Terms and Conditions
Terms and Conditions
1. GENERAL PROVISIONS
These Terms and Conditions of Ms. Janja Prokić, with the registered seat 12000 Praha 2, Na Švihance 9, ID: 04363850 doing business under the Trade Licensing Act,, govern the mutual rights and obligations of the Seller and the Buyer that originate based on or in the connection with a sales agreement made between them using the online shop of the Seller. These relations are especially governed by the Act No. 89/2012 Sb., the Civil code, as amended and the Act No. 634/1992 Sb., on the Protection of the Consumer, as amended.
2.1 THE SELLER. The Seller is the person who upon conclusion and fulfilment of the agreement acts within the scope of his business and entrepreneurial activity, and who supplies the goods to the Buyer.
2.3 THE BUYER. The Buyer is a person who orders goods from the Seller and concludes a Sales agreement with the Seller through the Seller's e-shop.
2.3 THE CONSUMER. The Consumer is the Buyer who purchases the goods or uses the services and who, at the same time, is not acting within the scope of entrepreneurial activity or within the scope of an independent employment.
3.1 The Buyer can order the goods in the online store using the order form on the website https://www.janjaprokic.com. By making an order, the Buyer confirms that he has acquainted himself with these Terms and Conditions, and is aware that the relations between the Seller and the Buyer are governed by these Terms and Conditions that are binding for the parties and he agrees with them.
3.2 The Buyer is required to state the true information required by the Seller, so that the Sales Agreement can be duly concluded.
4. SALES AGREEMENT
4.1 Displaying goods in our e-shop is considered invitation for offers from the Buyers and the order of goods is considered a proposal to conclude a Sales agreement. Therefore, the Seller is not bound by displaying goods on the website and the Sales agreement is concluded by accepting and confirming the Buyer's order by the Seller. In this respect, the application of Section 1732 (2) of the Czech Civil Code is for the purpose of regulating relations between Seller and Buyer excluded in accordance with the law .
4.3 The wording of the Sales agreement together with the Terms and Conditions is sent by the Seller to the Buyer along with the ordered goods or by e-mail to the address of the Buyer. The agreement may be concluded in the Czech or English lanuage and the text of the Sales agreement is available HERE.
5. PRICES, DELIVERY OF GOODS AND PAYMENTS
5.1 The stated prices of the goods and postage are final prices that include the value added tax (VAT) effective at the time. The price of the goods in the online shop and business premises/studio of the Seller or on the exhibition may vary. In the case of stock depletion, the Buyer will be immediately notified and will have the opportunity to inform the Seller whether he requests the delivery of substitutional goods or cancellation of the order.
5.2 The price of the shipping charges is stated on the website and it is fixed for the concrete country/state. If the Buyer requests a special delivery and if the Seller complies with it, the Seller may charge a special cost for such delivery. Shipping options are also set in the online store when orders are made.
5.3 Ordered goods are always sent after payment. The Seller informs the Buyer that the goods offered by the Seller are exclusive, handmade from precious metals and valuable natural materials, and are therefore produced in limited quantities. If the goods are not in stock, the Seller will inform the buyer about this and the delivery time may be several weeks or it will not be possible to process the order. Otherwise, the Seller sends the goods to the Buyer without undue delay after confirming the order and payment. The Seller also informs the Buyer that due to the fact that the goods are hand made and that each individual piece is therefore an original, the ordered product may differ a little from the photograph on the e-shop.
5.4 The goods can be paid in the currency and in the ways specified in the e-shop. The Seller may require the Buyer to pay a fee not exceeding the direct costs incurred in connection with the payment method used by the Buyer.
6. LIABILITY FOR DEFECTS AND RETURNS
6.1 The Seller is liable to the Buyer that the purchased thing does not have any defects upon the handover and that at the time that the Buyer took over the thing (a) the thing had the properties that the parties have agreed upon and if an agreement is missing then such properties that the Seller or the Producer have described or that the Buyer expected with respect to the character of the goods and based on the advertisement executed by them, (b) the thing was fit for the purpose that the Seller was indicating or for the purpose that the thing of this kind is usually used, (c) the thing corresponded by its quality or design to the agreed upon sample or model, if the quality or the design has been determined according to the agreed upon sample or model, (d) the thing was in the corresponding amount, extent or weight and (e) that the thing complied with the requirements of legal regulations and if a defect showed in the course of six (6) months since the takeover, it is deemed to have been faulty already on the handover.
6.2 If there is no certificate of warranty was supplied for the goods, the tax (cash) certificate serves to assert a warranty claim. To assert a warranty claim, the warranty protocol located HERE is used.
6.3 The risk of damage to the goods passes through delivery / acceptance of the goods. The Buyer is not obliged to take over the goods in case of obvious damage to the goods or its packaging, however the Buyer must record the detected damage or place it on the carrier's transport note (protocol) and inform the Seller without undue delay . If the Buyer fails to inspect the goods at the time of receipt, he may only make claims for defects found during this inspection if he proves that the goods had defects at the time of delivery.
