TERMS AND CONDITIONS

 

of the trade company Michaela Drahoňovská
located at Slunečná 1417, 686 05 Uherské Hradiště
Identification number: 02201569, VAT Reg. Nr. CZ 7151134969
Listed in the Trade Register with the Municipal Office Černošice
for selling goods via on-line store at web addresses www.zizalice.cz and www.zizalice.com

  1. INTRODUCTORY PROVISIONS

    1.1. These Terms and Conditions (hereinafter referred to as the “Terms and Conditions”) of the company Michaela Drahoňovská, (registered office and trading address Slunečná 1417, 686 05 Uherské Hradiště, identification number: 02201569, listed in the Trade Register with the Municipal Office Černošice), (hereinafter referred to as the “Seller”) govern the mutual rights and obligations of the contracting parties arising from or based upon the purchase agreement (hereinafter referred to as the “purchase agreement”) concluded between the Seller and another person or entity (hereinafter referred to as the “Buyer”) via the Seller´s on-line store. The on-line store is run by the Seller on websites www.zizalice.cz and www.zizalice.comthrough a web interface (hereinafter referred to as the “web interface of the store“).

    1.2. These Terms and Conditions also govern rights and obligations of the contracting parties during the use of websites run by the Seller located at www.zizalice.cz and www.zizalice.com (hereinafter referred to as “the websites”) and other related legal relationships. The Terms and Conditions do not apply to cases where a person who intends to purchase goods from the Seller, is doing so within the scope of his business activity.

    1.3. Provisions derogating from those mentioned herein can be agreed upon in the purchase agreement. Different arrangements in the purchase agreement shall prevail over the Terms and Conditions.

    1.4. Provisions of the Terms and Conditions are an integral part of the purchase agreement. The Terms and Conditions are written in the Czech and English language. The purchase contract can be concluded in the Czech language.

    1.5. The Seller may modify the wording of the Terms and Conditions or make amendments. These changes shall not affect the rights and obligations arisen during the validity period of the previous version of the Terms and Conditions.

  2. CONCLUSION OF THE PURCHASE AGREEMENT

    2.1. The web interface of the store contains a list of goods offered for sale by the Seller, including the purchase prices of the individual goods offered. The prices include VAT and packing charges. In case of delivery within the territory of the Czech Republic delivery price depends on the weight of the goods, i.e. weight categories less than 5kg (fixed price Czech Republic wide), 5 to 15kg (fixed price Czech Republic wide), and above 15 kgs (15 % discount off the official tariff of Top Trans a.s.). Delivery prices of other weight categories and/or shipping outside the territory of the Czech Republic are set according to the tariff of the transportation company Top Trans a. s. The offer for the sale of the goods and the prices of these goods remain in force as long as they are displayed in the web interface of the store. This provision does not restrict the Seller from concluding a purchase agreement under individually agreed conditions. All purchase offers displayed in the web interface of the store are non-binding and the Seller is not obliged to conclude a purchase agreement regarding these goods.

    2.2. Information regarding the costs related to packaging and delivery of the goods listed in the web interface of the store apply only in cases where the goods are delivered within the territory of the Czech Republic.

    2.3. To order goods, the Buyer shall fill in the order form in the web interface of the store. The order form contains particular information about:

    - the goods ordered (The Buyer “inserts” the goods into an electronic shopping cart of the web interface of the store);

    - the payment method of the purchase price of the goods, information about the desired method of delivery of the ordered goods and;

    - information regarding the costs associated with the delivery of goods (hereinafter collectively referred to as “the order”).

    2.4. Before submitting an order to the Seller, the Buyer is allowed to check and modify the entered data, also with regard to the option to detect and correct errors made during the data entry. The Buyer submits the order to the Seller by clicking on the "Order" button. The data specified in the order are assumed by the Seller to be correct. The Seller shall immediately, upon receipt of the order, confirm accepting of this order to the Buyer, by sending an e-mail to the Buyer's e-mail address specified in the user interface or in the order (hereinafter referred to as “an electronic address of the Buyer”).

    2.5. The Seller is always entitled, depending on the nature of the order (quantity of goods, the purchase price, estimated shipping costs) to ask the Buyer for an additional order confirmation (such as writing or by telephone).

