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Company info Trading terms and conditions

Trading terms and conditions

 
TRADING TERMS AND CONDITIONS 

Business company: Vladimir Fucik 

Based in: Sadova 1469, Humpolec, 396 01 

Identification number: 63256118 registered in municipality Humpolec ZU-F/0095/96-Ki for the purpose of selling goods via on-line shop which is located on this internet address: www.vffoto.com and www.vffoto.sk 

1. OPENING PROVISION 

1.1. These trading terms and conditions (hereafter referred to as "trading terms and conditions") for the business company Vladimir Fuci'k, based in Sadova 1469, Humpolec, identification number: 63256118, registered in municipality Humpolec ZU-F/0095/96-Ki (hereafter referred to as "seller") are adjusting, in accordance with the provision § 1751 (1) of the law number 89/2012 Sb., Civil code (hereafter referred to as ,,Civil code"), the mutual rights and duties between the contracting parties that are related to or based on the contract of sale (hereafter referred to as "contract of sale") which is being concluded between the seller and another physical person (hereafter referred to as "purchaser") via the seller's internet shop. The seller's internet shop is being operated on the website located on the internet address: www.vffoto.com or www.vffoto.sk (hereafter referred to as "website") via the website's interface (hereafter referred to as "the web's interface of the trade"). 

1.2. Trading terms and conditions do not apply to cases where the person who intends to buy goods from the sellers is a juridical person or a person who is ordering the goods within his/her business activity or within his/her independent exercise of a profession. 

1.3. In the contract of sale might be arranged provisions which would differ from the trading terms and conditions. In that case, the differing provisions in the contract of sale take precedence over the provisions of the trading terms and conditions. 

1.4. The provisions of the trading terms and conditions are part and parcel of the contract of sale. The contract of sale and the trading terms and conditions are established in the Czech language. The contract of sale might be concluded in the Czech language. 

1.5. The seller is able to change or add the text concerning the trading terms and conditions. This provision does not have impact on the rights and duties which have arisen during the time of validity of the preceding text about trading terms and conditions. 

2. USER'S ACCOUNT 

2.1. In case that the purchaser makes a registration on the website, he/she can approach his/her user interface. From his/her user interface, the purchaser can order the goods (hereafter referred to as "user's account"). The purchaser can order the goods without the registration in case that the web interface allows ordering the goods without a registration and directly from the web's interface of the shop. 

2.2. When making a registration on the website and ordering goods, the purchaser has to state all the information truly and correctly. If there is any change in the user's account's information, it is the purchaser's duty to update that information. The seller considers as right those information about the purchaser, which are given in the user's account and by ordering goods. 

2.3. The access to the user's account is secured via user's name and password. It is the purchaser's duty to not to tell anyone about the information which are necessary for the access to his/her user's account. 

2.4. The purchaser is not competent to allow a third party to access the user's account. 

2.5. The seller may cancel the user's account especially in that case when the purchaser hasn't been using his/her user's account for more than 2 years or if the purchaser breaks his/her duties given in the contract of sale (including trading terms and conditions). 

2.6. The purchaser acknowledges that the user's account might not be accessible all the time. Especially in cases of the necessary maintenance of the hardware and software equipment of the seller, eventually the necessary maintenance of the hardware and software equipment of the third parties. 

3. CONCLUDING OF THE CONTRACT OF SALE 

3.1. All of the presentation of the goods places in the web interface of the store is only informative and it is not the seller's obligation to conclude a contract of sale concerning these goods. Section § 1731 (2) of the Civil code won't be applied.
3.2. Web interface of the store contains information about the goods, including prices of the particular product and the costs for returning the goods in case that the goods cannot be returned via post. Prices of the goods given include value added tax and all related fees. Goods' prices remain valid for as long as they are being displayed in the web interface of the store. This provision does not limit the seller's possibility to conclude a contract of sale within individually negotiated terms. 

3.3. Web interface of the store includes information about the costs related to packing and delivering the goods. The information about the costs related to packing and delivering the goods which are presented in the web interface of the store are valid only in that case if the goods is being delivered within the territory of the Czech Republic. 

3.4. When ordering the goods, the purchaser has to fill in an order form which is in the web interface of the store. The order form contains especially information about:
 
3.4.1. the ordered goods (the purchaser "puts" the ordered goods into an digital shopping cart in the web interface of the store), 

3.4.2. the method of payment for the purchase price of the goods, information about the required method of delivery of the ordered goods and 

3.4.3. information about the costs related to delivering the goods (hereafter referred to as "the order").

3.5. Before sending the order to the seller, the purchaser is allowed to check and change the information which the purchaser has filled in the order form; the purchaser can find out and correct mistakes that have occurred when entering the information into the order. The purchaser sends the order to the seller when clicking on the "Close the order" button. The seller regards all the information given in the order as right. After receiving the order, the seller approves the order via e-mail without delay and on the purchaser's e-mail address given in the user's account or in the order (hereafter referred to as "purchaser's e-mail address"). 

