Terms, Conditions and GDPR (https://www.clapdesign.eu/gdpr/)
I. Basic provisions
These General Terms and Conditions (hereinafter referred to as the GTC) regulate the relations between the buyer and the seller Lukáš Pejchal (hereinafter referred to as the "seller") in the area of the sale of designer household accessories.
By creating an order, the Buyer confirms that he has read these terms and conditions, of which the Complaints Procedure forms an integral part, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions before the actual execution of the order and has the opportunity to become acquainted with them.
Lukáš Pejchal, based in Krokova 5, Praha 2, 12800, Czech Republic
a) consumer - a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with those products or services.
- a person registered in the Commercial or Trade Register who conducts business on the basis of the valid legal order in the Czech Republic
At the beginning of the business relationship, the consumer only passes on to the seller his contact details, necessary for the smooth execution of the order, or the data that he wants to have stated on the purchase documents.
Legal relations between the seller and the buyer, who is a consumer, not expressly regulated by these GTC are governed by the relevant provisions of Act. No. 89/2012 Coll., Civil Code, Act No. 634/1992 Coll., on consumer protection, as well as related regulations, all as amended.
If an individual contract is concluded with the buyer, it is superior to these business conditions, or if the agreement in the individual contract is different from the conditions set out in these GTC, the agreement from the individual contract shall apply.
The buyer is aware that the purchase of products that are in the seller's business offer does not give rise to any rights to use registered trademarks, trade names, company logos or patents of the seller or other companies, unless otherwise agreed in a specific case by a special contract.
Purchase contract - the buyer's order is a draft of the purchase contract and the purchase contract itself is concluded at the time of delivery of the binding consent of the seller to the buyer with this proposal (binding confirmation of the order by the seller - sending an order confirmation). From this moment, mutual rights and obligations arise between the buyer and the seller, which are defined by the purchase contract and these terms and conditions. The seller is obliged to confirm the receipt of the purchase contract (order), most often by sending a confirmation by e-mail immediately after receiving the order into the seller's system.
The contract is concluded in the Czech language. The concluded contract is archived by the seller for the purpose of its successful fulfillment and is not accessible to third non-participating parties. Information on the individual technical steps leading to the conclusion of the contract is evident from these terms and conditions, where this process is clearly described. The buyer has the opportunity to check and possibly correct the order before sending it. These terms and conditions are displayed on the website of the online store www.clapdesign.cz and thus their archiving and reproduction by the buyer is enabled.
The costs of using means of distance communication (telephone, internet, etc.) for the execution of the order are in the normal amount, depending on the tariff of telecommunication services used by the buyer.
The buyer is obliged to pay the purchase price before taking over the performance of the purchase contract. The seller requires the payment of a deposit or similar payment only in the case of specific customer requirements and the customer will always be notified of this fact in advance.
The seller does not enter into contracts, the subject of which is repeated performance.
The buyer always has the opportunity to contact the seller by telephone, in writing or otherwise with his complaint, and if the buyer's complaint is not resolved positively, he has the right to address the complaint to the relevant state supervisory or state supervision body.
II. Information security and protection
The seller declares that all personal data is confidential, will be used only to perform the contract with the buyer and will not be otherwise disclosed, provided to a third party, etc. except for situations related to distribution or payment of the ordered goods (name, delivery address and phone numbers). Personal data provided by the buyer to the seller for the purpose of fulfilling the order are collected, processed and stored in accordance with applicable laws of the Czech Republic, in particular Act No. 101/2000 Coll., On the protection of personal data, as amended.
The buyer gives the seller his consent to the collection and processing of this personal data for the purpose of fulfilling the subject of the concluded purchase contract, until his written expression of disagreement with this processing. The buyer has the right to access his personal data and the right to correct them, including other legal rights to this data.
III. Opening hours
Orders via the online store at www.clapdesign.cz 24 hours a day, 7 days a week.
The information about the goods and price provided by the seller is binding, except for obvious error. Prices are presented including all taxes (eg VAT) and fees, except for the cost of delivery of goods (see "Basic information").
