Terms & Conditions
GENERAL TERMS AND CONDITIONS FOR PURCHASE CONTRACTS
GENERAL TERMS AND CONDITIONS FOR PURCHASE CONTRACTS
(wording effective from 24.7.2023)
Robert Schneider, a person doing business under the Trade Act, not registered in the commercial register,
with registered office at U Lomu 513/7, 795 01 Rýmařov
ID number: 12086568, VAT number: CZ6611120164
Contact information:
delivery address: U Lomu 513/7, 795 01 Rýmařov, Czech Republic
e-mail address: rsmodels@rsmodels.cz
telephone: +420 604 407 729
1 INTRODUCTORY TERMS AND CONDITIONS
1.1 These general terms and conditions for purchase contracts (hereinafter referred to as "terms and conditions") govern the rights and obligations between the seller and the buyer when purchasing goods from the seller via means of remote communication, i.e. via the e-shop: www.rsmodels.cz, by telephone, or via e-mail communication.
1.2 The seller and operator of the e-shop is entrepreneur Robert Schneider with registered office at U Lomu 513/7, 795 01 Rýmařov, Company ID: 12086568, Tax Identification Number: CZ6611120164 (hereinafter referred to as "Entrepreneur" and "Seller"), a natural person doing business under the Trade Act, not registered in the Commercial Register. The address of the seller's place of business is the same as the address of its registered office.
1.3 The buyer can be either a consumer or an entrepreneur.
a) In accordance with § 419 of the Act, the consumer is No. 89/2012 Coll., of the Civil Code as amended (hereinafter referred to as the "Civil Code"), any person who, outside the scope of his business activity or independent performance of his profession, enters into a contract with the entrepreneur Robert Schneider or otherwise deals with him.
b) An entrepreneur according to § 420 of the Civil Code is a person who independently performs a gainful activity on his own account and responsibility in a trade or similar manner with the intention of doing so consistently in order to achieve profit. For the purposes of consumer protection, any person who concludes contracts related to their own business, production or similar activity or in the independent performance of their profession, or a person who acts on behalf of or on behalf of an entrepreneur is considered an entrepreneur. A buyer who, when creating an order or as part of registration - setting up a customer account in the seller's e-shop - states his identification number (IČ), will be considered an entrepreneur for the purposes of these terms and conditions and relations with the seller.
2 PROCEDURE WHEN CONCLUDING A PURCHASE CONTRACT
2.1 The buyer selects the goods in the online catalog at www.rsmodels.cz. The buyer can choose any product that has an "Add to cart" button. The photos showing the products on the online store are only informative. Some product photos may contain decorative items that may not be part of the delivery.
2.2 After pressing the "Add to basket" button, the ordered goods are added to the shopping basket, the contents of which are available to the buyer for inspection at any time. The creation of an order for goods placed in the shopping basket is conditional on filling in the buyer's data, which the system requires from him and which are necessary for the conclusion of the contract between the seller and the buyer. The order can also be made by phone via the seller's customer line, phone number +420 604 407 729, when the buyer is assisted by an employee of the seller when concluding the contract. The buyer is obliged to provide all data correctly and truthfully. These data will be used for the purposes of creating an order and subsequently for concluding and fulfilling the purchase contract. When creating an order, the buyer is also invited to provide his currently valid contact information, namely a telephone number and e-mail address, while these data will be used by the seller for the purpose of informing the buyer about the status of processing his order (availability of goods, shipment of goods/ preparing goods for collection, etc.). The data provided by the buyer are considered correct by the seller. The buyer can also register with the seller - create a customer account at www.rsmodels.cz. The creation of a customer account is conditioned, in addition to the data necessary for the order of goods, also by the entry of a login e-mail address and password by the buyer. The seller recommends that the buyer keep the login information for future purchases. For each subsequent purchase from the seller, the buyer who has a customer account can log in using his login information. It is in the buyer's interest to protect their login data to the customer account, as providing them to a third party may result in their appearing on www.rsmodels.cz under the name of the relevant buyer. In the event that the buyer changes the data provided by the buyer during registration, the buyer is obliged to inform the seller of such a change without undue delay, either by updating the data in the customer account or by e-mail; such a change becomes effective at the moment of its notification to the seller (or by saving the change in the customer's account). The buyer acknowledges that the customer account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software equipment, or necessary maintenance of hardware and software equipment of these persons. The seller can cancel the customer account, especially if the buyer does not use his customer account for more than 3 years (i.e. after 3 years have passed since the last purchase in the seller's e-shop), or if the buyer violates his obligations under the purchase contract (including the terms and conditions). In the event that the buyer gives consent to be informed about news and special offers, the seller can also use the buyer's data to send its commercial messages to the buyer, until the buyer withdraws this consent, which the buyer is entitled to do at any time.