3.6. The seller is always competent to ask the purchaser for an additional confirmation of the order (i.e. in writing or by phone), depending on the nature of the order (amount of the goods, purchase price, assumed transport's costs). 

3.7. The contractual relationship between the seller and the purchaser arises in the moment of delivery of the acceptance of the order which is sent to the purchaser by e-mail to the purchaser's e-mail address.
 
3.8. The purchaser agrees to use long-distance communication remotes when concluding the contract of sate. The costs of the purchaser arising when using long-distance communication remotes concluding the contract of sale (costs of the internet connection, costs of the phone calls) are being covered by the purchaser himself and these costs do not differ from the basic rate. 

4. PRICE OF THE GOODS AND THE PAYMENT TERMS AND CONDITIONS 

4.1. According to the sales agreement/ the purchaser might pay to the seller for the goods and for the additional delivery costs using following methods: 

Cash on delivery in the place given by the purchaser in the order; 

Direct debit to the seller's account  IBAN: CZ3920100000002200058521, BIC code: FIOBCZPPXXX kept at FIO banka a.s. (hereafter referred to as "seller's account"); 

Cashless using the credit card in the B-payment system (from 15.6. 2018). 

4.2. Together with the purchase price, the purchaser has to pay to the seller also for the costs concerning packing and delivering the goods in the amount given in the contract of sale. Unless otherwise specified, the purchase price includes also the costs concerning delivering of the goods.
 
4.2.1. After preceding "direct debit", the goods can be picked up only at the address of the main place of the business: Vladimir Fucik - VFFOTO , Palackeho 834, 396 01 Humpolec. No postage is being charged to the customer in this case.
 
4.3. The seller does not ask the purchaser for a deposit or for another similar payment. This does not apply to the provision section 4.6. of the trading terms and conditions about the duty to pay for the goods in advance. 

4.4. In the case of cash on delivery, the purchase price will be paid at the moment of accepting the delivery. In the case of a cashless payment, the purchase price must be paid within 14 days from the moment of conclusion of the contract of sale. 

4.5. In the case of a cashless payment, the purchaser has to pay for the purchase price of the goods together with stating the variable symbol of the payment. In the case of a cashless payment, the purchaser's liability to pay for the purchase price is met at the moment when the relevant sum of money is credited to the seller's account. 

4.6. In case when there is no additional confirmation of the order from the purchaser (section 3.6), the seller is entitled to ask for paying for the whole sum of money before sending the goods to the purchaser. Paragraph 2119 (1) of the Civil code won't be applied. 

4.7. Potential sates from the price of the goods that the seller provides to the purchaser cannot be combined. 

4.8. If it is usual in the trade connection or if it is established by the generally obligatory juridical regulations, the seller makes out to the purchaser a tax document - invoice - about the payments made under the contract of sale. The seller IS a payer of Value Added Tax. The seller makes out the tax document - invoice - for the purchaser after the payment of the price of the goods; this document will be send to the purchaser's email. 

5. WITHDRAWAL FROM THE CONTRACT OF SALE 

5.1. The purchaser takes into account that, according to the provision of paragraph 1837 of the Civil code, it is not possible to withdraw from the contract of sale about the delivery of the goods which has been adjusted according to the purchaser's wish, from the contract of sale about the delivery of the perishables as well as about the goods which has been irretrievably mixed up with another goods after the delivery, from the contract of sale about the delivery of the goods packed in a closed package which has the consumer taken out of the package and because of the hygienic reasons, it is not possible to return this type of goods; and from the contract of the sale about the delivery of the audio or video recording or a computer program, in case that the consumer has damaged its original package. 

5.2. In case that it is not the case which is the article 5.1. of the trading terms and conditions referring to, or another case where there it is not possible to withdraw from the contract of sate, the purchaser has, in compliance with the provision paragraph 1829 (1) of the Civil code, the right to withdraw from the contract of sale within 14 days after the conclusion of the contract of sale; in case that the subject of the contract of the sale contains several types of goods or delivery of several parts, the notice period is being counted from the moment of taking the last delivery of the goods. A withdraw from the contract of sale must be sent from the purchaser to the seller in the notice period given in the previous sentence. For a withdraw from the contract of sale, the purchaser can use a sample form providing by the seller which is an attachment of the trading terms and conditions. The purchaser can send the withdraw from the contract of sale to the address of the place of business of the seller or to the seller's e-mail. 

