Terms and conditions for e-shop
The mutual rights and obligations of the User and the Operator, in particular the rights and obligations arising from the Purchase Contract, are governed by these Terms and Conditions (hereinafter referred to as "Terms and Conditions").
In these Terms and Conditions.
"E-shop" means a computer program - an Internet application available on the Internet via the Internet address www.kolekce-havel.cz, the main functionality of which is the display, selection and ordering of goods by the User;
"Purchase Contract" means a purchase contract within the meaning of § 2079 et seq. of the Civil Code concluded between the Operator as a seller and the User as a buyer via the E-shop;
"Shopping Cart" means the part of the E-shop that is automatically generated by the activation of the relevant functions by the User as part of his/her actions in the user environment of the E-shop, in particular by adding or removing Goods and/or changing the quantity of the selected Goods;
"Civil Code" means Act No. 89/2012 Coll., Civil Code, as amended;
"Operator" means U.S. REST AND SHOP, LLC, org. component, ID No.: 28508271, with registered office at Veselská 699, 199 00 Prague 9;
"Access Data" means the unique login name and associated password entered by the User into the E-shop database during Registration;
"Registration" means the electronic registration of the User to the E-shop database by filling in at least the mandatory registration data in the E-shop user interface and the Access Data and their subsequent storage in the E-shop database;
"Consumer" means a User - a person who, outside the scope of his/her business activity or outside the scope of independent exercise of his/her profession, concludes a Contract with the Operator or otherwise deals with the Operator;
"User" means any legal or natural person who uses the E-shop;
"User Account" means the part of the E-shop that is set up for each User by Registration (i.e. is unique for each User) and made available after entering the Access Data;
"Goods" means the item offered by the Operator for sale to the User via the E-shop and, if offered in addition to the Goods, the licence to use the item;
Pre-contractual information for the Consumer
The Operator concludes contracts, the subject of which is the provision of services, and contracts under which copyrighted digital content is supplied on CD/DVD or other media.
With regard to the price of the Goods and the cost of shipping and other charges, the following shall apply:
In the case of license agreements concluded for an indefinite term, the price of the license is agreed for the entire period of the license, unless otherwise specified.
The prices of the Goods, Services and Licensed Content are quoted on the Website inclusive and exclusive of VAT, including any charges provided for by law, however, the cost of delivery of the Goods or Services will vary depending on the method and provider of delivery and method of payment chosen. The agreed price does not include any payments, fees or other charges that the User must incur for services provided by third parties in connection with the payment of the agreed price; such costs shall be borne solely by the User.
In the event of withdrawal from the contract, the Consumer shall bear the costs of returning the Goods and, in the case of a contract concluded by means of distance communication, the costs of returning the Goods if they cannot be returned by normal postal means due to their nature.
In the event that the subject of the contract is the delivery of digital content that will not be delivered on a tangible medium, the Consumer expressly consents to the delivery of such content before the expiry of the statutory withdrawal period.
For withdrawal from the contract, the following applies:
The Consumer has the right to withdraw from the Purchase Contract within fourteen (14) days of receipt of the Goods, in accordance with the provisions of Section 1829(1) of the Civil Code. In the event that the subject of the Purchase Contract is several types of Goods or the delivery of several parts, this period shall run from the date of receipt of the last delivery of the Goods. Withdrawal from the Purchase Contract must be sent to the Operator (as the Seller) within the period specified in this paragraph.
The withdrawal from the Contract shall be sent at your expense to the Operator at ESA Logistic - kolekce-havel.cz, U Špejcharu 514, 252 67 Tuchoměřice.
The Consumer is obliged to send the withdrawal from the given Purchase Contract back to the Operator without undue delay, no later than within 14 days from the date on which the withdrawal was made, or to hand it over to the Operator at the address of the Operator's premises or registered office. The time limit shall be deemed to have been observed even if the Goods are sent to the Operator no later than the last day of the aforementioned period.
The Consumer cannot withdraw from the contract within the meaning of Section 1837 of the Civil Code:
for the provision of services if they have been performed with his prior express consent before the expiry of the withdrawal period and the Operator has informed the Consumer before the conclusion of the contract that in such case he has no right to withdraw from the contract,
the supply of goods or services the price of which depends on financial market fluctuations independent of the entrepreneur's will and which may occur during the withdrawal period,
the delivery of alcoholic beverages, which may be delivered only after the expiry of 30 days and the price of which depends on financial market fluctuations independent of the entrepreneur's will,
the delivery of goods which have been adapted to the consumer's wishes or to his person,
the delivery of perishable goods and goods which have been irretrievably mixed with other goods after delivery,
repairs or maintenance carried out at a place designated by the consumer at his request; this shall not apply, however, in the case of subsequent repairs other than those requested or the supply of spare parts other than those requested,
the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygiene reasons,
the supply of an audio or visual recording or a computer program where the original packaging has been damaged,
the supply of newspapers, periodicals or magazines,
accommodation, transport, catering or leisure, provided that the trader provides these services within the time limit set,
concluded on the basis of a public auction pursuant to the law governing public auctions, or
the supply of digital content, unless it is supplied on a tangible medium and has been supplied with the prior express consent of the consumer before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the conclusion of the contract that he has no right of withdrawal in that case.
