wood.u sro with its registered office at Makovského 436, Nové Město na Moravě, 592 31 identification number: 06607241 for the sale of goods through the online store located at www.woodu.cz
These terms and conditions (the “Terms and Conditions”) of wood.u s.r.o. with its registered office at Makovského 436, Nové Město na Moravě, 592 31, identification number: 06607241 (hereinafter referred to as the “Seller”) shall be regulated in accordance with Section 1751 (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as the “Civil Code”) 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 Agreement”) concluded between the Seller and another natural person (hereinafter referred to as the “Buyer”) through the Seller's online store . The online store is operated by the Seller on a website located on the Internet address www.woodu.cz (hereinafter referred to as the “Website”) through the website interface (hereinafter referred to as the “Web Interface of the Store”).
The Terms and Conditions do not apply where a person who intends to purchase goods from the Seller is a legal entity or a person that acts when ordering goods in the course of their business or as a self-employed person.
Provisions different from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase agreement can be concluded in Czech.
The text of the Terms and Conditions may be amended or supplemented by the Seller. This provision shall be without prejudice to rights and obligations arising during the term of the previous version of the Terms and Conditions.
Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows this, the buyer can also order goods without registration directly from the web interface.
When registering on the website and ordering goods, the buyer is obliged to provide all information correctly and truthfully. The Buyer is obliged to update the data entered in the user account upon any change. The information provided by the buyer in the user account and when ordering the goods is considered correct by the seller.
User account access is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
The Buyer is not authorized to allow third parties to use the user account.
The Seller may terminate the User Account, especially if the Buyer has not used his User Account for more than 5 years or if the Buyer breaches his / her obligations under the Purchase Agreement (including Terms and Conditions).
The Buyer acknowledges that the user account may not be available at all times, especially with respect to the necessary maintenance of the hardware and software equipment of the Seller or the Seller. necessary maintenance of third party hardware and software.
CONCLUSION OF THE PURCHASE CONTRACT
All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
The web interface of the store contains information about the goods, including the prices of individual goods and the cost of returning the goods, if such goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. The prices of the goods remain valid as long as they are displayed in the shop's web interface. This provision does not limit the Seller's ability to conclude a purchase contract under individually negotiated terms.
The store web interface also contains information about the costs associated with packaging and shipping. Information on the costs associated with packaging and delivery of goods listed in the web interface of the store is valid only when the goods are delivered within the territory of the Czech Republic.
To order goods, the buyer fills in an order form in the web interface of the shop. The order form shall contain, in particular, information on:
ordered goods (the buyer "puts" the goods into the electronic shopping cart of the web interface of the store),
method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and
information on the costs associated with the delivery of the goods (collectively referred to as the "Order").
Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Confirm order" button. The data listed in the order they are deemed correct by the seller. The Seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the Buyer's e-mail address specified in the User Account or Order (hereinafter referred to as the “Buyer's E-mail Address”).
The Seller is always entitled to ask the Buyer for additional confirmation of the order (eg in writing or by telephone), depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs).
The contractual relationship between the Seller and the Buyer arises from the delivery of the acceptance of the order, which is sent by the Seller to the Buyer by electronic mail to the Buyer's email address.
The buyer agrees to use the means of distance communication when concluding the purchase contract. The costs incurred by the Buyer when using the means of distance communication in connection with the conclusion of the Purchase Agreement (Internet connection costs, telephone costs) shall be borne by the Buyer himself, and these costs do not differ from the standard rate.
PRICE OF GOODS AND PAYMENT CONDITIONS
The Buyer may pay the Seller the price of the goods and any costs associated with the delivery of the goods under the Purchase Agreement in the following ways:
cash on delivery at the location specified by the buyer in the order;
Wire Transfer to Seller's Account No. 670100-2211812702 / 6210 held with mBank (“Seller's Account”);
cashless via Paypal;
cashless credit card;
Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
The Seller does not require the Buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price in advance.
In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of a cashless payment, the purchase price is due within 10 days of the conclusion of the purchase contract.
In the case of a cashless 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 a cashless payment, the buyer's obligation to pay the purchase price is met when the relevant amount is credited to the seller's account.
The Seller is entitled, especially if the Buyer fails to confirm the order (Article 3.6), to request payment of the entire purchase price before sending the goods to the Buyer. The provisions of Section 2119 (1) of the Civil Code shall not apply.
Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
The Seller shall issue a tax document - invoice to the Buyer in respect of payments made under the Purchase Agreement, if this is customary in the course of trade or as stipulated by generally binding legal regulations. The seller is not a payer of value added tax. The Seller shall issue the invoice to the Buyer after payment of the price of the goods and send it in electronic form to the Buyer's email address.
WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a Purchase Contract for the supply of goods which has been modified according to the Buyer's wish or for him. as well as goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygiene reasons and from a contract for the supply of audio or video recordings or computer programs; if they violated their original packaging.
