euro Tattoo Supply a.s., registered office: Žitná 1575/49, 110 00 Prague 1, Company Identification No.: 28538692, incorporated in the Companies Register kept by the Municipal Court in Prague, Section C, File 145180 (hereinafter referred to as the “Seller“) regulate in accordance with the provision of Section 1751(1) of the Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”), the mutual rights and obligations of the Contracting parties established in connection with or based on a purchase agreement (hereinafter referred to as the “purchase agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller´s online store. The online store is operated by the Seller on the website address www.tattoo-supply.cz (hereinafter referred to as the “website”) and via its interface (hereinafter referred to as the “web interface”).
- 1.2. The business conditions do not apply to cases when a person intending to buy goods from the Seller is a legal entity or a person acting in terms of his/her business activity or self-employment when ordering the goods.
- 1.3. It is possible to agree upon provisions different from business conditions in a purchase agreement. The different provisions in a purchase agreement shall prevail over the provisions of business conditions.
- 1.4. The provisions of business conditions are an integral part of a purchase agreement. The purchase agreement and business conditions are executed in Czech language. The purchase agreement may be concluded in Czech language.
- 1.5. The Seller may change or amend the text of the business conditions. This provision does not affect the rights and obligations established during the validity of the previous business conditions.
2. User account
- 2.1. Based on the Buyer´s registration on the website, the Buyer may access his/her user interface where the Buyer may order goods (hereinafter referred to as the “user account”). In case the web interface does not enable it, the Buyer may also order goods without any registration directly from the web interface.
- 2.2. When registering on the website and ordering goods, the Buyer is obliged to provide his/her data correctly and accurately. The Buyer is obliged to update the data mentioned in the user account in case of any change. The data mentioned by the Buyer in the user account and when ordering the goods is considered as correct by the Seller.
- 2.3. The access to the user account is secured by a user name and password. The Buyer is obliged to keep confidentiality regarding the necessary information to access his/her user account.
- 2.4. The Buyer is not entitled to enable a third party to use his/her user account.
- 2.5. The Seller may cancel the user account, mainly if the Buyer doesn’t use it for more than 24 months or if the Buyer infringes his/her obligations arising from a purchase agreement (including business conditions).
- 2.6. The Buyer acknowledges that the user account may not be available continuously, mainly with regards to the necessary maintenance of the Seller´s hardware and software equipment and eventually for necessary maintenance of the third party´s hardware and software equipment.
3. Conclusion of a purchase agreement
- 3.1. Any presentation of goods in the web interface is of an informative nature and the Seller is not obliged to conclude a purchase agreement for such goods. The provision of Section 1732(2) of the Civil Code will not be applied.
- 3.2. The web interface contains information regarding goods, including the prices for particular goods. The prices for goods are mentioned including the value added tax (highlighted price in a blue field) and also excluding it (a less highlighted price in a grey font) and all the related fees. The prices for goods will remain valid for the period when they are displayed in the web interface. This provision does not limit the Seller´s possibility to conclude a purchase agreement under individually agreed conditions.
- 3.3. The web interface also contains information about costs related to the packaging and delivery of goods.
- 3.4. To order goods, the Buyer must fill in an order form in the web interface. The order form mainly contains data about:
- 3.4.1. ordered goods (the Buyer must put the ordered goods into an electronic basket on the web interface),
- 3.4.2. way of payment of the purchase price, data regarding the required delivery of ordered goods and
- 3.4.3. information about the costs related to the delivery of goods (hereinafter referred to as the “order”).
- 3.5. Before sending the order to the Seller, the Buyer is enabled to check and change the data entered in the order, also with regards to the possibility for the Buyer to find and change any mistakes incurred when entering data in the order. The Buyer should send the order by clicking on “Firm order”. The data included in the order is considered by the Seller as correct.
