Business Terms and Conditions
These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of the company GRUNTOVAČKA s.r.o. with its registered office at 4 května 352, 755 01 Vsetín, identification number: 09201441, registered in the Commercial Register kept at the Regional Court in Ostrava under file number C 82363 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at www.tpcbike.cz (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").
1.1 The Terms and Conditions do not apply if the person who intends to purchase goods from the Seller is a legal person or a person who acts in the course of ordering goods in the course of his/her business or in the course of his/her independent exercise of his/her profession.
1.2 Provisions deviating from the terms and conditions may be agreed in the contract of sale. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.3 The provisions of the terms and conditions are an integral part of the purchase contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Agreement may be concluded in the Czech language.
1.4 The Seller may change or supplement the wording of the Terms and Conditions. This provision shall not affect the rights and obligations arising during the period of effectiveness of the previous version of the Terms and Conditions.
2.1 On the basis of the Buyer's registration made on the Website, the Buyer may access its user interface. From his user interface, the Buyer can place orders for goods (hereinafter referred to as "user account"). If the web interface of the Shop allows it, the Buyer can also order goods without registration directly from the web interface of the Shop.
2.2 When registering on the website and when ordering goods, the Buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the information provided in the User Account whenever it changes. The information provided by the Buyer in the user account and when ordering goods shall be deemed correct by the Seller.
2.3 Access to the user account is secured by a user name and password. The Buyer is obliged to maintain the confidentiality of the information necessary to access his user account.
2.4 The Buyer is not entitled to allow third parties to use the user account.
2.5 The Seller may terminate the user account, in particular if the Buyer does not use his user account for more than 2 years, or if the Buyer breaches his obligations under the Purchase Agreement (including the Terms and Conditions), or if the Seller changes the technology to one incompatible with the previous system.
2.6 The Buyer acknowledges that the User Account may not be available continuously, in particular with regard to necessary maintenance of the Seller's hardware and software equipment or necessary maintenance of hardware and software equipment of third parties.
2.7 The Seller is not liable for the functionality of the customer account and reserves the right to change the functionality of the user account without prior notice.
CONCLUSION OF THE PURCHASE CONTRACT
3.1 All presentation of the goods placed in the web interface of the shop is informative and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.
3.2 The web interface of the shop shall contain information about the goods, including the prices of the individual goods and the costs for returning the goods if the goods cannot be returned by the usual postal method by their nature. The prices of the goods are inclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.
3.3 The web interface of the shop also contains information on the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods provided in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4 To order goods, the Buyer shall fill in the order form in the web interface of the Shop. The order form contains in particular information about:
- 3.4.1. the goods ordered (the buyer "inserts" the ordered goods into the electronic shopping cart of the web interface of the store)
- 3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods
- 3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").
3.5 The Buyer shall send the Order to the Seller by clicking on the "Finish" button. The information provided in the Order is deemed correct by the Seller. The Seller shall confirm receipt of the Order to the Buyer immediately upon receipt by e-mail to the Buyer's e-mail address specified in the User Account or in the Order (hereinafter referred to as the "Buyer's e-mail address").
3.6 Depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs), the Seller is always entitled to ask the Buyer for additional confirmation of the order (e.g. in writing or by telephone).
3.7 The contractual relationship between the Seller and the Buyer shall be established by the delivery of the acceptance of the order (acceptance), which is sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.
3.8 The Buyer agrees to the use of remote means of communication in concluding the purchase contract. The costs incurred by the Buyer in the use of remote means of communication in connection with the conclusion of the Purchase Contract (costs of internet connection, costs of telephone calls) shall be borne by the Buyer himself and shall not differ from the basic rate.
3.9 The Seller reserves the right to cancel an order for goods that are sold for less than 10% of the normal price or if they are sold for less than 30 CZK (the price of transport is not considered as the price of the goods).
3.10 The Seller reserves the right to cancel an order for goods for which more than one discount voucher has been applied.
PRICE OF GOODS AND PAYMENT TERMS
4.1 The Buyer may pay the price of the Goods and any costs associated with the delivery of the Goods under the Purchase Contract to the Seller in the following ways:
- cash on delivery at the place specified by the Buyer in the order;
- in cash by credit card through the payment system .
4.2 Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.
4.3 The Seller does not require a deposit or any other similar payment from the Buyer. This is without prejudice to 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. In the case of non-cash payment, the purchase price is due within 2 working days from the conclusion of the purchase contract.
4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. 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.