2.3 The buyer chooses the method of payment of the purchase price of the goods and the method of delivery of the goods.
2.4 Before the buyer bindingly confirms the order, he has the right to check and change all the data specified in the order in order to detect and correct errors that occurred during the order entry.
2.5 By submitting the order (by clicking on the "Complete order with payment obligation") button, the buyer confirms that he or she has familiarized himself with the main features of the goods, their total price and other costs, namely the costs of delivery, i.e. transport, possibly also the delivery or installation of the goods and other services (hereinafter referred to as "accompanying services"), in the event that these accompanying services are not included in the purchase price of the goods, as well as the fact that this after acceptance of the order by the seller, the seller is obliged to pay the specific price to the seller and that he has chosen the method of payment of the price from the options offered by the seller, with the delivery conditions, the period in which the seller undertakes to deliver the goods, and makes an offer to the seller to conclude the contract under the stated conditions. Unless otherwise stated in the individual provisions of these terms and conditions, the purchase price is understood as the total price of the goods incl. all accompanying services.
2.6 After the order has been sent, it will be registered in the seller's system, which the buyer will be informed about by an e-mail notification of the seller's receipt of the order. The mentioned e-mail notification of receipt of the order is not an acceptance of the buyer's proposal to conclude a contract, but only information about the delivery of the buyer's order to the seller. Listing the goods on the seller's website is only for the purpose of presenting the goods, it is not a proposal by the seller to conclude a purchase contract regarding such goods. The seller is not obliged to accept the buyer's order and deliver the ordered goods to the buyer, especially in the event that the stock of the goods offered by the seller on the seller's website is sold out, or in the event that the seller's supplier is unable to deliver the goods within a reasonable period or the period requested by the buyer (§ 1732, paragraph 2 of the Civil Code does not apply). The seller immediately informs the buyer about this situation and suggests workarounds.
2.7 The purchase contract is considered to have been concluded upon delivery of another e-mail from the seller to the buyer (hereinafter referred to as "order acceptance") with confirmation of the conclusion of the contract. However, before accepting the order, the seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
2.8 By accepting the order, a purchase contract is concluded between the buyer and the seller, the subject of which is the delivery of the goods specified in the order and the provision of accompanying services for the price specified in the order, all under the conditions stated on www.rsmodels.cz, in these terms and conditions and the complaints procedure. These terms and conditions and the complaints policy are then published on www.rsmodels.cz and are (in their current wording on the date of conclusion of the purchase contract) an integral part of the concluded purchase contract.
2.9 The buyer-consumer's right to withdraw from the contract is regulated in Article 6 of these terms and conditions.
2.10 After its acceptance as a concluded purchase contract, the buyer's order is stored with the seller and is not accessible to other entities except the seller (and the buyer through his customer account).
2.11 The contract is concluded in the Czech language.
2.12 Information on the individual technical steps leading to the conclusion of the contract is described in these terms and conditions and on the website www.rsmodels.cz.
2.13 The seller rejects any additions or deviations to these terms and conditions, in particular any additions
or deviations from the information published by the seller in the online catalog, stated in the order sent by the buyer.
2.14 The buyer is obliged to immediately notify the seller in writing or in another way of any change in his contact details; this change becomes effective at the moment of its notification to the seller (or when it is saved in the buyer's customer account). Any non-notification is at his expense. Letters are considered properly sent if they are addressed to the address last notified by the buyer to the seller. It can be delivered to the buyer's email address.
