General Terms and Conditions

I. Basic provisions

  1. These business conditions regulate the relations between the buyer and the seller in the area of sales of goods between the company Charitativní losy Plc (hereinafter referred to as "Seller") and its customers (hereinafter referred to as Buyer“).Seller") And its customers (hereinafter referred to asBuyer“).
  2. The Seller is the company Charitativní losy Plc, with its registered office at Chaberská 38, Přemyšlení, 250 66 Zdiby, which is a registered business entity with ID number 09802452 and a registered VAT payer with VAT number CZ09802452, dealing with the sale of project and marketing services and related goods. Contact details for the Seller are:
    • e-mail: info@fundartovka.cz,
    • phone number: +420 721 721 181.
  3. Buyer means any person who, outside the scope of his business activities or outside the scope of independent performance of his profession, enters into a contract with the Seller or otherwise deals with him for the purpose of purchasing goods offered by the Seller.
  4. At the beginning of the legal proceedings, the Buyer passes on to the Seller only his contact details necessary for the successful fulfilment of the order, or the data that he wishes to have stated on the purchase documents.
  5. Legal relations between the Seller and the Buyer not expressly regulated by these terms and conditions are governed by the relevant provisions of Act no. No. 89/2012 Coll., (Civil Code), Act. No. 634/1992 Coll. on consumer protection as well as related legislation.
  6. The Buyer is aware that by purchasing products that are in the Seller's business offer, no rights arise to use the registered trademarks, trade names, company logos or patents of the Seller or other companies, unless otherwise agreed in a specific case by a special contract.

II. Safety and information protection

  1. By concluding the contract, the Buyer confirms that the personal data he has provided are true and agrees that the data provided by the Seller will be processed and stored in accordance with the Personal Data Protection Act and the General Regulation on Personal Data Protection (GDPR).
  2. The Seller declares that all personal data of the Buyer will be used only to perform the contract and will not be otherwise disclosed or provided to a third party; with the exception of the situation related to the distribution or payment system related to the ordered goods (communication of the name and address of delivery).
  3. You can read more about the protection of personal data in the document entitled How we protect your personal data (GDPR), which is available on the Seller's website.

III. Ordering

  1. The Seller does not have a physical shop, where the Buyer can personally inspect and pick up the goods. For the purpose of offering goods, an online store is used, which is operated at the web address fundartovka.cz, which is available 24 hours a day, 7 days a week.
  2. The Buyer buys the goods from the Seller at the price valid at the time of ordering. The purchase price is always stated for a specific product in the online store.
  3. The cost of postage and packaging is borne by the buyer according to the method he chooses when ordering the goods. These costs are governed by the prices listed in Article X of these Terms and Conditions.

IV. Closing contracts

  1. The purchase contract is concluded on the basis of the Seller's acceptance of the Seller's offer by ordering the goods, which are listed on the Seller's website.
  2. After completing the order, the Buyer will be sent an order confirmation (fulfilment of the purchase contract) electronically. The Buyer's order remains with the Seller.
  3. Errors made when entering data before placing an order can only be corrected by the Buyer until the order is sent. After sending the order to the Seller, the Buyer can inform the Seller about these errors through his contact details. These changes are legally binding for the Seller only if they confirm to the Buyer in writing that he understands them.

V. Withdrawal from the contract

  1. In the event that the Buyer receives the goods in a way other than in person, i.e. when the ordered goods were delivered to him by the delivery service, the period for withdrawal from the contract is 14 days from delivery.
  2. If the Buyer fulfils all the requirements for withdrawal from the consumer contract concluded in a distance manner and if he decides to withdraw within the above period, the following conditions must be met:

 

    • Send a letter (preferably by e-mail to info@fundartovka.cz,) with the text: "Me". (name of the Buyer) I concluded contract no. (order / invoice number) with Charitativní losy Pls on DD.MM.YYYY in connection with the provisions of Act no. No. 89/2012 Coll. on consumer contracts concluded by distance, I hereby unilaterally withdraw from the above contract, request a refund of the amount paid for the goods to account number: ………………… / ……… and declare that I meet all legal requirements for this withdrawal from the contract under the relevant legislation".
    • In the case of a written copy of the letter, the Buyer is obliged to provide the letter with the appropriate date and handwritten signature.
    • Goods sent and delivered back to the Seller's address must be undamaged, without obvious signs of use, complete (including accessories, instructions, etc.) and with a copy of the proof of purchase. In the event of non-compliance with any of the above requirements, the Seller has the right to refuse the returned goods or to reduce proportionally the amount for which the goods will be taken back.
    • The possibility to withdraw from the contract does not apply to goods that cannot be returned to their original condition before purchase.