- 3.6. Sending the order is considered as such an action by the Buyer, which undoubtedly identifies the ordered goods, purchase price, Buyer, method of payment for the purchase price, and it is a binding draft purchase agreement for the Contracting parties. The condition for the order´s validity is to fill in all the obligatory data in the order form, to become acquainted with these business conditions on the website and the Buyer´s confirmation that he/she became acquainted with these business conditions.
- 3.7. The Seller will confirm acceptance of an order immediately after its receipt via email to the Buyer´s electronic address mentioned in the user interface or in the order (hereinafter referred to as the “Buyer´s electronic address”).
- 3.8. The Seller is always entitled to ask the Buyer for an additional order confirmation (e.g. in writing or by phone) depending on the nature of an order (quantity of goods, amount of the purchase price, assumed transport costs).
- 3.9. The draft purchase agreement in the form of an order is valid for fifteen days.
- 3.10. The contractual relationship between the Seller and Buyer is established by delivering the order acceptance which will be sent by the Seller to the Buyer´s electronic address.
- 3.11. In case any of the requirements listed in the order cannot be met by the Seller, the Seller will send the Buyer a changed offer with possible options of the order to the Buyer´s electronic address, and will ask for a statement from the Buyer.
- 3.12. The changed offer will be considered as a new draft purchase agreement and in such a case the purchase agreement will be concluded even after the Buyer´s acceptance via electronic mail.
- 3.13. The Buyer agrees with the use of remote communication means for the conclusion of a purchase agreement. The costs incurred to the Buyer when using remote communication means in connection with the conclusion of a purchase agreement (costs for internet connection, costs for phone calls) shall be paid by the Buyer where these costs do not differ from the basic rate.
4. Price of Goods and payment terms
- 4.1. The price of goods and possible costs related to the delivery of goods based on a purchase agreement may be paid by the Buyer to the Seller in the following way:
- in cash at the Seller´s business premises at the address Vodičkova 17, Prague 1, Czech Republic;
- cash on delivery at the place defined by the Buyer in the order;
- via a credit transfer to the Seller´s bank account no. 2600266557/2010, kept by Fio banka, a.s. for payments in Czech crowns (hereinafter referred to as the “Seller´s CZ account”);
- via a credit transfer to the Seller´s account No. 2900266559/2010, kept by Fio banka, a.s. for payments in Euros (hereinafter referred to as the „Seller´s EUR account“);
- via a credit transfer to the Seller´s account No. 2900266559/8330, kept by Fio Slovensko for payments in Euros from Slovakia (hereinafter referred to as the „Seller´s EUR SK account“);
- by means of GoPay and PayPal payment systems;
- with a payment card;
- via a credit provided by a third party.
- 4.2. The Buyer is obliged to pay the Seller the purchase price and also the costs related to the packaging and delivery of goods in the agreed amount. If not stipulated otherwise, the purchase price is thereinafter understood including the costs related to the delivery of goods.
- 4.3. The Seller does not require any advance payment or any other similar payment from the Buyer. This does not affect the provision of Article 4.6 hereof concerning the obligation to pay the purchase price in advance.
- 4.4. In case of a cash payment or cash on delivery, the purchase price is due when the goods are taken over. In case of a credit transfer, the purchase price is due within 14 days after the purchase agreement is concluded.
- 4.5. In case of a credit transfer, the Buyer is obliged to pay the purchase price together with a variable symbol of the payment. In case of a credit transfer, the Buyer´s obligation to pay the purchase price is met when the relevant amount is credited to the Seller´s account.
- 4.6. The Seller is entitled to ask for payment of the total purchase price before the goods are sent to the Buyer mainly if the Buyer does not confirm the order additionally (Article 3.8). The provision of Section 2119(1) of the Civil Code will not be applied.
- 4.7. Any possible discounts from the price of goods, provided by the Seller to the Buyer, may not be combined.
- 4.8. If it is common in the business contact or if it is stipulated by the applicable legislation, the Seller will issue a tax document – invoice – for payments made based on a purchase agreement. The Seller is a VAT payer. The Seller will issue a tax document – invoice – for the Buyer after the price of goods is paid, and send it in electronic form to the Buyer´s electronic address.