    2.6. The contractual relationship between the Seller and the Buyer originates by delivering (acceptance) of the order confirmation, which is sent by the Seller to the Buyer by e-mail, to the e-mail address of the Buyer.

    2.7. The Buyer acknowledges that the Seller is not obliged to conclude a purchase agreement, especially with persons who have previously substantially breached the purchase agreement (including the Terms and Conditions).

    2.8. The Buyer agrees to the use of distance communication in concluding the purchase agreement. The costs incurred by the Buyer when using means of distance communication in connection with concluding of the purchase agreement (the cost of internet access, telephone costs) are paid by the Buyer himself.

  3. PRICE OF GOODS AND PAYMENT TERMS
  4. 3.1. The price of goods and any costs associated with delivery of goods under the purchase agreement can be paid by the Buyer to the Seller by the following ways:

    -  in cash on delivery at the place designated by the Buyer in the purchase order;

    -  by a bank transfer to the Seller’s account registered at the Raiffeisen Bank company, account number: 279 253 02/5500, account name: Michaela Drahoňovská (hereinafter referred to as “the Seller’s account”);

    3.2. Along with the purchase price, the Buyer shall pay the Seller the costs associated with packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price is hereinafter considered to include also the costs associated with the delivery of the goods.

    3.3. In case of payment in cash or in case of payment on delivery, the purchase price is payable on delivery. In case of non-cash payments, the price is due within 3 days of the conclusion of the purchase agreement and two (2) working days before delivery of the goods.

    3.4. In case of non-cash payments the Buyer is obliged to pay the purchase price of the goods along with listing the variable symbol of the payment. In case of a non-cash payment the Buyer’s obligation to pay the purchase price is fulfilled, when the correct amount is deposited to the Seller’s account.

    3.5. The Seller is entitled, especially if the Buyer provides no additional confirmation of the order (Article 2.5), to require payment of the full purchase price before sending the goods to the Buyer, and/or in case of the purchase order of 5 or more pieces of boards to require an advance payment in the amount of the fifty percent of the purchase price including the delivery costs.

    3.6. No discounts from the price of the goods, provided by the Seller to the Buyer can be combined.

    3.7. If it is within the usual course of trade or if it is so stipulated by generally binding legal regulations, the Seller shall, regarding the payments made under the purchase agreement, issue a tax document – an invoice for the Buyer. The Seller is VAT registered. The tax document - invoice shall be issued by the Seller to the Buyer after receiving the payment of the price of goods and he shall send it electronically to the email address of the Buyer.

  5. WITHDRAWAL FROM THE PURCHASE AGREEMENT

    4.1. The Buyer acknowledges that under § 53 paragraph 8 of Act No. 40/1964 Coll., of The Civil Code, as amended (hereinafter referred to as “The Civil Code”), among other things, he cannot withdraw from the purchase agreement for the supply of goods custom modified to wishes of the Buyer.

    4.2. Except for the case referred to in the Article 4.1 or other cases where the Buyer cannot withdraw from the purchase agreement, the Buyer is entitled, in accordance with § 53 paragraph 7 of the Civil Code, to withdraw from the purchase agreement, within fourteen (14) days from receiving of the goods without stating a reason. Withdrawal from the agreement must be provably delivered to the Seller within fourteen (14) days from receipt of goods. Withdrawal from the agreement can be sent by the Buyer to the mailing address of the Seller or to the Seller’s e-mail address.

    4.3. In case of a withdrawal under the Article 4.2 of the Terms and Conditions, the purchase agreement is cancelled from the beginning. The goods must be returned to the Seller within 5 working days after sending the withdrawal to the Seller. The goods must be returned to The Seller undamaged and not worn out and, if possible, in the original packaging.

    4.4. Within ten (10) days of returning the goods by the Buyer under the Article 4.3 of the Terms and Conditions, the Seller is authorized to perform an examination of the returned goods, in particular in order to determine whether the returned goods are not damaged, worn out, or partially consumed.

    4.5. In case of withdrawal under the Article 4.2 of the Terms and Conditions, the Seller shall return the purchase price (excluding the delivery costs) to the Buyer within fourteen (14) days from the deadline for the review of goods according to the Article 4.4 of the Terms and Conditions, and he shall do so by a direct transfer to the bank account designated by the Buyer. The Seller is also entitled to return the purchase price in cash during returning the goods by the Buyer.

