Dear customers, for those of you who prefer detailed information about legislation, we recommend a very exciting reading of the terms and conditions listed on this website. 🙂
Zídekhk sro.
Wenceslas Square 823/33
110 00 Prague – New Town
ID: 24242411 VAT number: CZ24242411
Data box: yhog2r. The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 196033.
Sale of goods through an online store located at the website www.zidekhk.com
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as " terms and conditions ") of the company Zídekhk sro, Václavské náměstí 823/33, 110 00 Prague - Nové Město, identification number: 24242411, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 196033.
(hereinafter referred to as the “Seller”) regulate the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) via the Seller’s online store. The online store is operated by the Seller at the Internet address www.zidekhk.com, via a web interface (hereinafter referred to as the “Web Interface of the Store”).
1.2. Terms and conditions further regulate the rights and obligations of the contracting parties when using the Seller's website located at www.zidekhk.com (hereinafter referred to as the "Website") and other related legal relationships. Terms and conditions are amended by the "Final Provisions" appendix for cases where the person who intends to purchase goods from the Seller is a legal entity or a person who, when ordering goods, acts within the framework of their business activities or within the framework of their independent profession.
1.3. The website at www.zidekhk.com is intended for the purchase of goods for final consumption or use, and under separately agreed conditions also for business entities that further trade in goods as part of their business activities. Terms and conditions for cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods as part of their business activities or as part of their independent profession are regulated by the appendix "Final Provisions".
1.4. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.5. The provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are drawn up in the Czech language.
1.6. The Seller may amend or supplement the text of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the Buyer's registration on the website, the Buyer can access his user interface. From his user interface, the Buyer can order goods (hereinafter referred to as the "user account"). If the store's web interface allows it, the Buyer can also order goods without registration directly from the store's web interface.
2.2. When registering on the website and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data provided in the user account in the event of any change. The data provided by the buyer in the user account and when ordering goods is considered correct by the seller.
2.3. 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 and acknowledges that the Seller is not liable for any breach of this obligation by the Buyer.
2.4. The Buyer is not entitled to allow third parties to use the user account.
2.5. The Seller may cancel the user account, especially if the Buyer does not use his/her user account for more than 18 months, or if the Buyer breaches his/her obligations under the purchase contract (including the terms and conditions).
2.6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the Seller's hardware and software equipment, or the necessary maintenance of the hardware and software equipment of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, paragraph 2 of the Civil Code do not apply.
3.2. The web interface of the store contains a list of goods and information about the goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. Alternatively, the prices are listed without value added tax, as information for the buyer who is not a consumer. The prices of goods remain valid for the period when they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. Any promotional prices are valid until stocks run out when the number of pieces of promotional goods is indicated or for a specified period of time. Discounts on goods on sale, promotional offers and any personal discounts cannot be combined and added up. Before placing an order, the buyer has the opportunity to familiarize himself with the fact for how long the offer or price remains valid at the email address eshop@zidekhk.com.
3.3. The list of goods listed on the web interface of the store may differ from the standard offer of the e-shop operator, which it trades with within other sales channels and with other business entities. The buyer is not entitled to request from the seller such goods that are not published on the web interface of the store and is also not entitled to request from the operator in another sales channel goods that are available only on the web interface of the store.
3.4. The web interface of the store also contains information about the costs associated with packaging and delivery of goods. The information about the costs associated with packaging and delivery of goods provided in the web interface of the store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.5. To order goods, the buyer fills out the order form in the store's web interface. The order form contains, in particular, information about:
- ordered goods (the buyer "inserts" the ordered goods into the electronic shopping cart of the store's web interface),
- the method of payment for the purchase price of the goods, information about the requested method of delivery of the ordered goods and
- information about the costs associated with the delivery of goods (hereinafter collectively referred to as the “order”).
3.6. Before sending the order to the seller, the buyer is allowed to check and change the data entered by the buyer in the order, also with regard to the buyer's ability to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data specified in the order are considered correct by the seller. Immediately after receiving the order, the seller confirms receipt to the buyer by e-mail to the buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as the "buyer's e-mail address").
3.7. The Seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), to ask the Buyer for additional confirmation of the order (for example, in writing or by telephone).
3.8. The contractual relationship between the seller and the buyer arises upon delivery of the order receipt (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.9. The Buyer agrees to the use of distance communication means when concluding the purchase contract. The costs incurred by the Buyer when using distance communication means in connection with concluding the purchase contract (costs of Internet connection, costs of telephone calls) are borne by the Buyer himself.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the seller the price of the goods and any costs associated with the delivery of the goods under the purchase contract in the following ways:
- cash on delivery at the location specified by the buyer in the order
- by bank transfer to the seller's account no. 2302790991/2010 maintained at FIO banka, as, Hradec Králové branch (hereinafter referred to as the "seller's account");
- cashless payment card via COMGATE gateway via the secure 3D Secure interface
- cashless by payment card
4.2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with delivery of the goods. The purchase price is valid at the time of the order and is final, i.e. including VAT and all other taxes and fees. The price excluding VAT is informative and is intended for the buyer who is not a consumer.
