Terms of service
KORKIE, Ltd. with registered office at Tovární 4, 798 21, Bedihošť, Czech Republic
identification number: 088 49 625
incorporated in the Commercial Register held at the Regional Court in Brno, Section C, Insert 115816,
for the sale of goods through an online store located at www.korkie.cz
These Terms and Conditions (hereinafter referred to as "Terms and Conditions" of the business company KORKIE, Ltd. with its registered office at Tovární 4, 798 21, Bedihošť, Czech Republic, identification number: 088 49 625, incorporated in the Commercial Register held at the Regional Court in Brno, Insert C 115816 (hereinafter referred to as the “Seller”) in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”) adjust the mutual rights and obligations of contracting parties arising out of or in connection with the purchase contract (hereinafter referred to as the “Purchase Contract”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) via the Seller’s e-shop. The e-shop is operated by the Seller on a website located at tdlamps.cz/com (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web interface”).
The Terms and Conditions do not apply to cases where the person who intends to purchase goods from the Seller is a legal entity or a person who acts as part of their business activities or as part of their independent profession.
Provisions derogating from the Terms and Conditions may be negotiated in the Purchase Contract. Distinctive arrangements in the Purchase Contract take precedence over the provisions of the Terms and Conditions.
The Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are prepared in the Czech language. The Purchase Contract can be concluded in the Czech language.
The Seller may change or complete the wording of the Terms and Conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous wording of the Terms and Conditions.
Based on the Buyer’s account registration made on the Website, the Buyer can access its user interface. From its user interface, the Buyer can order goods (hereinafter referred to as “User account”). If the Web interface of the store allows it, the Buyer can also order goods without registering directly from the Web interface of the store.
When registering on the website and when ordering goods, the Buyer is obliged to state all data correctly and truthfully. The Buyer is obliged to update the data specified in the User account in the event of any change. The data provided by the Buyer in the User account and in the process of ordering goods are considered correct by the Seller.
Access to the User account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his User account.
The Buyer is not entitled to allow the use of the User account to third parties.
The Seller may cancel the User account, especially if the Buyer does not use their User account for longer than 2 years or if the Buyer violates its obligations under the Purchase contract (including Terms and Conditions).
The Buyer acknowledges that the User account may not be available at all times, especially due to the necessary maintenance of Seller's hardware and software equipment or necessary maintenance of third-party hardware and software.
CONCLUSION OF THE PURCHASE CONTRACT
All presentations of the goods located at the Web interface are informative and the Seller is not obliged to conclude the Purchase Contract for these goods. Provisions of Sec. 1732 (2) of the Civil Code do not apply.
The Web interface contains information about the goods, including prices for the individual goods and the costs of returning the goods if these goods, due to their nature, cannot be returned through normal postal manners. Prices of the goods are indicated including value added tax and all related fees. Prices of the goods remain valid for as long as they are displayed at the Web interface. This provision does not limit the Seller’s option to conclude the Purchase Contract funder individually negotiated terms.
The Web interface also includes information on the costs of packaging and delivering the goods. Information on the costs associated with the packaging and delivery of the goods listed at the Web Interface is valid only in cases when the goods are delivered within the territory of the Czech Republic.
To order the goods, the Buyer must complete the order form at the Web Interface. The order form especially includes information on:
the ordered goods (the ordered goods are "inserted" by the Buyer into the virtual shopping cart of the Web interface),
the method of paying the purchase price for the goods, information on the required method of delivery of the ordered goods and
information on the costs related to the delivery of goods (hereinafter collectively referred to as the “Order”).
Before sending the Order to the Seller, the Buyer is allowed to check and modify the data entered by the Buyer in the Order, also with regard to the Buyer’s ability to identify and correct the errors that occurred when entering the data into the Order. The Order is sent by the Buyer to the Seller by clicking the “Order” button. The data listed in the Order are deemed correct by the Seller. Upon receipt of the Order, the Seller will immediately acknowledge receipt of the Order to the Buyer by e-mail, to the Buyer’s e-mail address listed in the User account or in the Order (hereinafter referred to as the “Buyer’s Electronic Address”).
Depending on the nature of the Order (quantity of goods, purchase price, estimated transport costs), the Seller is always entitled to ask the Buyer for additional confirmation of the Order (in writing or by phone, for example).
The contractual relationship between the Seller and the Buyer arises from the delivery of the Order (acceptance), which is sent to the Buyer by e-mail to the Buyer’s Electronic Address.
When concluding the Purchase Contract, the Buyer agrees to use remote means of communication. Costs incurred to 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/herself, whereas these costs do not differ from the basic rate.
PRICE OF THE GOODS AND PAYMENT TERMS
The Buyer may pay the Seller the price for the goods and the costs relating to the delivery of the goods in the following manners:
cash on delivery in the place specified by the Buyer in the Order;
cashless transfer to the Seller's account No. 2301751050/2010, kept with the company Fio banka, a. s. (hereinafter referred to as the "Seller's account");
cashless transfer via the payment system;
cashless payment card;
Along with the purchase price, the Buyer is also required to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless otherwise specified, the costs associated with the delivery of the goods are also further understood as the purchase price.