The buyer will receive the goods at the price valid at the time of ordering. The buying consumer has the opportunity to get acquainted with the total price including VAT and all other fees (PHE, etc.) before placing the order. This price will be stated in the order and in the message confirming the receipt of the order of goods. The buying consumer has the opportunity to get acquainted with the fact before placing the order, for how long the offer or price remains valid. In the case of special goods to order, or goods that are not in stock, the seller has the right to confirm to the buyer in advance by phone / e-mail the price and delivery date. The seller is entitled to change this price due to the current market situation and depending on the development of the CZK exchange rate against foreign currencies. If the buyer does not agree with such a change, he will not confirm the order and it is not realized.
The seller recommends that the buyer place orders via e-commerce or in writing (e-mail) and provide the following information:
- name, surname and address or business name and registered office of the buyer
- ID number, if the purchase is made to an entrepreneur / trading company; VAT number, if he is registered as a VAT payer
- telephone contact used mainly for possible contact of transport companies for the purpose of delivery of goods to the buyer
- code and name of goods according to the price list
- unit price
- method of payment and transport
- shipping address, if different from the buyer's billing address
- any other information that the buyer considers important
When making a purchase via the website, the buyer is encouraged to fill in all the necessary information.
VI. Withdrawal from the contract
The buyer, the consumer, has the right in accordance with the provisions of § 1829 paragraph 1 of the Civil Code the right to withdraw from the contract without giving a reason within 14 days from the date of receipt of goods. period from the date of receipt of the last delivery of goods. In order to comply with the deadline for withdrawal from the purchase contract, it is sufficient to send the withdrawal from the purchase contract before the expiry of the relevant period, as stated above.
If the consumer wants to exercise the right to withdraw from the purchase contract as stated in the previous paragraph, ie within 14 days, he must inform the seller of his withdrawal in the form of a unilateral legal action, by e-mail to info @ clapdesign. cz.
In the event that the consumer withdraws from the purchase contract pursuant to the preceding paragraphs, the seller shall return the payment for the goods paid by the customer without undue delay no later than 14 days from the day the consumer received notice of withdrawal from the purchase contract. However, the seller is not obliged to return the money received to the consumer before the consumer hands over the goods or proves that he sent the goods to the seller.
If the consumer withdraws from the contract, he shall send or hand over to the seller without undue delay, no later than within 14 days of the withdrawal from the contract, the goods which he has received from the trader.
In the event of withdrawal from the purchase contract, the consumer is obliged to return the goods to the seller in the condition in which he received them, in the original packaging, unused and undamaged together with all parts, accessories and documentation and any gifts received by the consumer. The consumer returns the goods by sending them to the contact address of the seller or handing them over at the seller's premises. See the complaint procedure for details.
If the Buyer is allowed to withdraw from the purchase contract within fourteen days, then the Buyer acknowledges that the returned purchase price may be reduced by what decreased the value of the goods.
The consumer cannot withdraw from the contract:
- the provision of services which the seller has fulfilled with the prior express consent of the consumer before the expiry of the withdrawal period;
- the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the period for withdrawal from the contract;
- the supply of goods which have been adapted to the wishes of the consumer or to his person;
- the supply of perishable goods as well as goods which have been irretrievably mixed with other goods after delivery;
- repair or maintenance carried out at a place designated by the consumer at his request; however, this does not apply in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested;
- the supply of newspapers, periodicals or magazines;
VII. Payment Terms
(a) payment in advance by bank transfer
b) payment via the Comgate internet interface (MasterCard, MasterCard Electronic, Visa, Visa Electron, Maestro, etc.)
c) payment via the PayPal internet interface
d) cash on delivery upon delivery of goods (cash is received from the customer by the carrier)
The goods remain the property of the seller until full payment.
VIII. Terms of delivery
Sending by transport service within the Czech Republic / Slovakia: The goods are sent to the buyer by the transport service PPL, GLS, DPD, Czech Post or Mail Order according to his choice. The carrier usually delivers shipments anywhere in the Czech Republic within 48 hours (for the Slovak Republic within 72 hours). The price of transport is governed by the price list current on the day of the order.