The consumer is obliged to pay a proportionate part of the price in the event of withdrawal from a contract the subject of which is the provision of services and the performance of which has already begun.
If the Consumer withdraws from the Purchase Contract, he/she is obliged to provide in writing his/her bank account number for the refund of the purchase price for the Goods, which may be reduced if the legal grounds for this are fulfilled.
If the Consumer withdraws from the Purchase Contract in respect of Goods which are returned to the Operator damaged and/or worn out, in particular if the original markings of the Goods (i.e. tags, stickers, etc.) are removed, the Consumer shall reimburse the Operator for the cost of restoring the Goods to their original condition.
The form for withdrawal from the Purchase Contract is attached as Annex 1 to these Terms and Conditions.
The Consumer shall be liable to the Operator for any reduction in the value of the Goods as a result of handling the Goods in a manner other than that necessary to become familiar with the nature and characteristics of the Goods, including their functionality.
The Operator does not make use of the possibility of out-of-court settlement of consumer complaints. The Czech Trade Inspection Authority handles out-of-court consumer complaints in the manner and under the conditions set out in the relevant legislation.
Process of concluding the Contract
The Operator, through the E-shop, offers the Users to purchase the Goods by indicating the designation of the Goods, detailed information about the characteristics of the Goods, the price of the Goods including value added tax and all related fees, the cost of transport and, if applicable, the cost of returning the Goods if they cannot be returned by normal postal transport.
To order Goods, the User shall place the Goods ordered in the E-shop shopping cart by clicking on the "Add to Cart" button on the graphic cart icon or a button with a similar meaning. He then fills in the order form, which contains in particular information about:
the Goods ordered;
the method of payment of the purchase price;
the method of delivery/delivery of the ordered Goods, while being informed of the costs associated with such delivery/delivery,
hereinafter referred to as the "Order".
Before sending the Order, the User is entitled to check the Order and change its content and the data he has filled in.
The User undertakes to fill in the relevant text fields in the User Account or in the Order with true and complete data, in particular his/her e-mail address, telephone number, identification data and, where applicable, delivery address. The User acknowledges that the Operator will reasonably consider the data entered by him/her to be correct and complete and is not entitled to check the data entered.
The User shall send the order to the Operator by clicking on the button marked "Complete Order" or "Submit Order" or a button with a similar meaning.
Immediately upon receipt of the Order, the Operator shall confirm such receipt to the User by e-mail to the User's address indicated in the User's account or in the Order.
The Operator is entitled to ask the User for additional confirmation of the Order.
The Purchase Contract between the Operator and the User is concluded upon receipt of the Order (proposal for conclusion of the Contract), which is sent to the User in accordance with 3.6 of these Terms and Conditions.
The User agrees to the use of remote means of communication in concluding the Purchase Contract. The costs incurred in connection with the conclusion of the Purchase Contract shall be borne by the User, and such costs shall not differ from the basic rate.
All Goods presented within the user environment of the E-shop are for information purposes only and the Operator is not obliged to conclude a Contract in respect of such Goods. The provisions of Section 1732(2) of the Civil Code shall not apply.
Upon conclusion of the Purchase Agreement, the following provisions shall come into force:
The User shall purchase from the Operator the Goods that the User has selected in the user interface of the E-shop by entering them in the Shopping Cart, in the quantity that the User has selected and/or set for the Goods in the user interface of the E-shop, and the User undertakes to pay the Operator for the Goods the price that is indicated for such Goods in the user interface of the E-shop.
The Operator shall have the right to withdraw from the Purchase Contract for any reason or no reason until the Goods are dispatched to the User. The withdrawal from the Purchase Contract shall also be deemed to be a legal action of the Operator consisting in notifying the User that the Goods ordered by him cannot be delivered.
The method of packing the Goods shall be determined solely by the Operator; the provisions of Section 2097 of the Civil Code are hereby excluded.
The User is obliged to pay to the Operator the costs associated with the packaging and delivery of the goods to the User, in the amount indicated for the Order in the Portal's user environment.
The User has the right to choose from the options displayed to the User in the user environment of the E-shop the method of payment of the purchase price for the Goods and, if applicable, other monetary benefits to the Operator.