3 PAYMENT TERMS
3.1 The current price of the goods always corresponds to the price of the goods, which is for the given collection listed in the online catalog
on the seller's website www.rsmodels.cz at the time of ordering the goods.
3.2 The prices listed in the online catalog include VAT and all taxes and fees. Unless otherwise expressly stated for specific goods, the stated prices do not include the costs of transport (or other accompanying services), or late payment, which differ depending on the method of transport and payment chosen by the buyer and which the buyer will be obliged to pay to the seller together with the purchase price of the goods.
3.3 The costs of transport, if applicable, are listed on the seller's website. Information about these costs applies only to the delivery of goods within the territory of the Czech Republic
3.4 The costs of means of distance communication when concluding the purchase contract (costs of internet connection or costs of telephone calls) are paid by the buyer himself, and these do not differ from the basic rate.
3.5 The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
a) payment in advance by bank transfer or direct deposit to the seller's bank account. If the buyer chooses payment in advance, he is obliged to pay the price of the goods to the seller's account no later than 7 days after the confirmation of the order;
b) cash on delivery, when the full price will be paid by the delivery person when taking over the goods;
The buyer becomes the owner of the goods only after full payment of the purchase price (reservation of ownership).
3.6 In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of the variable payment symbol indicated in the order acceptance. 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.
3.7 The invoice (tax document) will be sent by the seller to the buyer electronically by e-mail at the same time as the order confirmation, but no later than 5 days after payment of the purchase price of the goods; in the case of personal collection, the invoice can be handed over to the buyer in paper form upon receipt of the goods.
3.8 Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4 DELIVERY TERMS
4.1 The delivery time depends on the availability of the product and the type of goods ordered. For commonly available goods and goods that the seller has in stock, the shipment is usually dispatched within 2 working days from the conclusion of the purchase contract (in the case of cash on delivery payment) or within 2 working days from the crediting of the relevant amount of the purchase price to the seller's account (in the case of payment in advance - non-cash payment by transfer or deposit to the account). The seller ships goods that are not in stock as soon as possible (usually within 3 weeks from the conclusion of the purchase contract, in the case of advance payment, then on condition of full payment of the purchase price); The seller will then inform the buyer about the exact date. The buyer has the opportunity to inquire about the approximate delivery date with the seller at any time, even before concluding the purchase contract (the buyer is recommended especially in the case of goods manufactured to order or goods that are not in stock). The buyer acknowledges that there may be circumstances beyond the seller's control and for which delivery of the ordered goods to the buyer cannot be fulfilled; in such a case, the procedure according to the following paragraph shall be used.
4.2 If the above-mentioned delivery time cannot be met due to technical reasons (unavailability of goods), the seller undertakes to inform the buyer immediately and if the seller and buyer do not reach an agreement on the delivery of the goods within a replacement period, on the delivery of replacement goods or on other replacement performance, either party is entitled to withdraw from the purchase contract for the delivery of goods; in such a case, the seller undertakes to return the paid purchase price or advance payment no later than 14 days after the cancellation takes effect, in the same way as was used for its payment by the buyer, unless the seller and the buyer agree otherwise. The buyer - consumer is similarly entitled to withdraw from the purchase contract in the event that the seller is late with the delivery of the goods for another reason and does not fulfill his obligation even within the additional reasonable period provided by the buyer. The buyer-consumer may withdraw from the purchase contract without an additional period in the event that the seller has refused to perform or performance within the specified time is necessary with regard to the circumstances at the conclusion of the contract or the circumstances that the buyer communicated to the seller before the conclusion of the purchase contract.
4.3 If, according to the buyer's order, the seller is to deliver the goods to the place of delivery specified by the buyer, the seller undertakes to send the goods to the buyer to the address in the Czech Republic, which the buyer indicates in the order as the place of delivery, and the buyer is obliged to take over the goods upon delivery. The seller hands over the goods to the buyer - the entrepreneur by handing them over to the first carrier for transport for the buyer and enabling the buyer to exercise the rights from the transport contract against the carrier. The seller hands over the goods to the buyer-consumer as soon as the carrier hands over the goods to the buyer or to a person designated by the buyer.