Incomplete or damaged shipment must be immediately notified by e-mail to email@example.com, write a damage report with the carrier and send it without undue delay by e-mail or mail to the seller. An additional claim for incompleteness or external damage to the shipment does not deprive the consumer of the right to complain, but gives the seller the opportunity to prove that this is not a breach of the purchase contract.
IX. Refund Policy
The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time when the buyer took over the goods:
- the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described by the seller or the manufacturer or which the buyer expected with regard to the nature of the goods and on the basis of their advertising,
- the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
- the goods are in the appropriate quantity, measure or weight; and
- the goods comply with the requirements of legal regulations.
If the defect becomes apparent within six months of receipt of the goods by the buyer, it is considered that the goods were defective at the time of receipt. The buyer is entitled to exercise the right to a defect that occurs in consumer goods within twenty-four months of receipt. This provision shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to second-hand goods to a defect corresponding to the degree of use or wear and tear which the goods had when taken over by the buyer. this due to the nature of the goods.
In the event of a defect, the buyer may submit a complaint to the seller and request:
- exchange for new goods,
- repair of goods,
- a reasonable discount from the purchase price,
- withdraw from the contract.
The buyer has the right to withdraw from the contract,
if the goods have a substantial defect, if he cannot use the thing properly due to the recurrence of the defect or defects after repair,
in case of a larger number of defects of the goods.
The seller is obliged to accept the complaint in any establishment in which the acceptance of the complaint is possible, or in the registered office or place of business. The seller is obliged to issue a written confirmation to the buyer about when the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as confirmation of the date and method of handling the complaint, including confirmation of repair and duration, or written justification. rejection of the complaint.
The seller or an employee authorized by him will decide on the complaint immediately, in complex cases within three working days. This period does not include the time appropriate to the type of product or service required for a professional assessment of the defect. Complaints, including the elimination of defects, must be settled immediately, no later than 30 days from the date of the complaint, unless the seller and the buyer agree on a longer period. The expiration of this period in vain is considered a material breach of contract and the buyer has the right to withdraw from the purchase contract. The moment of the claim is considered to be the moment when the expression of the will of the buyer (exercise of the right from defective performance) occurs to the seller.
The seller informs the buyer in writing about the result of the complaint.
The right of defective performance does not belong to the buyer, if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
In the case of a justified complaint, the buyer has the right to reimbursement of purposefully incurred costs incurred in connection with the complaint. The buyer can exercise this right from the seller within one month after the expiration of the warranty period.
The buyer has the choice of the method of complaint.
The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On Consumer Protection.
Other rights and obligations of the parties related to the seller's liability for defects are regulated by the seller's complaint procedure.
X. Liability for defective performance and quality guarantee
Liability for defective performance of the seller and the warranty conditions for the goods are governed by the Seller's Complaints Procedure (see below) and applicable Czech legislation. The purchase document serves as a guarantee certificate.
XI. Final provisions
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.
If any provision of these General Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision will 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.
Relationships and any disputes that may arise on the basis of the contract will be resolved exclusively in accordance with the law of the Czech Republic and will be resolved by the competent courts of the Czech Republic.
These General Terms and Conditions are valid from 1 May 2018 and supersede all previous provisions and customs. The seller reserves the right to change these General Terms and Conditions without prior notice.
Prepared in accordance with the Civil Code. No. 89/2012 Coll. and Act. No. 634/1992, both as amended.
The protection of personal data is governed by Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data - GDPR.
In accordance with this Regulation, the data protection documents are required to be clearly separated from the Terms and Conditions. You can find them in section "More" under the link "GDPR"
The data subject's consent is not required for the purpose of processing an order, ie for processing personal data for the purpose of selling goods. On the contrary, it would be contrary to GDPR.
As part of the delivery of your goods, your information necessary to process your order is provided to the carrier. These data will be forwarded to the carrier as you complete them in the order. The data provided in this way includes your name and surname, delivery address, email phone number where the carrier can contact you. The Transporter is authorized to process your data only for the purpose of delivering the goods and then delete the personal data immediately.
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