4.6 The Seller shall be entitled, in particular in the event that there is no additional order confirmation by the Buyer (Article 3.6), to require payment of the full purchase price before the goods are dispatched to the Buyer. Section 2119 (1) of the Civil Code shall not apply.
4.7 Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined.
4.8 If it is customary in the course of business or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement. The Seller is a payer of value added tax. The Seller shall issue the tax document - invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's electronic address.
- WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a contract of sale for the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, a contract of sale for the supply of perishable goods, as well as goods, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of an audio or visual recording or a computer program if the consumer has damaged the original packaging.
5.2 Unless the case referred to in Article 5.1 or any other case where the Purchase Contract cannot be withdrawn from, the Purchaser shall have the right to withdraw from the Purchase Contract within thirty (30) days of receipt of the Goods in accordance with the provisions of Section 1829(1) of the Civil Code, provided that if the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. The cancellation of the purchase contract must be sent to the Seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer may use the sample form which can be downloaded from Here. Withdrawal from the purchase contract can be sent by the buyer, inter alia, to the seller's business address or to the seller's e-mail address email@example.com
5.3. V případě odstoupení od kupní smlouvy dle čl. 5.2 obchodních podmínek se kupní smlouva od počátku ruší. Zboží musí být prodávajícímu vráceno do čtrnácti (14) dnů od odstoupení od smlouvy prodávajícímu. Odstoupí-li kupující od kupní smlouvy, nese kupující náklady spojené s navrácením zboží prodávajícímu, a to i v tom případě, kdy zboží nemůže být vráceno pro svou povahu obvyklou poštovní cestou.
5.4. V případě odstoupení od smlouvy dle čl. 5.2 obchodních podmínek vrátí prodávající peněžní prostředky přijaté od kupujícího do čtrnácti (14) dnů od odstoupení od kupní smlouvy kupujícím. V případě uhrazení zboží na dobírku bude peněžní prostředky vráceny na bankovní účet v ostatních případech budou vráceny stejným způsobem, jakým je prodávající od kupujícího přijal. Prodávající je taktéž oprávněn vrátit plnění poskytnuté kupujícím již při vrácení zboží kupujícím či jiným způsobem, pokud s tím kupující bude souhlasit a nevzniknou tím kupujícímu další náklady. Odstoupí-li kupující od kupní smlouvy, prodávající není povinen vrátit přijaté peněžní prostředky kupujícímu dříve, než mu kupující zboží vrátí nebo prokáže, že zboží prodávajícímu odeslal.
5.5. Nárok na úhradu škody vzniklé na zboží je prodávající oprávněn jednostranně započíst proti nároku kupujícího na vrácení kupní ceny.
5.6. V případech, kdy má kupující v souladu s ustanovením § 1829 odst. 1 občanského zákoníku právo od kupní smlouvy odstoupit, je prodávající také oprávněn kdykoliv od kupní smlouvy odstoupit, a to až do doby převzetí zboží kupujícím. V takovém případě vrátí prodávající kupujícímu kupní cenu bez zbytečného odkladu, a to na účet určený kupujícím v případě platby při převzetí (dobírka). V případě platby předem, prodávající vrátí kupní cenu stejným způsobem jako byla přijata, nebo na bankovní účet kupujícího, přičemž volba je na prodávajícím.
5.7. Je-li společně se zbožím poskytnut kupujícímu dárek, je darovací smlouva mezi prodávajícím a kupujícím uzavřena s rozvazovací podmínkou, že dojde-li k odstoupení od kupní smlouvy kupujícím, pozbývá darovací smlouva ohledně takového dárku účinnosti a kupující je povinen spolu se zbožím prodávajícímu vrátit i poskytnutý dárek.
5.8. Prodávající si vyhrazuje právo zrušit objednávku zboží, na které bylo uplatněno více slevových kuponů než jeden, nebo pokud je použita více jak 20% sleva na již zlevněné zboží.
TRANSPORT AND DELIVERY OF GOODS
6.1 In the event that the method of transport is agreed upon at the specific request of the Buyer, the Buyer shall bear the risk and any additional costs associated with this method of transport.
6.2 If the seller is obliged under the contract of sale to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the goods on delivery. If the Buyer fails to take delivery of the goods on delivery, the Seller shall be entitled to withdraw from the Purchase Contract. If the Buyer fails to take delivery of the goods, the Seller is further entitled to place the Buyer on the list of unreliable buyers (hereinafter referred to as the "blacklist"), whereby all buyers on the blacklist are obliged to pay in advance without cash to the Seller's account in the event of further purchase.