5.3. In the case of a withdraw from the contract of sale, according to the article 5.2. of the trading terms and conditions, the contract of sale is being cancelled from the beginning. The goods must be returned to the seller within 14 days from the withdraw from the contract of sale. If the purchaser withdraws from the contract of the sale, the purchaser covers the costs concerning returning the goods to the seller, even if the goods cannot be returned via postal service because of its character. 

5.4. In the case of a withdraw from the contract of sale, according to the article 5.2. of the trading terms and conditions, the seller returns all of the money received from the purchaser within 14 days from the withdraw from the contract of sale to the purchaser by the same way that the seller has received it from the purchaser. Also, the seller has to return the execution provided by the purchaser already by returning the goods by the purchaser or in different way, in case that the purchaser will agree with it and in case that there won't be any other costs arising to the purchaser. In case that the purchaser withdraws from the contract of sale, the seller does not have to return the received money earlier than after the purchaser returns the goods back to the seller or after the purchaser proves that the goods has been sent to the seller. 

5.5. The seller is entitled to set one-sidedly the claim for the compensation of the damage which has arisen on the goods against the claim of the purchaser on returning the purchase price. 

5.6. In cases when the purchaser has the right to withdraw from the contract of sale, according to the provision in paragraph 1829 (1) of the Civil code, the seller is also entitled to withdraw from the contract of sale anytime, until the moment when the purchaser takes the delivery. In that case, the seller returns the purchase price back to the purchaser without delay, cashless and to the account given by the purchaser. 

5.7. If there is a gift which is provided to the purchaser together with the goods, the gift contract between the seller and the purchaser is concluded with a condition subsequent that in case of the purchaser's withdraw from the contract of sale, the gift contract about such a present is not valid anymore and the purchaser has to return the provided gift back to the seller together with the goods.

6. TRANSPORT AND DELIVERY OF THE GOODS 

6.1. In case that the way of transport is agreed upon by the purchaser's special request, the purchaser is carrying a risk and eventual additional costs associated with this way of transport. 

6.2. In the case that the seller is obliged, according to the contract of sale, to deliver the goods to the place given by the purchaser; the purchaser is obliged to take the delivery of the goods white delivering. 

6.3. In the case that the goods has to be delivered repeatedly or in another way than it is given in the order because of the purchaser's reasons, the purchaser is obliged to pay for the costs associated with the repeatedly delivering of the goods; more precisely for the costs associated with another way of delivering. 

6.4. While taking delivery from the carrier, the purchaser is obliged to check whether the package of the goods is damaged and in case of any complications, the purchaser has to report it to the seller. In case that the purchaser finds a damage of the package which shows an unwarranted opening of the package, the purchaser does not have to take the delivery from the carrier. 

6.5. Other rights and duties of the parties when taking the delivery can be adjusted via special delivery terms and conditions of the seller, if the seller issues them. 

7. RIGHTS FROM A DEFECTIVE EXECUTION 

7.1. The rights and duties of the contracting parties concerning rights from a defective execution follow the relevant generally obligatory juridical regulations (especially provisions § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil code and the law, par. 634/1992, about the protection of the consumer, as amended by the latter regulations). 

7.2. The seller is responsible to the purchaser that the goods do not have any defects at the moment of delivery. Especially the seller is being responsible to the purchaser that in the moment of taking the goods by the purchaser:
 
7.2.1. the goods has certain qualities according to the provision between the two parties, and if there is no such a provision, then the goods has qualities that were described by the seller or by the producer or that the purchaser was expecting, according to the nature of the goods and the advertisement, 

7.2.2. the goods is suitable for the purpose which was given by the seller or to which is such a goods usually being used, 

7.2.3. the quality or the design of the goods fits the contractual model in case that the quality or the design of the goods was defined by the contractual model 

7.2.4. the goods meets the requirements of amount, size or weight and 

7.2.5. the goods suits the requirements of the juridical prescriptions.

7.3. If the defect shows within six months from the moment of taking the delivery, the goods are deemed to be defective in the moment of taking the delivery. The purchaser is entitled to claim the right from the defect that occurs by the consumer goods within twenty-four months from the moment of taking the delivery. 

7.4. The Seller has the obligations of defective performance to at least the extent to which the manufacturer's obligations arising from defective performance persist. The Buyer is otherwise entitled to exercise the right of defect that occurs for consumer goods within 24 months of receipt. If the goods being sold, on the packaging, in the instructions attached to the goods or in advertising in accordance with other legislation, the terms of the quality guarantee shall apply. By guaranteeing the quality, the Seller undertakes that the goods will be fit for normal use for a certain period of time or that they will retain their usual characteristics. If the buyer rightly defects the goods to the seller, the period for exercising the rights of defective performance does not run nor the warranty period for the period for which the buyer can not use the defective goods. 