4.4 Delivery to the place of delivery includes delivery of the goods to the first lockable door without taking out the goods according to the conditions of the carrier and the delivery method chosen by the buyer when ordering the goods. More detailed information about the methods of delivery of goods to the place of delivery and the costs of delivery of goods are available at www.rsmodels.cz, especially on the page Transport and payment.
4.5 In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to compensate the seller for the costs associated with repeated delivery of the goods, or costs associated with another method of delivery (the buyer loses any right to delivery of the goods "for free" (included in the price of the goods), if such delivery applied to the given goods). In the event that the seller offers free delivery of the goods, the right to free delivery of the goods on the part of the buyer is a prerequisite for payment of the minimum total purchase price of the transported goods in the amount specified in the web interface of the store. reaches the minimum amount required for the right to transport the goods for free according to the previous sentence, the buyer's right to transport the goods for free ceases and the buyer is obliged to pay the transport of the goods to the seller.
4.6 Goods that have been paid for in advance will only be handed over to the buyer or a person authorized to accept the goods on behalf of the buyer, while in the case of handing over the goods by the carrier, a person who meets the requirements required by the carrier for handing over the goods, in particular, when handing over the goods, knows the essential details of the order, proves his identity, or provides other unique identification data (communicated in advance by the seller or the carrier to the buyer) entitling him to take over the goods (PIN code, etc. ).
4.7 In case of choosing personal collection, the buyer is obliged to pick up the goods that have been paid for in advance, no later than 5 days from the day when the seller confirmed to him the readiness of the goods for collection. In the case of choosing personal collection and the selected method of payment in cash or by credit card at the given location of the seller, the buyer is then obliged to pick up the goods within 5 days at the latest from the day on which the seller confirmed to him that the goods are ready for collection.
4.8 When taking over the goods, the buyer is obliged to visually check the goods and recheck the integrity of the packaging and the goods. The buyer is entitled not to accept the goods if mechanical damage caused by transport is visible on the goods or on their packaging or if the goods are incomplete. In such a case, the buyer is obliged to draw up a damage/complaint report with an employee of the seller or the transport company that ensures the transport of the goods. By signing the delivery note, the buyer confirms that the shipment was delivered in order.
4.9 In the event of the buyer's delay in taking over the goods, the seller is in the position of custodian (§ 2120 par. 1 of the Civil Code) and the provisions of the Civil Code on the contract of safekeeping (§ 2402 et seq. of the Civil Code) shall be applied to the legal relationship between the buyer and the seller. In the event of a delay by the buyer in taking over the goods for more than 5 days, the seller will be entitled to charge an amount of CZK 50 for the storage of the goods for each day of storage, even if it has only started, for every single piece of goods with which the buyer is late in taking over. In the event of a delay in receiving the goods for more than 10 days, the seller can also:
(i) sell the goods for the customer's account under the conditions according to § 2126 of the Civil Code and release the proceeds from the sale to the customer; or
(ii) withdraw from the purchase contract for the delivery of goods to the customer and return the purchase price of the goods to the customer.
The seller will pay the proceeds from the sale or the returned purchase price less the storage and, where appropriate, the costs associated with the sale of the goods by transfer to the customer's bank account, if the seller knows the customer's bank account or, if the seller does not know the customer's bank account, he will leave it on the seller's internal account as a customer's receivable with the customer's name and invite the latter to take over (or a notification of the bank account for issuance); this claim does not bear interest. This does not affect the seller's claim to compensation for damage or its amount.
5 DEFECT RIGHTS AND AFTER-SALES SERVICE
5.1 The rights arising to the buyer - consumer from defective performance are governed by valid legislation (especially § 2165 et seq. of the Civil Code Act) and the valid Complaints Procedure of the entrepreneur Robert Schneider.