6.4 The Buyer shall be entitled to exercise the right of defect that occurs in consumers goods within twenty-four (24) months of receipt, unless the goods or its packaging states longer time. When making a complaint in writing, the Buyer shall provide an accurate description of the defect, what he requires and his contact details.
6.5 If the goods are not in stated quality the Buyer may request even the delivery of a new goods without any defects, unless it is not in proportion with respect to the character of the defect, but if this defect concerns only a part of the thing, the Buyer may request only an exchange of this part; if it is not possible, he may withdraw from the agreement. However, if this is not in due proportion with respect to the character of the defect, especially if the defect can be removed without any unnecessary delay, the Buyer has the right to the removal of the defect free-of-charge. The Buyer has the right to the delivery of a new thing or to the exchange of a part even in the case of a removable defect, in case he cannot use the thing properly due to a repeated defect occurrence after its repair or due to a greater number of defects. In such case, the Buyer also has the right to withdraw from the agreement. If the Buyer does not withdraw from the agreement or he does not assert the right to the delivery of a new thing without defects, to the exchange of its part or to the repair of the thing, he may ask for an adequate discount. The Buyer has the right for an adequate discount even in the case that the Seller cannot deliver a new thing without defects to them, he cannot exchange the part of the thing or repair the thing, as well as in the case that the Seller does not rectify things in an adequate period of time or in case that the rectification would cause considerable difficulties to the Consumer. The Buyer does not have the right from faulty fulfilment if he was aware of the thing having a defect prior to its takeover or if the Buyer caused the defect by themselves. If the thing has a defect that binds the Seller and if it concerns a thing sold for a lower price or a used thing, the Buyer has the right to an adequate discount instead of the right to the exchange of the thing.
6.6 The claims of the Buyer stated above will not apply to (a) a thing sold for a lower price based on the defect for which the lower price was negotiated, (b) the wear and tear of a thing caused by its usual use, (c) used things for the defect that corresponds to the extent of the use or wear and tear that the thing had upon the takeover of the thing by the Buyer, or (d) the case that is implied by the character of the thing, especially in the case of mechanical damage to the thing by the Buyer, in the case of provably forbidden interventions to the goods, in the case of a natural disaster, provably incorrect use, use counter to the user’s manual or to the instructions stated on the packaging or in the certificate of warranty or use counter to the generally known rules of use.
6.7 This article does not apply to gifts that are provided to the Buyer free-of-charge along with the purchased goods, no rights to claims for defects can be asserted.
6.8 The rights to claims for defects are asserted from the Seller. However, if a different person that should carry out a repair is listed in the proof of purchase (or in the certificate of warranty) that is at the place of the Seller or closer to the place of the Buyer, the Buyer asserts the right to repair from this person.
6.9 If the Buyer asserts the right to a faulty fulfilment, the Seller will confirm the time in a written form, as well as the execution of the repair and the time of its duration. If the thirty (30) days for the fulfilment of the claim exceeded, it is a reason for a withdrawal from the Sales agreement. In the case that the claim is declined by the Seller, the Buyer has the right to request a written reasons for the denial of the claim.
6.10 After the claim is processed by the Seller, he informs the Buyer by e-mail. In the case that the goods were sent through a shipping service, it will be sent to the address of the Buyer after the processing of the claim. The Seller will issue or send a written confirmation to the Buyer that will include the date and the manner in which the claim was processed, the confirmation on the execution of the repair and the time of duration of the processing of the claim, alternatively the reasons for the denial of the claim. In the case that the goods that was subject to the claim were not picked up from the warranty repair within two (2) months since the lapse of the period when the warranty repair was executed, the Buyer is obligated to pay the storage fee to the Seller in the amount of 20 CZK (in words: twenty Czech crowns) for every commenced day of the delay with the pick-up of the goods. In the case that the goods will not be picked up even within the period of the following two months, the thing is considered to be abandoned by the Buyer. Upon the handing out of the goods after the processing of the claim, the Buyer is obligated to present the document that he has received upon the acceptation of the goods for warranty claims, or he has to prove his identity. The costs in accordance with Section 1924 of the Civil Code are considered to be the lowest possible.
7. WITHDRAWAL FROM THE AGREEMENT
7.1 The Buyer may withdraw from the agreement within 14 days since the takeover of the goods or since the last part of the delivery is supplied, regardless of the manner of the takeover of the goods or the execution of the payment. The stated time limit is intended for the Buyer to acquaint themselves with the character, properties and the functionality of the goods to an adequate extent. The Buyer has the right to withdraw from the agreement any time before the delivery of the goods as well. The Buyer does not has to state the reason for which he are withdrawing from the agreement. The form for a withdrawal from the agreement can be downloaded HERE. We would like to draw the attention to the fact that it is not possible to withdraw from the agreement on the delivery of the goods that was customised according to the wishes of the Buyer or for them personally.