    4.6. The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller is entitled to the incurred damage reimbursement from the Buyer. The Seller may unilaterally set off a claim against the Buyer’s right to a refund of the purchase price.

    4.7. For withdrawing from the purchase agreement the Buyer can use the electronic withdrawal form or any other unambiguous declaration. If the Buyer uses the option, the confirmation of receipt of the declaration will be sent immediately.

  6. TRANSPORT AND DELIVERY

    5.1. The method of delivery of the goods is determined by the Seller, unless the purchase agreement is concluded otherwise. In the event that the mode of transport is, upon the request of the Buyer, agreed otherwise, the Buyer bears the risk of additional costs associated with this mode of transport.

    5.2. If the Seller must under the conditions of the purchase agreement deliver the goods at the place designated in the order by the Buyer, the Buyer is obliged to accept the goods on delivery. If the Buyer does not accept the goods on delivery, the Seller is entitled to charge a storage fee of CZK 500 (in words: five hundred Czech crowns) or the Seller is entitled to withdraw from the purchase agreement.

    5.3. In case the goods have to be from the reasons on the Buyer’s side delivered repeatedly or by other means than stated in the order, the Buyer shall pay the costs associated with the repeated delivery of the goods, respectively the costs associated with other means of delivery.

    5.4. When receiving 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 immediately notify the carrier. In case the package is damaged, which would indicate an unauthorized intrusion into the package, the Buyer may refuse to accept the package from the carrier. By signing the packing list, the Buyer confirms that the packaging of the consignment containing the goods was intact and any further claims regarding violation of the packaging shall not be taken into account.

    5.5. Other rights and obligations of the parties during the transport of the goods can be modified by specific terms of delivery issued by the Seller.

  7. LIABILITY FOR DEFECTS AND GUARANTEE

    6.1. The rights and obligations of the parties regarding the liability of the Seller for the defects, including the warranty liability of the Seller, shall be governed by generally binding regulations (in particular the provisions of § 612 et seq. of the Civil Code).

    6.2. The Seller is responsible to the Buyer for selling the item in compliance with the purchase agreement and especially free from defects. A compliance with the purchase agreement means that the item sold has the quality and properties required by the purchase agreement, described by the Seller, the manufacturer or his representative, or the quality and properties expected on the basis of their ads, or usual for an item of this kind. It also means that the item meets the requirements of legislation, that it is in the appropriate quantity, measure or weight and corresponds to the purpose for which it is described by the Seller, or for the purpose the item is usually used.

    6.3. In the event that the item on receipt by the Buyer is not in conformity with the purchase agreement (hereinafter referred to as “conflict with the agreement”), the Buyer has the right to demand from the Seller, free of charge and without undue delay, to put the product in accordance with the purchase agreement, and to do so according to the Buyer’s request, either by exchanging or repairing the item. If such procedure is not possible, the Buyer may request a reasonable discount from the price or withdraw from the agreement. This does not apply if the Buyer had known about the conflict with the agreement prior his acceptance of the goods, or if he has caused the conflict with the agreement himself.

    6.4. Unless it concerns items that are perishable or used, the Seller is responsible for the defects that manifest as conflict with the purchase agreement after the acceptance of the item, within the time of the warranty (guarantee).

    6.5. The Buyer's rights arising from the Seller’s liability for defects, including the warranty liability of the Seller, shall be submitted by the Buyer to the Seller at the registered office address V Aleji 1000/39, 252 19 Rudná u Prahy.

  8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

    7.1. The Buyer gains the ownership of the goods by paying the full purchase price of the goods.

    7.2. The Buyer acknowledges that the received goods, particularly the board game ŽÍŽALICE, are protected by copyrights. The Buyer agrees not to engage in any activity that might allow him or third parties to unlawfully reproduce or otherwise copy these goods.

    7.3. The Buyer is not entitled, during using the web interface, to use mechanisms, software or other actions that could adversely affect the operation of the web interface of the store. The web interface of the store can only be used to the extent that is not at the expense of the rights of other customers of the Seller, and that is consistent with its purpose.

    7.4. The Seller is not in relation to the Buyer bound by any codes of conduct within the meaning of § 53a paragraph 1 of the Civil Code.