5.2 In the case of a buyer - an entrepreneur, the rights and obligations of the seller and the buyer are governed by the Civil Code, unless otherwise stipulated. The buyer - the entrepreneur is obliged to report obvious defects in the goods to the seller within 24 hours of receiving the goods and not to use the goods. Later complaints of this nature may not be accepted by the seller. The buyer - the entrepreneur is obliged to notify the seller of hidden defects without undue delay after he could have discovered them with sufficient care, but no later than two years after the seller handed over the goods to the buyer, unless the manufacturer's warranty certificate of the goods in question states that there is no other warranty it's time When exercising rights from defects according to the provisions of § 2099 et seq. of the Civil Code (i.e. exercising the right to remove defects by delivering new goods without defects or missing goods, repair of goods if the defects can be removed, a reasonable discount or withdrawal from the contract), the buyer - entrepreneur is obliged to deliver the claimed goods to the seller, including an invoice or other form of tax document, at any of the seller's establishments. In the case of exercising the right to exchange goods or withdraw from the contract, the buyer - entrepreneur is obliged to deliver the goods to the seller, including the original packaging and all accessories. In the event of withdrawal from the contract, the buyer - entrepreneur is obliged to return everything he received according to the purchase contract, i.e. in the event that the seller provided a gift or other performance for a discounted price or a symbolic price with the purchased goods, and the purchase contract was withdrawn, the buyer - entrepreneur is obliged to return together with the returned goods the gifts provided with it, or performance provided for a discounted or symbolic price (§ 1727 of the Civil Code). The buyer - the entrepreneur is obliged to provide the cooperation necessary for filling out the complaint protocol by an authorized employee of the seller.
5.3 In the case of defects for which the seller is not responsible to the buyer, the seller is entitled to repair the goods to the customer through agreed partners, within the time limits, method and prices determined by this partner and about which the seller will inform the buyer without undue delay after receiving them from the given partner.
5.4 In the event of a conflict between the provisions of these terms and conditions and the provisions of the Complaints Regulations, the provisions of the Complaints Regulations shall take precedence.
6 WITHDRAWAL FROM THE CONTRACT BY THE CONSUMER
6.1 In accordance with § 1829, paragraph 1 of the Civil Code, the buyer - consumer (but not the buyer - entrepreneur) has the right to withdraw from the contract within 14 days. The period according to the first sentence runs from the date of acceptance of the goods, while if it is a contract the subject of which is several items (types) of goods or the delivery of several pieces of goods, this period runs from the day of acceptance of the last item or the last piece of goods, or if it is a contract the subject of which is regular repeated delivery of goods, from the day of acceptance of the first delivery of goods.
6.2 The consumer may withdraw from the contract by any statement made to the seller, e.g. the consumer can deliver the notice of withdrawal by e-mail to rsmodels@rsmodels.cz, deliver it to any of the seller's premises, notify by phone on the customer line phone number +420 604 407 729. In the case of withdrawal, the notice of withdrawal must be sent to the seller within the period specified in Article 6. 1 above.
6.3 The seller recommends the consumer to use the sample form for withdrawal from the purchase contract to speed up the process associated with withdrawal from the contract. In such a case, the seller will confirm receipt of the completed form to the consumer without undue delay.
6.4 If the consumer withdraws from the contract, he will send or hand over to the seller without undue delay, no later than 14 days from the delivery of the withdrawal from the contract to the seller, the goods he received from the seller, at his own expense, even in the event that the goods cannot be returned due to their nature by the usual postal route, unless the contracting parties have agreed that the seller will pick up the goods himself (in this case, the amount of costs associated with returning the goods amounts to 1 CZK 5 per 1 km drive of the seller's employees from the nearest establishment of the seller for the purpose of taking over the goods and returning them to this establishment). The deadline is maintained if the consumer sends the goods before it expires.
6.5 The consumer can send or hand over the purchased goods either to any of the seller's premises or to the address provided by the seller after receiving the cancellation notice. Goods sent to the seller on cash on delivery will not be accepted by the seller. Returned goods must be secured for transport to prevent damage.
6.6 If the consumer withdraws from the contract and if the returned goods are in the condition in which they were received by the consumer (taking into account the wear and tear caused to the extent absolutely necessary for testing it (determining the nature, properties and functionality) in a similar and usual way when purchasing goods in a brick-and-mortar store), including all documentation (warranty certificate, instructions) and accessories, the seller will return it to him without undue delay, at the latest within fourteen days of withdrawal contract, all funds received from him under the contract, including the costs of delivery of the goods (except for additional costs incurred as a result of the consumer choosing a delivery method other than the cheapest standard delivery method offered by the seller), in the same way as the seller received them from the buyer, unless otherwise agreed.