The Seller does not ask the Buyer for a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms of Business regarding the obligation to pay the purchase price of the goods in advance.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a non-cash payment, the purchase price is payable within 7 days of the Purchase contract being concluded.
In the case of non-cash payment, the Buyer is required to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the Buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Seller's account.
The Seller is entitled, in particular in the event that the Buyer does not receive an additional confirmation of the order (Article 3.6), to require payment of the entire purchase price before the goods are dispatched to the Buyer. Article 2119 (1) of the Civil Code does not apply.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase contract. Seller is / is not a taxpayer of value added tax. Tax document - The invoice is issued by the Seller to the Buyer after paying the price of the goods and sends it in electronic form to the email address of the Buyer.
According to the Sales Registration Act, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to register the received revenue with the tax administration online; within 48 hours at the latest in the event of a technical failure.
WITHDRAWAL FROM THE PURCHASE CONTRACT
The Buyer notes that, according to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from the Purchase contract for the supply of goods which has been modified according to the Buyer's or their person's wish, from the Purchase contract for the delivery of goods subject to rapid perishable goods which after the delivery has been irreversibly mixed with other goods, from the Purchase contract for the supply of goods in sealed packaging which the consumer has exempted from the packaging that cannot be returned for hygienic reasons, and from the Purchase contract for the supply of an audio or video recording or a computer program if the original packaging was broken.
In the case of the case referred to in Article 5.1 or in another case where the Purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the Purchase contract in accordance with Section 1829 (1) of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of the Purchase contract, this period runs from the date of the last delivery of the goods. The withdrawal from the sales contract must be sent to the Seller within the time limit specified in the previous sentence. In order to withdraw from the Purchase contract, the Buyer may use the model form provided by the Seller, which forms an annex to the business terms and conditions. Withdrawal from the sales contract may be made by the Buyer, inter alia, to the Seller's email address firstname.lastname@example.org.
In the case of withdrawal from the Purchase contract according to Art. 5.2 of the Business Terms, the Purchase contract is canceled from the beginning. The goods must be returned to the Seller within 14 (fourteen) days of withdrawal from the contract to the Seller. If the Buyer withdraws from the Purchase contract, the Buyer bears the costs associated with the return of the goods to the Seller, even if the goods cannot be returned through their normal postal manners.
In the event of withdrawal under Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of withdrawal from the Purchase contract in the same manner as the Seller has accepted from the Buyer. The Buyer is not entitled to reimbursement of costs paid to the Seller in connection with the delivery of goods by the carrier back. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods to the Buyer or otherwise, provided that the Buyer agrees to do so without incurring additional costs to the Buyer. If the Buyer withdraws from the Purchase contract, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or shows that the goods have been dispatched to the Seller.
The Seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the Buyer's claim for a refund of the purchase price.
In cases where the Buyer has the right to withdraw from the sales contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase contract at any time until the Buyer has received the goods. In such a case, the Seller shall return the purchase price to the Buyer without undue delay via a cashless transfer to the account specified by the Buyer.
If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with the condition that the Buyer withdraws from the Purchase contract, the gift agreement is lost and the Buyer is obliged to return the goods together with the Seller provided gift.
TRANSPORT AND DELIVERY OF GOODS
If the mode of transport is agreed upon by a Buyer's special request, the Buyer bears the risk and any additional costs associated with this mode of transport.
If the Seller is obliged to deliver the goods in the place specified by the Buyer in the order, according to the Purchase contract, the Buyer is obliged to take over the goods upon delivery.
If, for reasons of Buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with a different delivery method.
Upon receipt of the goods from the transporter, the Buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. This does not affect Buyer’s rights resulting from the Seller’s liability for defects of the goods and other rights of the Buyer arising from generally binding legal regulations.
Other rights and obligations of the parties in the transport of goods may be governed by the special delivery conditions of the Seller, if issued by the Seller.
RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the parties regarding defective performance are governed by applicable 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 Consumer Protection Act 634/1992 Coll. as amended).
The Seller is responsible to the Buyer for the goods to be free from defects. In particular, the Seller replies to the Buyer that at the time the Buyer took over the goods:
the goods have characteristics that the parties have negotiated and, in the absence of an arrangement, possess such characteristics as the Seller or the manufacturer has described or which the Buyer expects with regard to the nature of the goods and their advertising,
the goods are fit for the purpose which the Seller indicates or to which goods of this type are normally used,
the goods correspond to the quality or performance of the agreed sample or original if the quality or design has been determined on the basis of the agreed sample or model
the goods are in the appropriate quantity, degree or weight and
the goods comply with legal requirements.
If there is a defect within six months of the takeover, the goods are deemed to have been defective already at takeover.
The Seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The Buyer is otherwise entitled to exercise the right to a defect that occurs in the consumer goods within twenty-four months of receipt. If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain their usual properties. If the Buyer has rightly criticized the Seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the Buyer cannot use the defective goods.
The provisions of Article 8.4 of the OP shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear caused by its normal use, to used goods for a defect corresponding to the degree of use or wear the Buyer, or if it follows from the nature of the goods. The right of defective performance does not belong to the Buyer, if the Buyer knew before taking over the goods that the goods have a defect, or if the Buyer caused the defect themselves.
The rights resulting from the liability for defects of the goods apply to the Seller. However, if the certificate issued to the Seller regarding the scope of the rights of liability for defects (within the meaning of Section 2166 of the Civil Code) indicates another person designated to carry out the repair, who is in the place of the Seller or a place closer to the Buyer, the Buyer shall exercise the right to repair with the person designated to repair. Except in cases where another person is designated to repair pursuant to the preceding sentence, the Seller shall be obliged to accept the claim at any establishment where the acceptance of the claim is possible with regard to the range of products sold or services provided, or, where applicable, at the registered office or place of business. The Seller is obliged to issue the Buyer with written confirmation of when and how the Buyer exercised the right, what is the content of the complaint, and what method of handling the complaint the Buyer requires; as well as a confirmation of the date and method of handling the complaint, including confirmation of the repair and the duration of the repair, or a written justification of the rejection of the complaint. This obligation also applies to other persons designated by the Seller to repair.
The Buyer can specifically claim the rights from liability for defects of the goods by phone at 776 858 250 or by e-mail at email@example.com.
The Buyer shall inform the Seller of the right chosen when notifying the defect or without undue delay after notification of the defect. The Buyer may not change the choice made without the Seller's consent; this does not apply if the Buyer has requested the repair of a defect that proves to be irreparable.
If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the Buyer may require delivery of new goods without defects, if this is not disproportionate due to the nature of the defect, but if the defect concerns only part of the goods, the Buyer may only request replacement of the part; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the Buyer has the right to free removal of the defect. The Buyer has the right to deliver new goods or replace parts even in the case of a remediable defect, if he cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the Buyer also has the right to withdraw from the contract. If the Buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, he may request a reasonable discount. The Buyer has the right to a reasonable discount even if the Seller cannot deliver new goods without defects, replace its part or repair the goods, as well as if the Seller does not arrange a remedy within a reasonable time or if arranging a remedy would cause significant difficulties for the Buyer.
Anyone who has a right under Section 1923 of the Civil Code is also entitled to compensation for the costs reasonably incurred in exercising such right.However, if the right to compensation is not exercised within one (1) month after the expiry of the period within which the defect must be brought to the Seller's attention, the court shall not grant the right if the Seller argues that the right to compensation was not exercised in time.
Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Return policy.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The Buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct in the sense of Sec. 1826 (1) e) of the Civil Code.
The Seller handles out-of-court consumer complaints via the electronic address firstname.lastname@example.org. Information on handling the Buyer’ complaint will be sent to the Buyer’s Electronic Address.
The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs is the contact point responsible for the out-of-court settlement of consumer disputes under the Contract. The online platform available at: http://ec.europa.eu/consumers/odr can also be used to resolve consumer disputes under the Contract between the Buyer and the Seller.
The European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a 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 Resolving Consumer Disputes Online).
Seller is entitled to sell the goods based on trade certificate. The trade license inspection is performed by the relevant trade licensing office within its competence. Data Protection Authority supervises the area of personal data protection. The Czech Trade Inspection Authority supervises, to a limited extent, compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
PROTECTION OF PERSONAL DATA
Its obligation to provide information to the Buyer within the meaning of Article 13 of Regulation 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the Buyer's personal data for the purposes of fulfilling the Purchase contract, for the purposes of negotiating the Purchase contract and for the purposes of fulfilling the public law obligations of the Seller.
SENDING BUSINESS MESSAGES AND STORING COOKIES
The Buyer agrees, in accordance with the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, to send commercial communications by the Seller to an electronic address or to the Buyer's phone number. The Seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications by means of a special document.
The Buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the Seller's obligations under the Purchase contract without storing so-called cookies on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
The Buyer's electronic adress may be used for delivery.
If a relationship based on a sales contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. Such a choice of law as in the previous sentence does not deprive the Buyer of the protection afforded to him by the provisions of the law which cannot be contractually derogated from and which would otherwise apply in the absence of a choice of law under Article 6 para. 1 of the Regulation 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
If any provision of the Commercial Terms is or becomes invalid or ineffective, such provisions will be replaced with provisions whose meaning will be as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions.
The Purchase contract, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
A sample form for the withdrawal from the Purchase contract is annexed to these Terms and conditions.
Seller's contact details: delivery address Tovární 4, 798 21 Bedihošť, e-mail address email@example.com, telephone 776 858 250.
In Bedihošť, 1 February 2020Questions about the Terms and Conditions should be sent to the address firstname.lastname@example.org.