Terms and conditions

 

company

 

Zámek Jemniště Ltd.

 

based in: 1 Jemniště, Postupice, 257 01

 

identification number: 27882756

 

registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 123930

 

for the sale of goods via on-line shop at www.mysliveckamoda.cz and www.huntingdresscode.cz.

 

 

1. Introductory provisions

 

1.1. These terms and conditions (hereinafter "Terms and Conditions") of the company Zámek Jemniště Ltd., based in Jemniště 1, Postupice, 257 01, ID No.: 27882756, registered in the Commercial Register of the Municipal Court in Prague, Section C, Insert 123930 (hereinafter "Seller") govern the mutual rights and obligations of the parties arising in connection or on the basis of the purchase contract (hereinafter "Purchase Contract") concluded between the seller and any other person natural or juridical person (hereinafter "Purchaser") via  the online shop of the seller. The online shop is run by the seller at www.mysliveckamoda.cz and www.huntingdresscode.cz via web interface (hereinafter "Web-interface of the shop ").

1.2. Terms and Conditions also govern the rights and obligations of the parties in using the seller's website located at www.mysliveckamoda.cz and www.huntingdresscode.cz (hereinafter "Website") and related legal relationships. Terms and conditions are not applied to cases where a person who intends to purchase goods from the seller is acting in the purchase of goods under his/her business.

1.3. Provisions different from the terms and conditions can be agreed in the purchase contract. Different arrangements in the contract take precedence over the terms and conditions.

1.4. Provisions of the terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are written in the Czech language. The purchase contract can be concluded in the Czech language.

1.5. Amended terms and conditions may be changed or supplemented by the seller. These provisions do not influence the rights and obligations arising for the validity period of the previous version of terms and conditions.

 2. User account

2.1. Based on the registration by the purchaser on the website, the purchaser can access to his user interface. From own user interface the purchaser can order goods (hereinafter "User account"). In the case that the web interface allows, the purchaser may order goods without registration from the web interface of the store.

 

2.2. When you register on the website and while ordering goods, the purchaser is obliged to provide all correct and true data. In case of any change of the data entered to the user account the purchaser is obliged to update. The data enetered by the purchaser to the user account when ordering goods are believed by the seller to be correct.

2.3. Access to the user account is secured by username and password. The purchaser is obliged to maintain the confidentiality of the information necessary to access his user account and realizes that the seller is not responsible for breaching this obligation by the purchaser.

2.4. The purchaser is not entitled to allow the access to his user account to third parties.

2.5 The seller may cancel user account, especially if the user account is not used for more than three years, or if the purchaser breaches his obligations under the purchase contract (including terms and conditions).

2.6. The purchaser realizes that the user account may not be available all the time, especially with regard to the necessary maintenance of hardware and software of the seller, or necessary maintenance of hardware and software of third parties.

3. Concluding the purchase contract


3.1. The web interface provides a list of goods offered for sale by the seller, including the prices of individual goods. The prices of the offered goods are including the value added tax and all related charges. The offer for sale of goods and prices of goods are valid as long as they are displayed in the web interface. The seller is not limited by this regulation to conclude a purchase contract after individually negotiated terms. All offers to sell goods placed in the web interface of the shop are not binding and the seller is not obliged to conclude a purchase contract regarding this product.

3.2. The web interface of the shop also contains information about the costs related to packaging and delivery. Information about the costs related to packaging and delivery of the goods listed in the web interface of the shop is valid only in cases when the goods is delivered within the territory of the Czech Republic.

3.3. To order goods, the purchaser fills in the form in the web interface of the shop. The order form includes information about:

3.3.1. ordered goods (ordered goods is "inserted" by the purchaser into an electronic shopping bag in the web interface of the shop)

3.3.2. the method of payment of the purchase price of the goods, details about the method of delivery of ordered goods and

3.3.3. information about the costs related to the delivery of goods (hereinafter "Order").