7.5. The provisions set out in article 7.4 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 the wear and tear of the goods caused by its normal use. the buyer, or if it is the nature of the goods. The buyer is not entitled to the right of defective performance if the buyer knew that the goods had a defect or if the buyer caused the defect before taking over the goods.

7.6. The rights of liability for defects in goods are exercised by the seller. If, however, a certificate issued to the seller regarding the extent of the liability for defects (within the meaning of Section 2166 of the Civil Code) specifies another person designated for repair, which is in the place of the seller or in the place for the buyer, the buyer shall apply the right to repair it who is intended to perform the repair. Except in the case where another person is designated to perform the repair according to the previous sentence, the Seller is obliged to accept a complaint in any establishment in which acceptance of the claim is possible with respect to the range of products sold or services provided, possibly also in the registered office or place of business. The seller is obliged to issue to the buyer a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what manner of settlement of the claim the buyer requires; and a confirmation of the date and manner of settling the claim, including confirmation of the repair and its duration, or a written justification for rejecting the claim. This obligation also applies to other persons designated by the seller to perform the repair.

7.7 Rights of liability for defects of goods can be specifically claimed by the buyer in person at: VFFOTO - Vladimír Fučík, Palackého 834, 396 01 Humpolec, Czech Republic, by phone: +420 731 474 681, or by e-mail at: info@vffoto.com .
 
7.8. The buyer shall inform the Seller of the right he has chosen, upon notification of the defect, or without undue delay after the defect has been notified. The buyer cannot change the choice made without the Seller's consent; this does not apply if the buyer has requested the repair of a defect that proves irreparable.
 
7.9. If the goods do not have the properties specified in Article 7.2 of the Terms and Conditions, the buyer may also request delivery of new goods free of defects, unless it is disproportionate to the nature of the defect, but if the defect only affects the goods, the buyer may only require replacement of the component; if this is not possible, he may withdraw from the contract. However, if this is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to a free removal of the defect. The buyer has the right to deliver new goods or to replace the part even in the case of removable defect, if the goods cannot be used properly for repeated occurrence of defect after repair or for a greater number of defects. In this case, the buyer has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, replacement of its parts or repair of the goods, he may request a reasonable discount. The buyer has the right to a reasonable discount even if the seller is unable to deliver new goods without defects, to replace its part or to repair the goods, as well as if the seller fails to remedy the situation within a reasonable period of time or that the remedy would cause significant problems to the buyer.

7.10. 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. OTHER RIGHTS AND DUTIES OF THE CONTRACTING PARTIES 

8.1. The purchaser gains the possession of the goods in the moment of paying the whole purchase price of the goods. 

8.2. In the relationship to the purchaser, the seller is not bounded by any code of behavior in the sense of provision § 1826 (1, e) of the Civil code.

8.3. Consumer complaints are handled by the seller via e-mail: info@vffoto.com. Seller will send the processing information to the buyer's email address.

8.4. The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The online dispute resolution platform located at: https://ec.europa.eu/consumer/odr can be used to resolve disputes between the seller and the buyer from the purchase agreement.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, web address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No.524 / 2013 of the European Parliament and of the Council of 21 May 2013 on online consumer dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (on online consumer dispute resolution).

8.6. 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 relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
 
 
9. PROTECTION OF PERSONAL DATA
9.1. Its duty to inform the purchaser in accordance with Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the "GDPR Regulation") relating to the processing of the Buyer's personal data for the purpose of performance of the Purchase Agreement, for the purposes of negotiating this Agreement and for the purposes of the Seller's performance of public service obligations through a separate document.


10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees with sending commercial communications to the electronic address or to the buyer's phone number. The Seller delivers his / her information duty to the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.

10.2. Buyer agrees to store so-called cookies on his computer. If the purchase on the website can be made and the seller's obligations under the purchase contract are fulfilled without the so-called Cook's on the buyer's computer being deposited, the buyer may withdraw the consent under the previous sentence at any time.


11. DELIVERY
11.1. The buyer may be delivered to the buyer's e-mail address: invoices, additional information requested by the buyer and newsletter (Newsletter).


12. FINAL PROVISIONS
12.1 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. By choosing the law under the preceding sentence, the consumer who is a consumer is not deprived of the protection conferred by the provisions of the law, which cannot be contractually departed from, and which, in the absence of a choice of law, would otherwise apply under Article 6 (1) of the 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).

12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes, instead of the invalid provision, a provision whose meaning to the invalid provision is as close as possible. 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. Annex to the Business Terms and Conditions forms a model form for withdrawal from the purchase contract.

12.5. Seller's contact details: delivery address: VFFOTO- Vladmír Fučík, Palackého 834 Humpolec, 396 01, Czech republic, e-mail address: info@vffoto.com, phone: +420 731 474 681.


Humpolec 15th of June 2019

FORMS:
1) Returned goods
2) complaint form