The terms and conditions of the e-shop fall under the legal conditions of the Czech Republic. Everything was freely translated so that everyone was aware of these conditions for this country.
Terms and Conditions
1. Introductory provision
These Business Terms and Conditions (hereinafter referred to as the "Business Terms and Conditions") of Veronika Tomašíková, Lovčičky 91, 683 54, IČ: 05523532, registered office at Kozí 26/4, Brno, Postal Code: 60200, (hereinafter referred to as "Seller") regulate the mutual rights and obligations of the Contracting Parties arising in connection with or on the basis of the Purchase Agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and another natural or legal person (hereinafter referred to as the “Buyer”) via the Seller's e-shop. The e-shop is operated by the Seller on the Internet at www.thechoice.cz, via a web interface (hereinafter referred to as the "Web Interface").
The Terms and Conditions further regulate the rights and obligations of the Parties in using the Seller's website located at (hereinafter referred to as the "Website") and other related legal relationships. The terms and conditions also include information published on the website.
Different arrangements in the Purchase Agreement take precedence over the terms and conditions of the Terms and Conditions. The terms and conditions of the Terms and Conditions shall prevail over the provisions on the Website.
The terms and conditions of the Terms and Conditions form an integral part of the Purchase Agreement, in the wording effective as of the date of its conclusion.
2. User account
Upon registration of the buyer on the website, the buyer can access their user interface. From its user interface, the buyer may order goods (hereinafter referred to as "user account"). The buyer can also order goods without registration directly from the store's web interface.
User account access is secured by username and password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access its user account and to prevent its use by a third party and acknowledges that the Seller is not responsible for the breach of this obligation by the Buyer.
The seller is entitled to cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, or. necessary maintenance of hardware and software of third parties.
3. Conclusion of the Purchase Contract
The web interface of the store contains a list of goods offered by the seller for sale, including the prices of individual goods offered. The prices of the offered goods are listed including VAT. The offer to sell the goods and the prices of those goods remain in effect as long as they are displayed in the store's web interface. This provision does not limit the seller's ability to conclude a purchase agreement under individually agreed conditions. All offers of sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase agreement regarding these goods.
The store web interface also contains information about the costs associated with packaging and delivery of the goods. Information about the costs associated with packaging and delivery of the goods listed in the web interface of the shop is valid only in cases where the goods are delivered within the territory of the Czech Republic.
To order the goods, the buyer fills in the order form in the web interface of the shop. The order form contains especially information about: ordered goods (the ordered goods will be “inserted” by the buyer into the electronic shopping cart of the web interface of the shop), the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter referred to together as as "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, even with regard to the possibility of the buyer to detect and correct errors in entering data into the order. The buyer sends the order to the seller by clicking on the "Send order" button. The data listed in the order they are deemed correct by the seller. The Seller shall immediately confirm receipt of the order by e-mail to the Buyer at the Buyer's e-mail address specified in the User Interface or in the Order (hereinafter referred to as the "Buyer's Electronic Address").
Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (for example in writing or by phone).
The contractual relationship between the seller and the buyer arises by accepting the order (acceptance). The order is accepted by handing over the goods to the first carrier or by sending a message to the buyer that the goods are ready to be picked up at the seller's premises. All that the parties to the purchase contract provide before accepting the order is considered a deposit.
The Buyer acknowledges that the Seller is not obliged to conclude a purchase contract, especially with persons who have previously materially breached the Purchase Agreement (including Terms and Conditions).
The buyer agrees to use the means of distance communication to conclude the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (the cost of internet connection, the cost of telephone calls) are paid by the buyer himself.
4. Price of goods and payment terms
The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer to the seller in the following ways:
cashless payment system;
payment to a current bank account;
Together with the purchase price, the Buyer is also obliged to pay the Seller the costs associated with packaging and delivery of the goods. Unless expressly stated otherwise, the purchase price is also understood to include the costs associated with the delivery of the goods.
The purchase price is payable at the latest when the goods are taken over.
Any discounts on the price of goods provided by the Seller to the Buyer cannot be combined.
According to the Act on the Registration of Sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in case of technical failure then within 48 hours at the latest.
Buyer agrees to issue and send receipts or invoices electronically.
5. Withdrawal from the Purchase Contract
Except as provided for in Section 1837 of Act No. 89/2012 Coll., The Civil Code, as amended (hereinafter referred to as the “Civil Code”) or other cases in which the Purchase Agreement cannot be withdrawn, the Buyer shall, in accordance with § 1829 of the Civil Code, the right to withdraw from the contract within fourteen (14) days of receipt of the goods. Withdrawal from the purchase contract must be demonstrably delivered to the seller within fourteen (14) days of receipt of the goods, to the address of the seller's premises. The withdrawal may be made using the sample withdrawal form below
Notice of withdrawal
Veronika Tomašíková, registered office: Kozí 26/4, Brno, postal code: 60200, ID:05523532
I announce / announce (*) that I am withdrawing / withdrawing (*) from this purchase agreement
Ordering date (*) / date of receipt (*)
Name and surname
Consumer / consumer address
Consumer / consumer signature (only if this form is sent in paper form)
(*) Delete as appropriate or complete.
In case of withdrawal from the contract, the purchase contract is canceled from the beginning. The goods must be sent to the Seller or handed over without undue delay, no later than fourteen (14) days after the withdrawal. Goods must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
The Buyer acknowledges that if the goods returned by the Buyer are damaged, worn or partially consumed, the Seller shall be entitled to compensation for the damage incurred by the Buyer. The Seller is entitled to unilaterally set off the claim for damages against the Buyer's claim for refund of the purchase price. The provisions of Section 1833 of the Civil Code are not affected thereby.