6.7 If the consumer withdraws from the contract, the seller is not obliged to return the received funds to the consumer before receiving the goods or before the consumer proves to him that the goods were sent to the seller l, whichever comes first.
6.8 The consumer is liable to the seller for the reduction of the value of the returned goods as a result of handling these goods in a way other than what was absolutely necessary to familiarize himself with the nature, properties and functionality of the goods (i.e.
in a similar and usual way when buying goods in a brick-and-mortar store), or as a result of the goods being incomplete (some of its accessories are missing, etc.).
6.9 In the event that the consumer is responsible for the decrease in the value of the goods, as stated in the previous sentence, the seller is entitled to offset his right to compensation for the decrease in the value of the returned goods to the returned purchase price; however, he is obliged to prove the amount of this compensation.
6.10 If, based on the buyer's order, the seller provides the purchased goods to the buyer with additional performance at a discounted price, possibly a symbolic price or as a gift, the contract between the seller and the buyer for the supply of such performance is concluded with the condition that if the consumer's right to withdraw from the purchase contract is used, the contract for the supply of additional performance ceases to be effective and the consumer is obliged to return the related performance (including the gift) together with the returned goods ky) that you ordered. In the event that these are not returned, these values will be understood as unjust enrichment of the consumer. If the release of the subject of unjustified enrichment is not possible, the seller has the right to monetary compensation in the amount of the usual price.
6.11 The consumer cannot withdraw from the contract (according to the provisions of § 1837 of the Civil Code):
a) about the provision of services, if they were provided in full; in the event that they were provided for a fee only if their performance began with the prior express consent of the consumer before the expiry of the period for withdrawal from the contract and the seller informed the consumer before concluding the contract that in such a case he does not have the right to withdraw from the contract,
b) on the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller and which may occur during the withdrawal period,
c) on the delivery of goods manufactured according to the consumer's requirements or adapted to his personal needs,
d) on the delivery of perishable goods or goods with a short shelf life, as well as goods that, due to their nature, have been irreversibly mixed with other goods after delivery,
e) on urgent repair or maintenance to be carried out at a place designated by the consumer at his express request; however, this does not apply to the performance of other than requested repairs or the delivery of goods other than spare parts necessary for repair or maintenance,
f) about the delivery of goods in sealed packaging, which for reasons of health protection or hygiene reasons is not suitable to return after the consumer has broken it (e.g. razors, epilators, etc.),
g) on accommodation, transport of goods, rental of means of transport, catering or use of free time, if it is to be fulfilled according to the contract on a certain date or in a certain period, as well as in other cases specified in § 1837 of the Civil Code.
6.12 In the event that the buyer - consumer withdraws from the purchase contract, obligations from all secondary contracts, the subject of which is the provision of a service related to the given purchase contract (contracts on tied credit (installment sale), insurance contracts, contracts on extended warranty or insurance) concluded by the buyer with the seller or the seller's intermediaries, also expire. Any refund of payments made by the buyer under ancillary contracts will be made in accordance with the terms and conditions applicable to these ancillary contracts.
7 WITHDRAWAL FROM CONTRACT BY SELLER
7.1 The seller is entitled to withdraw from the contract in the event of a breach of the buyer's obligation from the purchase contract, in particular due to the buyer's failure to pay the price of the goods, the buyer's delay in taking over the goods after the purchase of the goods or the buyer's delay in taking over the goods after the seller has handled the complaint.
7.2 The seller is entitled to further withdraw from the contract in case of depletion of stocks or loss of the seller's ability to perform (the goods are not delivered by the supplier, there has been a significant change in the price charged by the supplier, etc.). The seller is obliged to immediately inform the buyer about the withdrawal and possibly try to agree with him on a possible alternative solution.