    7.5. The Buyer acknowledges that the Seller is not responsible for errors arising from the interference of third parties into the website or as a result of the use of the websites in contradiction with its purpose.

  9. PRIVACY AND SENDING OF BUSINESS COMMUNICATION

    8.1. Privacy of the Buyer, who is an individual person, is provided by Act No. 101/2000 Coll. about personal data protection, as amended.

    8.2. The Buyer agrees with processing of the following personal data: name, address, identification number, tax identification number, email address, telephone number, mailing address, and possibly others (all collectively referred to as “personal data”).

    8.3. The Buyer agrees with processing of his personal data by the Seller, for the purpose of realization of the rights and obligations arising from the purchase agreement and for the purposes of sending commercial messages and information to the Buyer.

    8.4. The Buyer acknowledges that he is obliged to enter his personal information correctly and truthfully when ordering from the web interface of the store and that it he is obliged to inform the Seller of a change in his personal data.

    8.5. The Seller may appoint a third person, as the processor, to process personal data of the Buyer. Except for persons transporting the goods, the personal data shall not be given to third parties without prior consent of the Buyer.

    8.6. The personal data shall be processed for an indefinite period. The personal data will be processed electronically by an automated manner or in a printed form by a non-automated manner.

    8.7. The Buyer confirms that the personal data provided is accurate and that he was advised that it is voluntarily provided personal information. The Buyer declares that he was advised that the consent to the processing of personal data in relation to the Seller can be withdrawn by notification delivered to the address of the Seller.

    8.8. The Buyer agrees to receive information related to goods, services or company of the Seller to the e-mail address of the Buyer and agrees to receive commercial communications from the Seller to the e-mail address of the Buyer.

  10. DELIVERY

    9.1. Unless otherwise agreed, all correspondence related to the purchase agreement must be delivered to the other Party in writing, by e-mail, in person or via registered mail service (selected by the sender). The Buyer gets the messages delivered to the e-mail address specified in his user account.

    9.2. The message is delivered:

    - in case of delivery by e-mail upon its acceptance by the incoming mail server. The integrity of messages sent by electronic mail may be secured by a certificate,

    - in case of delivery in person or via postal service provider, by accepting the consignment by the addressee,

    - in case of delivery in person or via postal service also by refusing to accept the shipment, if the addressee (or person authorized to accept shipment for him) refuses to accept the consignment,

    - in case of delivery by postal services by expiry of ten (10) days period from the day the consignment is placed in the storage at the postal service provider and the request to the addressee to accept the consignment is sent, if the consignment is stored at the postal service provider, even if the addressee does not learn about its storage.

  11. FINAL PROVISIONS

    10.1. If the relationship associated with the use of the websites or the legal relationship of the purchase agreement includes international (foreign) element, then the parties agree that the relationship is governed by the Czech law. This does not affect the rights of a consumer resulting from the generally binding legal regulations.

    10.2. The Seller is entitled to sell goods under a trade license and his activity is not subject to other authorization. The trade control is carried out by the Licensing Authority, within the scope of its rights.

    10.3. If any provision of the Terms and Conditions is or becomes invalid or ineffective, instead of the invalid provision, the provision whose meaning is the closest to the invalid provision becomes effective. Invalidity or unenforceability of one provision does not affect the validity of other provisions. Amendments and supplements to the purchase agreement or the Terms and Conditions require a written form.

    10.4. The purchase agreement including the Terms and Conditions is archived by the Seller in an electronic form and it is not accessible.

    10.5. Contact information of the Seller:
    Mailing address: Michaela Drahoňovská, Slunečná 1417, 686 05 Uherské Hradiště, e-mail address: zizalice@zizalice.cz, telephone number: + 420 737 245 066.

In Rudná, on 10/02/2014

 

 

 

 

 

WITHDRAWAL FROM THE PURCHASE AGREEMENT (FORM)

(please fill in this form and send it back in case you wish to withdraw from the purchase agreement)
Purchase Agreement Announcement

Adresee (please fill in the name and surname/company name, address and email address):

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This is to announce that I/We are withdrawing from the purchase agreement under which we have obtained the following goods/services:

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Date of firm order(*)/date of delivery(*)
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Name and Surname of the Buyer
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Address of the Buyer
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Buyer´s Signature (only if send by post in hard copy)
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Date
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(*) Cross out the uncorrect or fill in the data.