If any of the payment methods contains information about the cost of making such payment, the User is obliged to bear the cost of making such payment, which is indicated for the given payment in the user environment of the E-shop.
In the case of non-cash payment by bank transfer, the User is obliged to indicate the variable symbol specified by the Operator.
In the case of a non-cash payment, the User's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the Operator's bank account.
The Operator has the right to grant the User a discount on the price of the Goods. Discounts on the price of the Goods may be combined with each other, unless expressly stated otherwise.
The purchase price for the Goods does not include any payments, fees or other charges that the User has to incur for services provided by third parties in connection with the payment of the purchase price for the Goods; such costs are solely the User's costs.
The Operator retains title to the Goods subject to the Purchase Agreement until the User has paid the purchase price for the Goods in full.
The Operator undertakes to deliver the Goods to the User within a reasonable time after the conclusion of the Purchase Contract. All delivery times for the Goods indicated in the user interface of the E-shop are indicative only.
The Operator shall always send the User a tax document - invoice in electronic form to the User's email address entered in the User interface of the E-shop during the order.
If the Operator provides the User with a gift together with the Goods, the gift contract between the User and the Operator is concluded with the condition that if the Purchase Contract is terminated (e.g. due to withdrawal from the Purchase Contract), the gift contract shall be terminated without further delay together with the Purchase Contract and the User shall be obliged to return the gift together with the Goods to the Operator.
The Operator provides the User with a warranty for the Goods if the warranty period is indicated for the Goods in the user interface of the E-shop, for the duration of the indicated warranty period, whereby the warranty so indicated applies only to the Consumer.
The User shall be entitled to exercise the right of withdrawal and rights arising from defective performance at the Operator's registered office or business premises. The moment when the Operator receives the claimed Goods from the User shall be considered as the moment of claiming.
If the Goods are indicated as used within the user interface of the E-shop, the User shall purchase the Goods in used condition, including the indicated defects of such Goods.
The risk of loss, damage and/or destruction of the Goods subject to the Purchase Contract shall pass to the User who is a Consumer upon receipt of the Goods by the User.
The risk of loss, damage and/or destruction of the Goods subject to the Contract shall pass to the User who is not a Consumer at the moment of receipt of the Goods by the User.
The User has the right to create a User Account by registering.
The User is obliged to enter the Access Data before entering the User Account.
The User's Identification Data entered during Registration shall be deemed to be the data entered during the order of each Goods made by the User after logging into his User Account.
The User shall not provide third parties with Access Credentials or any other access to the User Account. The User shall take all reasonable measures to keep them confidential. The User shall be fully liable for any unauthorized use of such Access Credentials or User Account and for any damage so caused to the Operator or third parties. In the event of loss, theft or other violation of the right to use these passwords, the User shall immediately notify the Operator. The Operator shall provide the User with new access data within a reasonable period of time.
In case of User's registration, the conditions of § 1752 paragraph 1 of the Civil Code are fulfilled and the Operator is entitled to unilaterally change these Terms and Conditions; it shall notify the User of the change via the E-shop and/or by e-mail to the User's e-mail address entered into the E-shop database. The User shall have the right to reject the changes to the Terms and Conditions within 30 days from the first login to the User's account after the notification of the change to the Terms and Conditions (if delivered via the E-shop) or from the delivery of the e-mail message to the User's e-mail inbox (if delivered via e-mail) and to terminate the obligation for this reason within a notice period of 30 days, which the parties agree is sufficient to procure similar performance from another supplier.
The Operator shall be liable to the Consumer that the Goods are free from defects on receipt.
If the Goods contain defects, the Consumer shall have the right to demand delivery of new Goods without defects, unless this is unreasonable in view of the nature of the defect, but if the defect relates only to a part of the Goods, the Consumer may only demand replacement of that part; if this is not possible, the Consumer shall have the right to withdraw from the Purchase Contract.
The Consumer is also entitled to the delivery of new Goods or the replacement of a component in the event of a removable defect, if the Goods cannot be used properly due to the recurrence of the defect after repair or due to a large number of defects. In this case, the Consumer has the right to withdraw from the Purchase Contract.
If the Consumer does not withdraw from the Purchase Contract or does not exercise the right to delivery of new Goods without defects or to replacement of its parts or to repair of the Goods, the Consumer may demand a reasonable discount. The Consumer is also entitled to a reasonable discount if the Operator cannot deliver new Goods without defects, replace a part of the Goods or repair the Goods, as well as if the Operator fails to remedy the defect within a reasonable time or if the remedy would cause the Consumer significant difficulties.
The Consumer shall not be entitled to the right of defective performance if the Consumer knew that the Goods were defective before taking delivery of the Goods or if the Consumer caused the defect.