4.3. The Seller does not require a deposit or other similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods.
4.5. 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. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller's account.
4.6. The Seller is entitled, especially in the event that the Buyer does not provide additional confirmation of the order (Article 3.5.), to demand payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119, paragraph 1 of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other.
4.8. If it is customary in business transactions or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - invoice to the buyer regarding payments made on the basis of the purchase contract. The seller is a payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that, according to the provisions of Section 1837 of the Civil Code, it is not possible to withdraw from a purchase contract for the supply of goods that have been modified according to the wishes of the Buyer or for his person, from a purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods that have been irretrievably mixed with other goods after delivery, from a purchase contract for the supply of goods in a closed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from a purchase contract for the supply of a sound or video recording or computer program if their original packaging has been damaged.
5.2. Unless it is a case specified in Article 5.1. or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract, in accordance with the provisions of Section 1829, paragraph 1 of the Civil Code, within fourteen (14) days from the receipt of the goods, and if the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence. For the purposes of exercising the right to withdraw from the contract, you must inform the operator of the e-shop www.zidekhk.com, Zídekhk sro, Václavské náměstí 823/33, 110 00 Prague - Nové Město, eshop@zidekhk.com, of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent via a postal service operator or e-mail), according to the information in the section Sample instructions on the right to withdraw from the contract.
5.3. In the event of withdrawal from the contract according to Art. 5.2. of the Terms and Conditions, the purchase contract is cancelled from the beginning. The goods must be returned to the seller within fourteen (14) days of sending the withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even in the case where the goods cannot be returned by regular mail due to their nature.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the Seller shall return the funds received from the Buyer within fourteen (14) days of the Buyer's withdrawal from the purchase contract, in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon the Buyer's return of the goods or in another manner, if the Buyer agrees to this and no additional costs are incurred by the Buyer. If the Buyer withdraws from the purchase contract, the Seller is not obliged to return the funds received to the Buyer before the Buyer returns the goods or proves that he has sent the goods to the Entrepreneur.
5.5. The seller is entitled to unilaterally offset the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the buyer takes over the goods, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, by bank transfer to the account designated by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with a termination condition that if the buyer withdraws from the purchase agreement, the gift agreement regarding such a gift loses its effectiveness and the buyer is obliged to return the gift provided to the seller together with the goods.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. In the event that the method of transport is agreed upon based on a special request from the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the location specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different manner than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. When accepting the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects, immediately notify the carrier. If the packaging is found to be damaged indicating unauthorized entry into the shipment, the buyer does not have to accept the shipment from the carrier.
6.5. Additional rights and obligations of the parties during the transport of goods may be regulated by the Seller's delivery conditions, if issued by the Seller.
6.6. Shipping costs for goods ordered through the online store www.zidekhk.com already include the applicable VAT rate. Shipments that are returned to the seller as uncollected will be resent by the seller only at the buyer's request. Shipping costs for personal collection are 0,- CZK.
6.7. The Seller delivers goods only within the territory of the Czech Republic.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The Seller is liable to the Buyer for the goods being free from defects upon acceptance. In particular, the Seller is liable to the Buyer for the following at the time the Buyer accepted the goods:
7.2.1. the goods have the properties agreed upon by the parties, and in the absence of such agreement, they have the properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of their advertising,
7.2.2. the goods are suitable for the purpose stated by the seller for their use or for which goods of this type are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure or weight and
7.2.5. the goods comply with the requirements of legal regulations.
7.3 The provisions set out in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, for wear and tear of the goods caused by their normal use, for used goods for a defect corresponding to the degree of use or wear and tear that the goods had when they were taken over by the buyer, or if this results from the nature of the goods.
7.4. If a defect becomes apparent within six months of receipt, the goods are deemed to have been defective upon receipt.
7.5. The buyer shall exercise the rights arising from defective performance at the seller's premises, where the complaint can be accepted with regard to the range of goods sold, or at the registered office or place of business. The moment of exercising the complaint shall be deemed to be the moment when the seller receives the goods complained of from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
8. COMPLAINTS PROCEDURE
8.1. These complaints procedures, in accordance with the provisions of the Civil Code as amended (hereinafter referred to as the "Civil Code") and Act No. 634/1992 Coll., on Consumer Protection, regulate the method and basic conditions for complaints about defects in goods and the exercise of warranty claims by consumers. If the buyer is an entrepreneur, the procedure is also in accordance with the provisions of the Civil Code as amended.
8.2. The Complaints Procedure applies to complaints about defects that occur in the goods during the warranty period or that are in conflict with the purchase contract (i.e. they existed in the goods at the time of conclusion of the purchase contract).
8.3. All products are provided with a warranty period of 24 months from the date of receipt of the goods for consumers and 6 months for buyers who are not consumers (entrepreneurs). If a defect occurs in the purchased goods during the warranty period, the buyer is entitled to claim this defect.