3.4. Before sending the order to the seller the purchaser is allowed to check and change the data inserted into the order, and also with the regard to the purchaser's ability to detect and correct errors during entering the data into the order. The purchaser sends the order by clicking the "ORDER". The data entered into the order are believed for the seller to be correct. The seller immediately after receiving the order confirms this to the purchaser´s e-mail address entered into the user interface or into the order (hereinafter "Electronic address of the purchaser").

3.5. The seller is always entitled to, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), ask the purchaser for additional confirmation (e.g. written or telephone form).

6.3. The contractual relationship between the seller and the purchaser arises when the order is delivered and accepted, which is sent to the purchaser by e-mail, to the purchaser´s e-mail address.

3.7. The purchaser realizes that the seller is not obliged to conclude the purchase contract, especially with those who breached their obligations in relation to the seller.

3.8. The purchaser agrees with the use of means of distance communication while concluding the purchase contract. Costs arisen to the purchaser when using the means of distance communication in connection with concluding the purchase contract (the cost of internet access, telephone costs) are paid by the purchaser himself.

 

4. The price of goods and payment terms


4.1. The price of goods and any costs related to the delivery of goods under the purchase contract can be paid by the purchaser the following ways:

* In cash by the seller at Jemniště 1, Postupice, 257 01;

* Cash on delivery at the location specified by the purchaser in the purchase order;

* Bank transfer to the account of the seller No. 43-9910930267/0100 at the company Komerční banka plc. (Hereinafter "Seller´s Account");

* Cashless by payment card;

4.2. With the purchase price the purchaser is obliged to pay the costs related to the packaging and delivery at an agreed rate. Unless it is expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.

4.3. In case of payment in cash or in case of payment on delivery, the purchase price is due for payment while accepting delivery. In case of non-cash payment, the purchase price is due for payment within 5 days of the purchase contract.

4.4. In case of non-cash payment, the purchaser is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In case of non-cash payment the liability is met at the time when the appropriate payment is credited to the seller´s account.

4.5. The seller is entitled, especially in the case, that the purchaser does not additionally confirm the order (Article 3.5), to require the payment of the full purchase price before sending the goods to the purchaser.

4.6. Any price discounts of goods by the seller to the purchaser can not be combined.

4.7. If it is common or enacted by legal regulations, the seller issues regarding the payments under the purchase contract for the purchaser the tax document – the invoice. The seller is the payer of the value added tax. The tax document - the invoice is issued by the seller to the purchaser after payment the price of goods and sends electronically to the email address of the purchaser.

5. Contract withdrawal

5.1. The purchaser realizes that in accordance with the provision § 53 paragraph 8 of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter "Civil Code"), apart from the others, it is not allowed to withdraw from the purchase contract for the delivery of goods made according to wishes of the purchaser, as well as goods which is liable to rapid deterioration, wear and tear or getting outdated, as well as it is not allowed to withdraw from the purchase contract for the delivery of audio and video recordings and computer programs, if the consumer damages their original packaging, as well as with the delivery of newspapers, periodicals and magazines.

5.2. If this is not the case referred in Article 5.1. or the other when you can not withdraw from the purchase contract, the purchaser has got in accordance with the provision § 53 paragraph 7 of the Civil Code, the right to withdraw from the purchase contract, within fourteen (14) days after receiving goods. Withdrawal from the contract must be delivered to the seller within fourteen (14) days after receiving goods. Withdrawal from the contract may be sent to the seller´s address or the seller's e-mail address .

5.3. In case of withdrawal under Article 5.2. of the terms and conditions, the purchase contract is canceled from the beginning. Goods must be returned to the seller within 7 working days from sending off the withdrawal to the seller. Goods must be returned to the seller undamaged and, if possible, in the original packaging.

5.4. Within fifteen (15) days from the return of goods by the purchaser in accordance with Article 5.3., the seller is entitled to examine the returned goods, especially in order to determine whether the returned goods is not damaged, worn or partially consumed.