The Operator's liability for defects in the Goods shall not apply to wear and tear of the Goods caused by their normal use, in the case of Goods sold at a lower purchase price to the defect for which the lower purchase price was agreed, in the case of used Goods to the defect corresponding to the level of use or wear and tear that the Goods had when taken over by the Consumer, or if this results from the nature of the Goods.
If the Goods are guaranteed, the Consumer has the right to claim liability for defective performance within the guarantee period.
At the Consumer's request, the Operator shall provide the Consumer with a warranty certificate. If the nature of the Goods so permits, it shall be sufficient to issue the Consumer with a proof of purchase of the Goods containing the same information as the warranty certificate instead of the warranty certificate. The warranty certificate must contain the name and surname, name or business name, registration number and registered office of the Operator.
In the event that the Consumer exercises his/her right to have the defects in the Goods rectified by repairing the Goods for which an entrepreneur other than the Operator, whose registered office or place of business is in the same location as the Operator or in a location closer to the Consumer, is designated for the purpose of warranty repairs, the Consumer shall exercise the right to warranty repairs with that entrepreneur.
Complaints about the Goods, including the removal of defects in the Goods, must be settled without undue delay, no later than 30 days from the date of the complaint, unless the Operator and the Consumer agree on a longer period. After the expiry of this period, the Consumer shall have the same rights as if it were a material breach of the Contract.
The time limit for the settlement of the claim shall be suspended in the event that the Operator has not received all the documents necessary for the settlement of the claim, until the documents are delivered.
The Operator or its designee shall invite the Consumer to take delivery of the repaired Goods after the claim has been properly processed.
The right to exercise the rights arising from defects in the Goods shall be extinguished in the event of unprofessional assembly or unprofessional commissioning of the Goods, as well as in the event of unprofessional handling of the Goods, i.e. in particular in the event of using the Goods in conditions that do not correspond to the parameters specified in the documentation for the Goods.
Protection of personal data
The Operator is legally obliged to protect and secure the personal data provided. Therefore, the Operator uses various effective security technologies to protect personal data from unauthorized disclosure or use.
Use of the E-shop
The Operator hereby grants the User a non-exclusive license to use the E-shop in the manner provided for in these Terms and Conditions.
The Operator has the right to change the E-shop, i.e. its technical design and/or user interface.
The Operator has the right to limit or interrupt the functionality of the E-shop or access to it for the time necessary for maintenance or repair of the E-shop or any other reason on the part of the Operator or a third party.
The User is obliged to comply with the valid and effective legislation of the Czech Republic and the European Community when using the E-shop. The User is obliged to compensate the Operator or third parties in full for any damages incurred in this way.
In the event of a breach of these Terms and Conditions or the Purchase Agreement or the valid and effective legislation, the Operator has the right to cancel the User's account.
Declaration of the Operator
The Operator declares that the data records in the E-shop, as an electronic system, are reliable and are carried out systematically and sequentially and are protected against changes.
Due to a technical error in the E-shop, the purchase price of the Goods may be displayed at an amount that is grossly inadequate to the usual market price for such Goods; in such a case, the Operator shall not be obliged to deliver the Goods at the displayed purchase price, but shall contact the User and inform him of the actual purchase price of the Goods in question and the User shall have the right to decide whether to accept the Goods at the actual purchase price, failing which the Purchase Contract shall be cancelled from the outset.
The User acknowledges that the photographs of the Goods in the E-shop may be illustrative or may give a distorting impression due to their conversion to display in the User's technical means, therefore the User is always obliged to read the full description of the Goods and contact the Operator in case of any doubts.
Contact details of the Operator for communication with the User are provided in the user interface of the E-shop in the section www.kolekce-havel.cz/kontakty-s-0.
Return of electrical appliances
With regard to the obligation set forth by the Operator by the provision of § 38 of Act No. 185/2001 Coll., the Waste Act and on amendments to certain other acts, as amended, the Operator hereby informs the Users that it allows Users to submit old appliances for disposal free of charge to the Operator's contractual partner, which is ASEKOL, at the address of the take-back points, see www.asekol.cz.
Electronic sales registration
According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer and is also obliged to register the received sales with the tax authorities online; in case of technical failure, within 48 hours at the latest.
The invoice containing the mandatory data and the receipt according to Act No. 112/2016 Coll., on the registration of sales, will be sent to the User in the form of a link to download these documents or as an attachment to an e-mail. The Buyer agrees to this.
More information is available on the following website: http://www.etrzby.cz/cs/zakladni-informace-pro-zakazniky
These Terms and Conditions, as well as the Purchase Contract, are governed by the law of the Czech Republic, in particular the Civil Code.
These Terms and Conditions come into force on 1 January 2022.