5. Withdrawal from the agreement
- 5.1. The Buyer acknowledges that pursuant to Section 1837 of the Civil Code, among others it is not possible to withdraw from the agreement:
- 5.1.1. on delivery of goods which price depends on fluctuations in the financial market regardless the Seller´s will, which may incur within the period for withdrawal,
- 5.1.2. on delivery of alcoholic drinks which may be supplied after thirty days and which price depends on fluctuations of the financial market regardless the Seller´s will,
- 5.1.3. on delivery of goods which were modified based on the Buyer´s wish or directly for the Buyer´s needs,
- 5.1.4. on delivery of perishable goods as well as goods which were mixed irretrievably with other goods after delivery,
- 5.1.5. on delivery of goods in closed packaging, which the Buyer took out of the packaging and it is not possible to return such goods for hygienic reasons,
- 5.1.6. on delivery of audio or video recordings or computer programs if the original packaging was disturbed,
- 5.1.7. on delivery of news, periodicals or magazines,
- 5.1.8. on delivery of digital material if it was not supplied on a material carrier and was supplied with the Buyer´s prior express consent before the end of a period for withdrawal, and if the Seller informed the Buyer before the conclusion of a purchase agreement that the Buyer is not entitled to withdraw from the agreement.
- 5.2. If it does not concern the case listed in Article 5.1 or another case where it is not possible to withdraw from the agreement, the Buyer is entitled to withdraw from the agreement in accordance with the provision of Section 1829(1) of the Civil Code within fourteen (14) days after the goods are taken over whereas if the subject of a purchase agreement is for several types of goods or the supply of several parts, this period begins on the day when the last delivery of goods is taken. Withdrawal from the agreement should be sent to the Seller within the period mentioned in the previous sentence.
- 5.3. The Buyer may use a sample form provided by the Seller for the withdrawal. The form is an annex hereto. The Buyer may send the withdrawal to the address of Seller´s business premises or registered office. The provision of Article 11 hereof shall be applied to the delivery of the withdrawal. The enterpriser shall confirm the acceptance of withdrawal to the consumer in writing without undue delay.
- 5.4. In case of the withdrawal pursuant to Article 5.2 hereof, the purchase agreement shall be cancelled ex tunc. The goods shall be returned to the Seller within fourteen (14) days after the withdrawal. If the Buyer withdraws from the agreement, he/she will bear all the costs related to returning the goods to the Seller, even in a case where the goods cannot be returned in a standard postal way due to their nature.
- 5.5. In the case of the withdrawal pursuant to Article 5.2 hereof, the Seller shall refund the Buyer the monetary means received from the Buyer within fourteen (14) days after the withdrawal, in the same way which the Seller received them from the Buyer. The Seller is also entitled to refund the settlement already provided by the Buyer at the moment when the goods are returned by the Buyer or in another way if the Buyer agrees with it and if no other costs are incurred by the Buyer. If the Buyer withdraws from the purchase agreement, the Seller is not obliged to refund the monetary means to the Buyer before the Buyer returns the goods or demonstrates that the goods were sent to the Seller.
- 5.6. The Seller is entitled to unilaterally set off the claim on compensation for any loss incurred on goods against the Buyer´s claim on the refund of a purchase price.
- 5.7. Until the goods are taken over by the Buyer, the Seller is entitled to withdraw from the purchase agreement at any time. In such a case the Seller shall refund the Buyer the purchase price without undue delay, via a credit transfer to the account determined by the Buyer.
- 5.8. If the Buyer is also provided with a gift, the deed of covenant between the Seller and Buyer is concluded with a subsequent condition that the deed of covenant concerning such a gift will expire if the Buyer withdraws from the purchase agreement, and the Buyer will also be obliged to return the provided gift to the Seller.
6. Transport and delivery of goods
- 6.1. If the transport is agreed based on the Buyer´s special requirement, the Buyer will bear the risk and possible additional costs related to such transport.