VI. Defective performance rights

  1. The Seller is responsible to the Buyer for the fact that the goods upon receipt have no defects other than the corresponding degree of use or wear, which the goods have due to their age and that at the time when the buyer received over the goods:
    • the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or which the Buyer expected with regard to the nature of the goods;
    • the goods are suitable for the purpose stated by the Seller for their use or for which goods of this type are usually used;
    • the goods are in the appropriate quantity, measure or quality;
    • the goods comply with the requirements of legal regulations.
  2. The right of defective performance does not belong to the Buyer, if the buyer knew before accepting an item that the item has a defect, or if the buyer caused the defect himself during accepting it.
  3. The Buyer's right from defective performance is based on the defect that the goods have when accepted by the Buyer
  4. If the defective performance is a material breach of contract, i.e., such as breach which if the Buyer knew before the purchase, he would not have made the purchase, the Buyer has the right:
    • to eliminate the defect by delivering the missing item;
    • at a reasonable discount from the purchase price;
    • to withdraw from the contract.
  5. If the defect is remediable, the Buyer may demand either the repair or addition of what is missing, or a reasonable discount on the purchase price. If the defect cannot be eliminated and the goods cannot be used properly for its damage, the Buyer may either withdraw from the contract or demand a reasonable discount from the purchase price.
  6. If the defective performance is an insignificant breach of contract, the Buyer has the right to eliminate the defect or to a reasonable discount on the purchase price.
  7. The Buyer shall inform the Seller which right he has chosen when notifying the Seller about the defect or without undue delay after noticing the defect. The Buyer cannot change their choice made without the consent of the Seller. If the Buyer does not report the defect without undue delay after the defect in the goods has occurred, he loses his right to a material breach of contract and can continue to exercise only the rights arising from the defect, which is a minor breach of contract.
  8. The Buyer exercises the rights arising from defective performance with the Seller via electronic communication to the address info@fundartovka.cz.

VII. Complaint goods

  1. In the event of a complaint during the warranty period, the Buyer may inform the Seller in one of the following ways:
    • to the e-mail address info@fundartovka.cz,
    • by phone at +420 775 717 717.
  2. Complaints, including defects, will be settled without undue delay, no later than 30 days from the date of the complaint.
  3. The warranty period begins on the day of receipt of the goods by the Buyer. The warranty period is 24 months.
  4. The Buyer will receive the sales document by e-mail. By accepting the goods, the customer confirms his agreement with the warranty and business conditions. If the goods are not personally collected, the acceptance of the goods means the moment when the goods are received from the carrier.
  5. The right to claim the warranty does not apply to damage caused by:
    • mechanical damage to the goods,
    • by using the goods in conditions which are incompatible with the nature of the product and may therefore cause damage to them,
    • improper handling, servicing, or neglect of care of goods,
    • normal wear and tear of the goods.
  6. The Czech Trade Inspection Authority, Company Identification Number: 000 20 869, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: coi.cz, is entitled to resolve out-of-court settlement of consumer disputes arising from the purchase contract.
  7. In the event that the dispute is not settled out of court, the mutual courts between the Seller and the Buyer shall be resolved by the general courts of the Czech Republic. The applicable law for resolving disputes in the case of concluding a contract with a foreigner is exclusively Czech.

VIII. Product information

  1. Information about the goods offered in the Seller's online store is for illustrative purposes only and may differ in details from the delivered goods.
  2. In the online store there are always current and valid prices of the offered goods, including VAT. The price of the goods does not include postage and packing.

IX. Payment conditions

  1. The ordered goods can be paid by transfer to the Seller's account 123-3197770247 / 0100 after completing the order.
  2. The goods remain the property of the Seller until full payment is received.
  3. The buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. The buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
  4. The purchase price is payable within 5 working days of making the order. After this period, the order will be cancelled.

X. Delivery conditions

  1. Sending by delivery service: The ordered goods will be sent by the selected delivery service. The price of delivery is governed by the price list of the selected carrier valid on the day of the order.
  2. The buyer is obliged to take over the delivery of goods, with the exception specified in Article X. paragraph 4 of these terms and conditions. If the buyer does not take over the goods upon delivery, the Seller is entitled to withdraw from the purchase contract.
  3. If, due to a reason on the part of the Buyer, it is necessary to deliver the goods repeatedly or in another way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of goods, as well as costs associated with other methods of delivery.
  4. When accepting the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and report any defects to the carrier. Any subsequent claims regarding breach of the package will not be taken into account. The Buyer is not obliged to take over the goods from the carrier with obviously damaged packaging.
  5. Other rights and obligations in the transport of goods may be regulated in the relevant delivery conditions of the carrier.

XII. Final provision

  1. These business conditions form an integral part of every contract concluded between the Seller and the Buyer with effect from 1.1.2021.
  2. Current business conditions are available on the Seller's website.
  3. The seller reserves the right to change these terms and conditions without prior notice.
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