5.5. In case of withdrawal under Article 5.2. of the terms and conditions, the seller returns payment to the purchaser within ten (10) days from the deadline for goods examination according to Article 5.4. of the terms and conditions, but not later than thirty (30) days from receiving the withdrawal to the purchaser, the payment will be transferred to the purchaser´s bank account. The seller is also entitled to return to the purchaser payment which was provided while the return of the goods.

5.6. The purchaser realizes that if the goods returned by the purchaser will be damaged, worn or partially consumed, the seller is entitled to demand the compensation of the damage. The right to the compensation of the damage is the seller entitled to include against the purchaser's right for refund of the purchase price.

5.7. Until receiving the goods by the purchaser, the seller is entitled to withdraw from the purchase contract. In this case, the seller will return to the purchaser the purchase price without any delay by bank transfer to the purchaser´s account.

5.8. When together with the goods is given a gift to the purchaser, the gift contract concluded between the seller and the purchaser is with terminated condition, that occurs with the contract withdrawal by the consumer, the gift contract loses its force and the purchaser is obliged to return such a gift along with the goods to the seller.

6. Transport and delivery of goods


6.1. The method of delivery of goods is determined by the seller, unless the purchase contract provides otherwise. In case the way of transport is negotiated at the request of the purchaser, the purchaser carries the risk and additional costs associated with this way of this transport.

6.2. If the seller under the purchase contract must deliver the goods to a place specified by the purchaser in the purchase order, the purchaser is obliged to accept the delivery of goods. If the purchaser does not accept the delivery of goods, the seller is entitled to charge a storage fee of 500 CZK (in words: five hundred Czech crowns) or the seller is entitled to withdraw from the contract.

6.3. In case that for the reasons of the purchaser the goods needs to be delivered repeatedly or by  another delivery method than stated in the order, the purchaser is obliged to pay the costs associated with repeated delivery of goods, respectively costs associated with other delivery method.

6.4. When accepting the goods from the carrier, the purchaser is obliged to check the condition of the package and in case of any damage immediately notify the carrier. In case of finding out the package is damaged which gives evidence of the intrusion into the shipment, the purchaser need not accept the shipment from the carrier. By signing the delivery note the purchaser confirms that the package of shipment containing goods was intact.

6.5. Other rights and obligations of the parties in the transport of goods can be modified by specific delivery conditions of the seller, if they are issued by the seller.

7. Liability for defects, Warranty


7.1. The rights and obligations of the parties regarding the liability of the seller for defects, including the warranty liability of the seller shall be governed by the relevant legislation (in particular the provisions § 612 et seq. Civil Code).

7.2. The seller is responsible for ensuring that the sold item is in the conformity with the purchase contract, especially that it is free of defects. The conformity with the purchase contract means that the sold thing has the quality and features required by the contract; by the seller, the producer or his representative described, or on the basis of their ads expected, or the quality and features for that product of this kind common, meeting the requirements of legislation, in the correct quantity, measure or weight and corresponds to the purpose which is stated by the seller, or for which the product is usually used.

7.3. In case that the product after accepting by the purchaser is not in conformity with the purchase contract (hereinafter "Conflict with the purchase contract"), the purchaser has the right that the seller free of charge and without any delay puts the matter to the condition in accordance with the purchase contract, and according to the purchaser, either change or repair; unless such a procedure is not possible, the purchaser may require an appropriate reduction of the price or withdraw from the contract. This does not apply if the purchaser knew about the conflict with the purchase contract before accepting the product or caused the conflict with the contract himself. The conflict with the purchase contract, which will take effect within six (6) months from the date of accepting goods is considered as already existing while accepting, if it is not inconsistent with the nature of the product or if it is proven otherwise.

7.4. Unless it is concerning things that are deteriorating or used, the seller is responsible for defects which appear as a conflict with the purchase contract after accepting the product within the warranty period (warranty).