If this is not the case referred to in Article 5.1 of the Terms and Conditions or any other case where the purchase contract cannot be withdrawn, the Buyer has the right to withdraw from the purchase contract in accordance with Section 1829 (1) of the Civil Code. fourteen (14) days from receipt of the goods; if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the Buyer to, inter alia, the Seller's premises or the Seller's e-mail address firstname.lastname@example.org.
In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the Seller within fourteen (14) days of withdrawal from the contract to the Seller. If the buyer withdraws from the contract, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by their normal postal nature.
In the event of withdrawal 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 withdrawal from the Purchase Agreement by the Buyer in the same manner as the Seller accepted them from the Buyer. The Seller is also entitled to return the performance provided by the Buyer upon returning the goods by the Buyer or otherwise, if the Buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller.
The seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the buyer's claim for refund of the purchase price.
In cases where the Buyer has the right to withdraw from the Purchase Agreement in accordance with Section 1829 (1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer accepts the goods. In this case, the Seller shall return the purchase price to the Buyer without undue delay, by wire transfer to the Buyer's designated account.
If a gift is provided to the Buyer together with the goods, the gift contract between the Seller and the Buyer shall be concluded with the proviso that if the Buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. return the gift provided to the seller.
TRANSPORT AND DELIVERY OF GOODS
Where the mode of transport is negotiated on the basis of a special request from the buyer, the buyer bears the risk and any additional costs associated with that mode of transport.
If the Seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the Buyer in the Order, the Buyer is obliged to take the goods on delivery.
In the event that due to reasons on the part of the Buyer it is necessary to deliver the goods repeatedly or in any other way than stated in the order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, respectively. costs associated with any other delivery method.
Upon receipt of 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 notify the carrier immediately. In the event of a violation of the packaging that indicates unauthorized intrusion into the shipment, the buyer need not accept the shipment from the carrier.
Additional rights and obligations of the parties in the carriage of goods may be governed by the Seller's special delivery terms, if issued by the Seller.
DEFECTIVE PERFORMANCE RIGHTS
The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll. consumer protection, as amended).
The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer received the goods:
the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or the manufacturer or expected by the buyer due to the nature of the goods and the advertising they carry,
the goods are fit for the purpose stated by the seller or for which goods of this kind are normally used,
the goods correspond to the agreed specimen or template in terms of quality or workmanship, if the quality or workmanship was determined on the basis of the agreed specimen or model,
is the appropriate quantity, measure or weight, and
the goods comply with legal requirements.
The provisions referred to 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, to wear of the goods caused by its normal use, it was taken over by the buyer or if it is due to the nature of the goods.
If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The Buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
The Buyer shall assert the rights from defective performance at the Seller's address, where acceptance of the complaint is possible with respect to the assortment of the goods sold, possibly also at the registered office or place of business.
Other rights and obligations of the parties relating to the Seller's liability for defects may be governed by the Seller's Complaints Procedure.
OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the Buyer, the Seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
The Czech Trade Inspection, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No .: 000 20 869, the Internet address: http://www.coi.cz, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract. li>
The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765 (2) of the Civil Code.
PERSONAL DATA PROTECTION
The protection of the 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.
The Buyer agrees to the processing of his / her personal data: name and surname, home address, identification number, tax identification number, e-mail address, telephone number (collectively referred to as "Personal Data").
The Buyer agrees to the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the purchase contract and for the purpose of maintaining a user account. Unless the Buyer chooses otherwise, he agrees to the processing of personal data by the Seller also for the purpose of sending information and commercial communications to the Buyer. Consent to the processing of personal data in its entirety pursuant to this Article is not a condition that would in itself preclude the conclusion of a purchase contract.
The Buyer acknowledges that he / she is obliged to provide his / her personal data (upon registration, in his / her user account, when ordering from the store's web interface) correctly and that he / she is obliged to inform the Seller without undue delay of any changes in his / her personal data. .
The seller may authorize a third party to process the buyer's personal data as a processor. Except for persons transporting goods, personal data will not be passed on to third parties without the buyer's prior consent.
Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in printed form in a non-automated manner
The Buyer confirms that the personal information provided is accurate and that he / she has been advised that this is a voluntary disclosure of personal information.
Should the Buyer believe that the Seller or the processor (Article 9.5) is processing his personal data that is contrary to the protection of the Buyer's private and personal life or the law, especially if the personal data are inaccurate with regard to the purpose of their processing, may:
ask the seller or processor for an explanation
require the seller or processor to remedy the situation.
If the buyer asks for information about the processing of their personal data, the seller is obliged to provide this information. The seller has the right to request reasonable compensation not exceeding the costs necessary for providing the information pursuant to the preceding sentence.
SENDING BUSINESS MESSAGES AND STORING COOKIES
The Buyer agrees to receive information related to the Seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address.
The buyer agrees to the storage of cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without placing so-called cookies on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.
The buyer may be delivered to the buyer's email address.
If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legislation
If any provision of the Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall replace the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
The Purchase Agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
An annex to the Terms and Conditions is a sample withdrawal form.
Seller's contact details: delivery address Makovského 436, Nové Město na Moravě, 592 31, email address email@example.com, phone 731 609 563.