6.3 In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way 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 Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event that the packaging is found to be damaged, indicating unauthorised intrusion into the shipment, the Buyer may not accept the shipment from the carrier. Subsequent claims will not be taken into account.
6.5 Further rights and obligations of the parties in the carriage of goods may be regulated by the Seller's special delivery conditions, if issued by the Seller.
RIGHTS ARISING FROM DEFECTIVE PERFORMANCE
7.1 The rights and obligations of the parties with regard to rights of defective performance are governed by the relevant generally binding legal provisions (in particular the provisions of Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended)
7.2 The Seller shall be liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller shall be liable to the Buyer that at the time the Buyer accepted the goods:
- 7.2.1. the goods have the characteristics agreed between the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them,
- 7.2.2. the goods are fit for the purpose for which the seller states they are to be used or for which goods of that kind are usually used,
- 7.2.3. the goods correspond in quality or workmanship to the agreed sample or specimen if the quality or workmanship was determined by reference to the agreed sample or specimen,
- 7.2.4. the goods are in the appropriate quantity, measure or weight; and
- 7.2.5. the goods comply with the requirements of the legislation.
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 to the defect for which the lower price was agreed, to wear and tear caused by normal use of the goods, to a defect in second-hand goods corresponding to the level of use or wear and tear which the goods had when taken over by the buyer, or if this results from the nature of the goods.
7.4 If the defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The buyer is entitled to assert a right under a defect that occurs in consumer goods within twenty-four months of receipt.
7.5 The Buyer shall assert the rights arising from defective performance at the Seller's business address where the acceptance of the claim is possible with regard to the range of goods sold, or at the registered office or place of business.
7.6 Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.
OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1 The Buyer acquires ownership of the Goods upon payment of the full purchase price of the Goods.
8.2 The Seller shall not be bound by any codes of conduct in relation to the Buyer within the meaning of Section 1826(1)(e) of the Civil Code.
8.3 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the Purchase Contract.
8.4 The Seller is authorised to sell goods on the basis of a trade licence. Trade control is carried out within the scope of its competence by the competent trade office. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within a defined scope.
8.5 The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.
9.1 Protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
9.2 The Buyer consents to the processing of the following personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number and date of birth (hereinafter collectively referred to as "personal data").
9.3 The Buyer consents to the processing of Personal Data by the Seller for the purposes of exercising the rights and obligations under the Purchase Agreement and for the purposes of maintaining the User Account. Unless the Buyer chooses otherwise, the Buyer also consents to the processing of personal data by the Seller for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself prevent the conclusion of the purchase contract.
9.4 The Buyer acknowledges that he is obliged to provide his personal data (during registration, in his user account, when placing an order from the web interface of the shop) correctly and truthfully and that he is obliged to inform the Seller without undue delay of any change in his personal data.
9.5 The Seller may delegate the processing of the Buyer's personal data to a third party processor. Except for the persons transporting the goods, personal data will not be passed on to third parties by the Seller without the Buyer's prior consent.
9.6 Personal data will be processed for an indefinite period of time. The personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7 The Buyer confirms that the personal data provided is accurate and that he/she has been informed that this is a voluntary provision of personal data.
9.8 In the event that the Buyer believes that the Seller or the Processor (Article 9.5) is carrying out processing of his/her personal data which is contrary to the protection of the Buyer's private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, the Buyer may:
- 9.8.1. ask the seller or processor for an explanation,
- 9.8.2. require the seller or processor to remedy the situation.
9.9 If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The Seller shall be entitled to charge a reasonable fee for the provision of the information pursuant to the preceding sentence, not exceeding the costs necessary to provide the information.
SENDING COMMERCIAL COMMUNICATIONS AND STORING COOKIES
10.1 The Buyer consents to the sending of information relating to the Seller's goods, services or business to the Buyer's electronic address and further consents to the sending of commercial communications by the Seller to the Buyer's electronic address.
10.2 The Buyer agrees to the storage of cookies on his/her computer. In the event that a purchase can be made on the website and the Seller's obligations under the Purchase Contract can be fulfilled without cookies being stored on the Buyer's computer, the Buyer may revoke the consent under the previous sentence at any time.
11.1 The Buyer may be served at the Buyer's electronic address.
12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation.
12.2 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 is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3 The Purchase Contract, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
12.4 Contact details of the Seller: delivery address GRUNTOVAČKA s.r.o., 4 května 352, 755 01 Vsetín, e-mail address: firstname.lastname@example.org phone +420 725 000 332
Ve Vsetíně 10.5.2021