- 6.2. If the Seller is obliged to deliver goods pursuant to the purchase agreement to a place defined by the Buyer in the order, the Buyer is obliged to take over the goods when they are delivered.
- 6.3. If it is necessary to deliver goods repeatedly or in a way other than those mentioned in the order by any reasons on the Buyer´s side, the Buyer will be obliged to pay the costs related to the repeated delivery of goods, respectively the costs related to another way of delivery.
- 6.4. When the goods are taken over from a forwarder, the Buyer is obliged to check the integrity of goods´ packaging and in case of any defects to announce it immediately to the forwarder. If the packaging shows any signs of unauthorised intrusion in the consignment, the Buyer is not obliged to take over the consignment from the forwarder.
7. Rights from defective performance
- 7.1. The rights and obligations of the Contracting parties concerning the rights from defective performance are governed by the appropriate applicable legislation (mainly by the provisions of Section 1914 up to 1925, Section 2099 up to 2117 and Section 2161 up to 2174, Civil Code).
- 7.2. The Seller is responsible towards the Buyer for the fact that the goods do not have any defects when being taken over. The Seller is mainly responsible for the fact that the goods:
- 7.2.1. have the parameters which were agreed by the Contracting parties and if such an agreement is missing, the goods shall have those parameters which the Seller or producer described or which the Buyer expected with regards to the nature of good and based on the Seller´s or producer´s advertisement,
- 7.2.2. are suitable for the purpose which the Seller declares or which such goods are usually used for,
- 7.2.3. have the quality or design according to the agreed sample or template if the quality or design was defined according to the agreed sample or template,
- 7.2.4. are of the corresponding quantity, have the corresponding dimensions or weight, and
- 7.2.5. meet the requirements of the legislation,when being taken over by the Buyer.
- 7.3. The provisions listed in Article 7.2 hereof shall not be applied to goods sold for a lower price in case of a defect due to which the lower price was agreed, to wear and tear caused by ordinary use, to a defect which corresponds to the level of use or wear and tear in case of used goods and which the goods already had when being taken over, or if it arises from the nature of goods.
- 7.4. If the defect shows itself within six months after receipt, it is deemed that the goods were defective when received.
- 7.5. The Buyer shall apply the rights from defective performance at the Seller´s address of establishment where the claim acceptance is possible with regards to the assortment of sold goods, eventually in the Seller´s registered office or business premises. The moment when the Seller receives the claimed goods from the Buyer shall be considered as the moment of the lodged claim.
- 7.6. Other rights and obligations of the Contracting parties related to the Seller´s liability for defects may be regulated by the Seller´s complaints procedure.
8. Other rights and obligations of the contracting parties
- 8.1. The Buyer acquires ownership of the goods by payment of the total purchase price.
- 8.2. The Seller is not bound by any codes of conduct in terms of the provision of Section 1826(1)e) of the Civil Code, as regards the relationship with the Buyer.
- 8.3. The Czech Trade Inspection Authority, registered office: Štěpánská 567/15, 120 00 Prague 2, Business Identification No.: 000 20 869, website: http://www.coi.cz/, is competent to settle any extrajudicial consumer disputes arising from the purchase agreement.
- 8.4. The Seller is entitled to sell goods based on a trade licence. The trade inspection is executed by the appropriate Trades Licencing Office in terms of its competence. The supervision on the personal data protection is executed by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises also the observance of the Act No. 634/1992 Coll., on Consumer Protection, subsequently amended, within the limited scope.
- 8.5. Herewith the Buyer assumes the risk of a change of circumstances in terms of Section 1765(2) of the Civil Code.
9. Personal data protection
- 9.1. The personal data protection of the Buyer who is a natural person is provided by Act No. 101/2000 Coll., on the Protection of Personal Data, subsequently amended.
- 9.2. The Buyer agrees with processing of the following personal data: name and surname, address, Business Identification No., Tax Identification No., email address, phone number and address of business premises (hereinafter collectively referred to as “personal data”).