6. Transport and delivery of goods
The way of transport and delivery of goods is chosen by the buyer in the order. Shipping and delivery conditions are listed on the website.
The Seller is obliged to deliver the goods to the place of delivery either alone or through the carrier and the Buyer is obliged to take over the goods at the place of delivery.
If the Buyer does not accept the goods upon delivery or in a reasonable additional period specified by the Seller, the Purchase Contract is canceled from the beginning and the Seller is entitled to charge the Buyer for storage and order administration of CZK 50 (in words: fifty Czech crowns). This arrangement does not prevent the parties from concluding, for example, a new purchase contract with the same subject of performance by exchanging electronic correspondence.
When taking over the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and to notify the carrier immediately in case of any defects. In the event of a breach of the packaging proving the unauthorized entry into the consignment, the Buyer does not have to take over the consignment from the carrier. By signing the delivery note, the buyer confirms that the shipment of the goods has met all the conditions and requirements and any subsequent complaint regarding the breach of the package may not be taken into account.
7. Rights of defective performance
The rights and obligations of the contracting parties regarding the liability of the seller for defects, including the warranty liability of the seller, are governed by the relevant generally binding regulations (in particular § 2099 et seq. Of the Civil Code).
The Seller is liable to the Buyer for the fact that the goods sold are in conformity with the purchase contract, in particular that they are free from defects. Conformity with the purchase contract means that the goods are in the agreed quantity, quality and design.
In the event that the goods have a defect upon receipt by the Buyer, the Buyer shall be entitled to the defective performance under Section 2099 of the Civil Code.
8. Other rights and obligations of the parties
The buyer acquires ownership of the goods by paying the entire purchase price of the goods.
The Buyer acknowledges that the software and other components of the web interface of the Store (including photographs of the goods offered) are copyrighted. The Buyer undertakes not to engage in any activity that could allow it or third parties to tamper with or improperly use the software or other components of the Store Web Interface.
The Buyer is not entitled to use mechanisms, software or other procedures that may have a negative impact on the operation of the Shop's web interface when using the Shop Web Interface. The web interface of the shop can be used only to the extent that it is not at the expense of the rights of other customers of the seller and which is in accordance with its purpose.
The Buyer acknowledges that the Seller is not liable for errors arising as a result of third party interference with the Website or as a result of using the Website in contradiction with their intended use.
If the goods are not accepted by the buyer from the seller within 1 month of the order creation and payment, the order is canceled and the money is sent back to the buyer's account.
9. Protection of personal data and sending business messages
The buyer agrees to the processing of his / her personal data: first name and surname, home address, identification number, tax identification number, e-mail address, telephone number, user information about his / her behavior in the web interface, settings of used programs, behavior on the Internet and cookies (hereinafter collectively referred to as "personal data") for marketing and business purposes of the seller and third parties.
The Buyer agrees with the processing of personal data by the Seller for the purpose of realization of rights and obligations under the Purchase Contract and for the purpose of sending information and commercial communications to the Seller. The Seller may authorize a third party to process the Buyer's personal data as a processor. Except for persons transporting the goods, the personal data will not be passed on to the third party without the Buyer's prior consent.
The Buyer acknowledges that he is obliged to state his / her personal data (when registering on the website, in his / her user account, when ordering from the web interface of the shop) correctly and that he / she is obliged to inform the Seller without undue delay about the change in his / her personal data .
Personal data will be processed indefinitely. Personal data will be processed electronically in an automated manner or in a printed form in a non-automated manner.
The buyer confirms that the personal information provided is accurate and that he / she has been informed that it is a voluntary provision of personal data. The Buyer declares that he has been instructed that he may revoke his consent to the processing of personal data in relation to the Seller by a written notification delivered to the Seller's address.
If the buyer requests information about the processing of their personal data, the seller is obliged to provide this information. The Seller has the right to request a reasonable reimbursement for providing the information according to the previous sentence not exceeding the costs necessary for providing the information.
The Buyer agrees to receive information related to the goods, services or business of the Seller to the Buyer's email address and further agrees to receive commercial communications from the Seller to the Buyer's email address. By creating a user account (registration), the buyer agrees to receive business offers and calls for completion by the buyer of an incomplete purchase, thus sending offers to conclude a purchase contract for goods inserted by the buyer into the electronic shopping cart of the web interface of the store, but not subsequently ordered.
The scope of the supervisory and supervisory authority for the area of personal data protection is exercised by the Office for Personal Data Protection with its registered office in Prague, to which the Buyer may contact the Seller in case of breach of his personal data protection.
The details of the processing of personal data and their handling are detailed in effective from 1 June 2019 and published on the Seller's website.
10. Final provisions
Out-of-court settlement of consumer disputes arising from purchase contracts concluded under these terms and conditions is the responsibility of the Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00, IČO: 000 20 859, Internet address: www.coi.cz. The initiation of an out-of-court settlement of the dispute is without prejudice to the buyer's right to contact the supervisory and state supervisory authorities.
Unless agreed otherwise, all correspondence related to the Purchase Agreement must be delivered to the other Party in writing, by e-mail, in person or by registered post via the postal operator
If the relationship related to the use of the website or the legal 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 consumer rights arising from generally binding legal regulations.
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. Amendments and supplements to the Purchase Agreement or Terms and Conditions require written form.
Contact details of seller: Veronika Tomašíková, Lovčičky 91, postal code: 683 54, , tel.:+420 776 706 606
These Terms and Conditions become effective on June 1, 2019