7.5 The rights of the purchaser under the seller's liability for defects, including the warranty liability of the seller are enforced by the purchaser at the seller at Jemniště 1, Postupice 257 01. For a moment of complain is the moment when the seller accepts from the purchaser complained goods.

7.6. Other rights and obligations of the parties relating to the liability of the seller for defects are modified by complaints procedure of the seller.

8. Other rights and obligations of the parties


8.1. The purchaser acquires ownership of the goods by paying the entire purchase price.

8.2. The purchaser realizes that software and other contents of the web interface of the shop (including photographs of the offered goods) are protected by copyright. The purchaser agrees not to engage in any activity that would allow him or third parties to unauthorized use or interfere in software or other contents of the web interface of the shop.

8.3. The purchaser is not entitled while using the web interface of the shop to use mechanisms, software or other procedures that could affect negatively the operation of the web interface of the shop. The web interface of the shop can be used only to the extent that is not at the expense of the rights of other customers of the seller and which is consistent with its purpose.

8.4. The seller´s relation to the purchaser is not bound by any codes of behaviour within the provision § 53a paragraph 1 of the Civil Code.

8.5. The purchaser realizes that the seller is not liable for errors caused due to interference of third parties to the web site or as a result of using the website in ways outside their purpose.

9. Personal data protection and sending commercial messages


9.1. Personal data protection of the purchaser who is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.

9.2. The purchaser agrees with processing personal data: first name and surname, address, identification number, tax identification number, electronic mail address and telephone number (hereinafter "Personal data").

9.3. The purchaser agrees with processing personal data by the seller, for the purpose of implementation of rights and obligations under the purchase contract, for the purpose of maintaining a user account and for the purpose of sending commercial messages and information to the purchaser.

9.4. The purchaser realizes that he is obligated to enter his personal data (while registration in his user account, while ordering from the web interface of the shop) correctly and true and is obliged without any delay to inform the seller about the change of his personal data.

9.5. For processing of purchaser´s personal data, the seller may charge a third party as a processor. Apart from persons transporting the goods, the purchaser´s personal data will not be given by the seller without prior agreement to third parties.

9.6. Personal data will be processed for an indefinite period. Personal data will be processed electronically in an automated way or in a printed form by a non-automated way.

9.7. The purchaser confirms that the personal data are accurate and that he was advised that it is voluntary providing personal data.

9.8. In case that the purchaser thought that the seller or processor (Article 9.5) is processing the personal data that is inconsistent with the protection of private and personal life of the purchaser or against the law, especially if the personal data are inaccurate with regard to the purpose of their processing, he may:

9.8.1. ask the seller or the processor for an explanation,

9.8.2. require the seller or processor to remove this situation. In particular, it may be blocking, correction, addition or removal of personal data. If the purchaser's request is under the previous sentence found justified, the seller or the processor removes immediately this trouble. If the seller or processor fails, the purchaser has the right to appeal directly to the Office for Personal Data Protection. By this provision it is not affected the right of the purchaser to turn with his initiative to the Office for Personal Data Protection.

9.9. If the purchaser asks for information about processing his personal data, the seller is obliged to deliver this information. The seller has the right, for providing information under the previous sentence, to require reasonable compensation not exceeding the costs necessary for providing the information.

10. Sending commercial messages and saving cookies


10.1. The purchaser agrees to receive information related to the goods, services or company of the seller to the purchaser's email address and agrees to receive commercial information from the seller to the purchaser's email address.

10.2. The purchaser agrees with saving cookies on his computer. In case that the purchase on the website can be made and obligations of the seller under the purchase contract can be performed without saving cookies on purchaser´s computer, the purchaser may cancel his agreement under the previous sentence at any time.

11. Delivery

11.1. Unless agreed otherwise, all correspondence related to the purchase contract must be delivered to the other party in a written form, by e-mail, in person or by postal service (according to the choice of the sender). Everything is delivered to the purchaser´s email address specified in his user account.

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