- 9.3. The Buyer agrees with the processing of personal data by the Seller for purpose of the realisation of rights and obligations arising from the purchase agreement and for purpose of keeping the user account. If the Buyer does not choose another option, the Buyer also agrees with the processing of personal data by the Seller for purpose of sending information and business messages to the Buyer. The consent with the processing of personal data within the full extent pursuant to this Article is not any condition which would disable the conclusion of a purchase agreement.
- 9.4. The Buyer acknowledges the obligation to mention correct and accurate personal data (in case of registration, in his/her user account, in the order placed from the web interface) and the obligation to inform the Seller with regards to any change in the personal data without undue delay.
- 9.5. The Seller may authorise a third party, as a processer, with processing the Buyer´s personal data. Except for persons transporting goods, personal data must not be provided to any third party without the Buyer´s prior consent.
- 9.6. The personal data will be processed for an indefinite period. The personal data will be processed in an electronic form and automated way or in a printed form and unautomated way.
- 9.7. The Buyer confirms that the provided personal data is accurate and that he/she was instructed with regard to the fact that it is a voluntary provision of personal data.
- 9.8. In case the Buyer assumes that the Seller or processer (Article 9.5) processes personal data in conflict with the protection of the Buyer´s private and personal life or in conflict with the law, mainly if the personal data is inaccurate with regards to the purpose of its processing, the Buyer may:
- 9.8.1. ask the Seller or processer for an explanation,
- 9.8.2. ask the Seller or processer to remove the incurred situation.
- 9.9. If the Buyer asks for the information about processing of his/her personal data, the Seller is obliged to provide the Buyer with this information. The Seller has a right to ask for a reasonable payment for the provision of information pursuant to the previous sentence, not exceeding the costs necessary for the provision of such information.
10. Sending business messages and saving cookies
- 10.1. The Buyer agrees with sending information related to the Seller´s goods, services or company to the Buyer´s electronic address, and also agrees with sending business messages to the Buyer´s electronic address.
- 10.2. The Buyer agrees with saving so-called cookies in his/her computer. In case it is possible to buy goods on the website and meet the Seller´s obligations arising from the purchase agreement without saving so-called cookies in the computer, the Buyer may revoke the consent according to the previous sentence anytime.
- 11.1. Notifications concerning relations between the Seller and Buyer, mainly with regards to the withdrawal from a purchase agreement, must be delivered as a registered letter by certified mail if the purchase agreement does not stipulate otherwise. Notifications must be delivered to the appropriate contact address of the other Contracting party and will be considered as delivered and effective at the moment of their delivery by mail, except for notifications on the Buyer´s withdrawal from a purchase agreement. In such a case the withdrawal is effective if it is sent within the period for withdrawal.
- 11.2. The notification whereby receipt was refused by the addressee, which was not collected within the storage period, or which returned as undeliverable, shall be considered as delivered.
- 11.3. The Contracting parties may deliver the ordinary correspondence via email to the email address mentioned in the Buyer´s user account or in the order, respectively to the address mentioned on the Seller´s website.
12. Final provisions
- 12.1. If the relationship established by a purchase agreement contains some international (foreign) element, the Contracting parties agree that the relationship shall be governed by Czech law. This does not affect the consumer´s rights arising from the applicable legislation.
- 12.2. If any provision hereof is or becomes invalid or ineffective, it shall be substituted by a provision whereby the meaning is most similar to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the remaining provisions. Any changes and amendments to a purchase agreement or hereto shall be in writing.
- 12.3. The purchase agreement including business conditions shall be filed by the Seller in an electronic form and shall not be accessible.
- 12.4. The sample form for withdrawal from a purchase agreement is an annex hereto.
- 12.5. The Seller´s contact data: delivery address: Euro Tattoo Supply a.s., Kolbenova 997/5G, 190 00 Praha 9, e-mail address firstname.lastname@example.org, phone number 00420 775 64 44 77.