8.4. In the event that a defect occurs during the warranty period, the buyer has the following rights, depending on the nature of the defect, when claiming the warranty:
- if the defect is removable, the right to free, proper and timely removal of the defect, the right to exchange the defective goods or defective parts, unless this is disproportionate given the nature of the defect. If such a procedure is not possible, the right to a reasonable discount on the purchase price or withdrawal from the purchase contract;
- if it is an irremovable defect preventing the proper use of the goods, the right to exchange the defective goods or withdraw from the purchase contract. The same rights apply to the consumer in the case of removable defects, but if the buyer cannot use the item properly due to the reappearance of the defect after repair or due to a larger number of defects. A defect is considered to have reoccurred if the same defect preventing proper use, which has already been removed at least twice during the warranty period, occurs again. A larger number of defects is understood to be if the item has at least three simultaneous defects preventing its proper use. If it is a case of other irremovable defects and if the buyer does not request the replacement of the item, he has the right to a reasonable discount on the purchase price or withdrawal from the purchase contract.
8.5. The complaint is submitted in the form of a clear statement (e.g. a letter sent via a postal service operator or e-mail) according to the instructions located in the COMPLAINTS.
8.6. Through the complaint protocol, the seller provides the buyer with written confirmation of when the complaint was filed, what its content is, and what method of settlement is required. Furthermore, the seller informs the buyer at the e-mail address provided by him about the method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. Complaints are settled without undue delay, but no later than 30 days from the date of their filing, unless the seller and the buyer agree on a longer period. After this period has expired, the consumer has the same rights as if it were a defect that cannot be removed.
9. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
9.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
9.2. The Buyer acknowledges that the software and other components forming the web interface of the store (including photographs of the goods offered) are protected by copyright. The Buyer undertakes not to perform any activity that could allow him or third parties to interfere or use the software or other components forming the web interface of the store without authorization.
9.3. When using the web interface of the store, the Buyer is not entitled to use mechanisms, software or other procedures that could have a negative impact on the operation of the web interface of the store. The web interface of the store may only be used to the extent that it does not prejudice the rights of other customers of the Seller and is in accordance with its purpose.
9.4. The Buyer acknowledges that the Seller is not responsible for errors arising from third party interference with the website or from the use of the website contrary to its intended purpose.
9.5. The Seller is not bound by any codes of conduct in relation to the Buyer within the meaning of the provisions of Section 1826, paragraph 1, letter e) of the Civil Code.
9.6 The seller is authorized to sell goods on the basis of a trade license. Trade license inspection is carried out within its scope by the relevant trade license office. Supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority, to a limited extent, carries out, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
9.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.
10. PROTECTION OF PERSONAL DATA AND SENDING OF COMMERCIAL COMMUNICATIONS
10.1. This part of the terms and conditions is covered in a separate document, Principles of Personal Data Protection and Processing.
11. SENDING COMMERCIAL COMMUNICATIONS AND COOKIES
11.1. This part of the terms and conditions is covered in a separate document, Principles of Personal Data Protection and Processing.
12. DELIVERY
12.1. The Buyer may be delivered to the e-mail address specified in his user account or specified by the Buyer in the order.
13. FINAL PROVISIONS
13.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights arising from generally binding legal regulations.
13.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions. Amendments and supplements to the purchase contract or Terms and Conditions shall be in writing.
13.3. If the buyer is a legal entity or a person who, when ordering goods, acts in the course of his business activity or in the course of his independent profession, some different provisions apply to the contractual relationship between the seller and this buyer, described below:
- Unless otherwise stated in the manufacturer's warranty conditions, the warranty period is 6 months from the date of receipt of the goods by the buyer.
- the provisions of Article 5 on Withdrawal from the contract do not apply
- Purchased goods cannot be returned
- In the event of cancellation of a reserved order or return of goods, the seller may require the buyer to pay a cancellation fee of up to 10% of the total purchase price of the goods from the order.
- Article 7.4 is excluded from the section "Rights from defective performance".
- In the event of a justified complaint, the buyer is not entitled to reimbursement of shipping costs
13.4. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
13.5. In the event that a consumer dispute arises between the e-shop operator and the consumer from a purchase contract or a contract for the provision of services, which cannot be resolved by mutual agreement, the consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court resolution of consumer disputes, which is
Czech Trade Inspection
Central Inspectorate – ADR Department
Stepanska 15
120 00 Prague 2
Email: adr@coi.cz; Website: adr.coi.cz
13.6. The appendix to the terms and conditions consists of a sample form for withdrawal from the purchase contract
13.7. Seller's contact details: delivery address: Zídekhk sro, Klacovská 56/2, 503 11 Hradec Králové 15, e-mail address eshop@zidekhk.com, telephone +420 606 840 365.
13.8. These terms and conditions are valid and effective in the wording stated on the Seller's website on the day the electronic order is sent by the Buyer. These terms and conditions and the complaints procedure come into effect on October 9, 2023. Changes to the terms and conditions and complaints procedure are reserved.
In Prague on January 2, 2024
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, a sample instruction on the right of withdrawal is part of the general terms and conditions.