7.2 The Seller is obligated to return the amount to the Buyer that fully corresponds with the price of the goods and the costs paid for its delivery, and using the same method through which the payment was accepted from the Buyer. However, the Seller is obligated to reimburse the Buyer for the cheapest option of delivery. The Buyer is obligated to send or hand over the purchased goods to the Seller within 14 days at the latest since the date of the withdrawal. The Seller is obligated to return the money for the goods to the Buyer only after the goods are returned to them or sent in the below-described state is credibly proven. The goods are supposed to be returned to the Seller in a complete state, preferably in its original packaging, it may not show any signs of wear and tear or damage. The costs for the return of the goods back to the Seller including the due packaging of the goods, are borne by the Buyer, and the Seller has the right to deduct the costs from the returned amount. With respect to the minimization of such possible costs, we recommend using the original packaging. Along with the goods, the Buyer is obligated to return also all the gifts provided along with those goods to the Seller.
7.3 In the case that the returned goods are damaged due to the violation of the obligations of the Buyer or it shows some signs of wear and tear, in relation to the Buyer, the Seller has the right to assert his right for the reimbursement for the decreased value of the goods and for its deduction from the returned amount.
8. OTHER PROVISIONS
8.1 PROTECTION OF PERSONAL INFORMATION. Within the meaning of Articles 13 and 14 of Regulation (EC) No 2016/679 of the European Parliament and of the Council (General Data Protection Regulation)(hereinafter only as the “Regulation "), the Seller hereby informs the Buyer that, as a personal data controller, he processes personal data of the Buyer. Personal data of the Buyer are processed to the extent of: name and surname, address, bank account number, email address, telephone number, IP address (network interface identifier in the computer network) and breed, sex and age of the dog. The legal basis for the processing of personal data is within the meaning of Article 6 (1) (b) the order for performance of the contract, and also within the meaning of Article 6 (1) (f) of the Regulation to protect the legitimate interests of the Seller as a data controller and also within the meaning of Article 6 (1) c) of the Regulation on the fulfilment of the legal obligation. The purpose of the processing of personal data is to fulfil the obligations of the contract on sale, fulfilment of obligations in the field of public law (accounting and tax and archiving) and communication and offering of products and services, including sending information about organized events, products and other marketing activities of the Seller. The personal data will be retained for 10 years from the termination of the contractual relationship, in accordance with the obligation of archiving invoices and contracts based on national accounting and tax legislation. The Seller does not make automatic individual decisions within the meaning of Article 22 of the Regulation. Personal data may be processed by the processor on the basis of a contractual relationship with the controller. Personal data will not be transferred to third countries. Under the terms of the Regulation, the Buyer, as the data subject, is entitled to require the Seller to ask access to his personal data, the right to ask for rectification or erasure of personal data, or to restrict the processing, the right to object to the processing of personal data, and the right to portability of personal data. If the Buyer is considered that by processing of his personal data has been breached or violated the Regulation, he has the right, inter alia, to file a complaint with the Supervisory Authority. The data subject has the right to object to the processing of personal data. If the Buyer wishes to contact the Buyer regarding the data protection and / or carry out any of the above mentioned actions, he may do so at the e-mail address email@example.com or at the Seller's address and may use the form available for download HERE.
8.2 CHANGE OF TERMS AND CONDITIONS. The Seller has the right to, in an adequate extent, unilaterally change these Terms and Conditions. The Seller will inform on the change on his website https://www.janjaprokic.com.
8.3 PROTECTION OF INTELLECTUAL PROPERTY. The Buyer takes into account that the goods of the Seller are subject to the international protection of intellectual and industrial property, especially the rights to trademarks and further to the protection of copyright laws and he also takes into account that he does not have the right to copy the goods of the Seller or to use it or the trademarks that the goods is labelled with counter to the effective legal regulations. Violation of the rights to intellectual property may be considered a criminal act. All the rights of the Seller in this respect are enforced by a law office and the violator bears all the related costs.
8.4 RESOLUTION OF DISPUTES. Mutual disputes between the Seller and the Buyer are dealt with by general courts. In accordance with the Act No. 634/1992 Sb., on Consumer Protection, as amended, the Buyer has the right to an out of court resolution of the consumer dispute resulting from a sales agreement or a service agreement. The subject that has the right to carry out an out of court resolution of the dispute, is the Czech Trade Inspection Authority (www.coi.cz). An out of court resolution of a consumer dispute is commenced exclusively on a proposal of the consumer. The proposal may be submitted within 1 year at the latest since the consumer first asserted his right that is the subject matter of the dispute with the Seller. The consumer has the right to start an out of court dispute resolution online using the ODR platform available on the website ec.europa.eu/consumers/odr/.
These Terms and Conditions become effective on ___________ 2019