7.3 The seller is entitled to withdraw from the contract concluded with the buyer also in the event of an obvious mistake in the price of the goods (which means in particular the situation if the price of the ordered goods is clearly different from what is usual for this type and type of goods, without the said goods being clearly stated to be a discount or promotion) and other obvious mistakes in writing affecting the essential details of the contract. In the event that this situation occurs, the seller will immediately contact the buyer in order to agree on the next course of action.
7.4 In the event that the seller withdraws from the contract and the buyer has already paid part or all of the purchase price, this amount will be transferred back to him in the same way as was used when paying the price of the goods to the buyer, unless the seller and buyer agree otherwise, in the shortest possible time, but no later than 14 days from the acquisition of the withdrawal activity.
8 PROTECTION OF PERSONAL DATA
8.1 The seller determines the buyer's satisfaction with the purchase through e-mail questionnaires as part of the Verified by customers program, in which the seller's e-shop is involved. These questionnaires are sent by the seller every time the buyer makes a purchase from the seller, if in accordance with § 7 paragraph 3 of Act No. 480/2004 Coll. about some services of the information company, the buyer does not refuse to send commercial communications from the seller or the buyer does not withdraw his previously granted consent. The processing of personal data for the purpose of sending questionnaires as part of the Verified by customers program is carried out on the basis of the seller's legitimate interest, which consists in ascertaining the buyer's satisfaction with the purchase. For sending questionnaires, evaluating customer feedback and analyzing the seller's market position, the seller uses a processor that is the operator of the Heureka.cz portal; for these purposes, the seller is entitled to pass on information about the purchased goods and the e-mail address of the buyer. When sending these e-mail questionnaires, the buyer's personal data is not passed on to any third party for its own purposes. The buyer can object to the sending of e-mail questionnaires as part of the Verified by Customers program at any time by rejecting further questionnaires using the link in the e-mail with the questionnaire.
8.2 Information regarding the protection of personal data in connection with the legislation in the field of personal data protection - Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (general regulation on the protection of personal data), (hereinafter referred to as the "GDPR") - and the introduction of measures to ensure compliance of the seller's procedures with the GDPR and with related legal regulations governing the protection of personal data (e.g. law No. 110/2019 Coll., on the processing of personal data), the buyer can find on the page Processing of personal data.
9 CONFIRMATION OF AGREEMENT WITH THE TERMS AND CONDITIONS AND THE COMPLAINT RULE
When confirming each order for goods from the seller's online store, the buyer confirms that he has read and agrees with these terms and conditions and the complaint procedure of entrepreneur Robert Schneider.
10 ADDITIONAL INFORMATION
10.1 Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 44, 110 00 Prague 1, ID: 000 20 869, internet address: http://www.coi.cz.
10.2 The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.
10.3 The European Consumer Center Czech Republic, with registered office at Štěpánská 44, 110 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz, is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 200 9/22/EC (regulation on online consumer dispute resolution).
10.4 The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its jurisdiction. The Office for Personal Data Protection supervises the area of personal data protection. The Czech Trade Inspection, to a defined extent, supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
11 EFFECTIVENESS OF THE TERMS AND CONDITIONS
11.1 The seller reserves the right to change these terms and conditions, which will take effect no earlier than the date of publication of the updated wording of the terms and conditions on the seller's website. The purchase contract between the seller and the buyer is always governed by the wording of the terms and conditions valid on the day the purchase contract was concluded.
11.2 The rights and obligations of the contracting parties from the purchase contract and in connection with it are governed by the legal system of the Czech Republic, with the exclusion of conflicting norms of international private law, in particular by Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), and if the contracting party is a consumer, by Act No. 634/1992 Coll., on consumer protection, as amended. Choice of law according to the previous sentence the buyer, who is a consumer, is not deprived of the protection provided by the provisions of the legal system, from which it is not possible to deviate contractually, and which, in the absence of a choice of law, would otherwise be applied in accordance with the provisions of Article 6, paragraph 1 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
11.3 The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph 2 of the Civil Code.
11.4 The annex to the terms and conditions consists of a model form for withdrawing from the purchase contract and a complaint protocol.
11.5 These terms and conditions are valid and effective from 24.7.2023 and fully replace the previous terms and conditions.