Terms and Conditions

for the sale of goods through the online shop located at the web address: www.fotoobrazybrno.cz

Company / name: Tomáš Picka
Registered office: Moldavská 7, 625 00 Brno
Company ID No.: 723 90 344
Legal form: Self-employed individual operating under the Trade Licensing Act, not registered in the Commercial Register
Date of registration: 6 Feb 2002
Date of establishment: 6 Feb 2002
Scope of business: Preparation and development of technical designs, graphic and drawing work. Advertising activities, marketing, media representation
Institutional sector: Other self-employed persons
Postal address: Tomáš Picka, Moldavská 5, 625 00 Brno

1. INTRODUCTORY PROVISIONS

1.1. These terms and conditions (the „terms and conditions“) of Tomáš Picka, with registered office at Brno, Moldavská 7, postcode 625 00, Company ID No.: 72390344 (the „seller“) govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (the „Civil Code“), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (the „purchase contract“) concluded between the seller and another natural person (the „buyer“) through the seller’s online shop. The online shop is operated by the seller on a website located at the web address www.fotoobrazybrno.cz (the „website“), via the website interface (the „shop web interface“).
1.2. The terms and conditions do not apply to cases where a person intending to purchase goods from the seller is a legal entity or a person acting in the course of their business activity or independent profession when ordering goods.
1.3. Provisions deviating from the terms and conditions may be agreed in the purchase contract. Such deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are drawn up in the Czech language. The purchase contract may be concluded in the Czech language.
1.5. The seller may amend or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations that arose during the period of effect of the previous wording of the terms and conditions.

2. CONCLUSION OF THE PURCHASE CONTRACT

2.1. All presentation of goods in the shop web interface is informative in nature and the seller is not obliged to conclude a purchase contract regarding such goods. Section 1732(2) of the Civil Code shall not apply.
2.2. The shop web interface contains information about the goods, including the prices of individual goods and the costs of returning goods where such goods cannot, by their nature, be returned by the usual postal route. The prices of goods are stated inclusive of value added tax and all related charges. The prices of goods remain valid for as long as they are displayed in the shop web interface. This provision does not limit the seller’s ability to conclude a purchase contract on individually agreed terms.
2.3. The shop web interface also contains information about the costs associated with packaging and delivery of the goods. The information about packaging and delivery costs stated in the shop web interface applies only where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer completes the order form in the shop web interface. The order form contains, in particular, information about:
2.4.1. the goods ordered (the buyer „places“ the ordered goods into the electronic shopping cart of the shop web interface),
2.4.2. the method of payment of the purchase price of the goods, details of the requested method of delivery of the ordered goods, and
2.4.3. information about the costs associated with delivery of the goods (hereinafter jointly the „order“).
2.5. Before submitting the order to the seller, the buyer is allowed to check and change the data entered into the order, including with regard to the buyer’s ability to detect and correct errors made when entering data into the order. The buyer submits the order to the seller by clicking the „Order“ button. The data stated in the order is considered correct by the seller. The seller shall, immediately upon receipt of the order, confirm such receipt to the buyer by email, to the buyer’s email address stated in the user account or in the order (the „buyer’s email address“).
2.6. Depending on the nature of the order (quantity of goods, amount of the 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 telephone).
2.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order, which is sent by the seller to the buyer by email to the buyer’s email address.
2.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using means of distance communication in connection with concluding the purchase contract (costs of internet connection, costs of telephone calls) are borne by the buyer, and these costs do not differ from the standard rate.

3. PRICE OF GOODS AND PAYMENT TERMS

3.1. The buyer may pay the price of the goods and any costs associated with delivery of the goods under the purchase contract to the seller only by cashless transfer to the seller’s account No. 194285410/0600, held with GE Money Bank (the „seller’s account“);
3.2. Together with the purchase price, the buyer is obliged to also 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 understood to also include the costs associated with delivery of the goods.
3.3. The seller does not require any deposit or other similar payment from the buyer. This is without prejudice to Article 3.6 of the terms and conditions regarding the obligation to pay the purchase price of the goods in advance.
3.4. In the case of cashless payment, the purchase price is due within 14 days of conclusion of the purchase contract.
3.5. In the case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the payment’s variable symbol. In the case of cashless payment, the buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the seller’s account.
3.6. The seller is entitled, in particular where the buyer fails to provide additional confirmation of the order (Article 2.6), to require payment of the entire purchase price before the goods are dispatched to the buyer. Section 2119(1) of the Civil Code shall not apply.
3.7. Any discounts on the price of goods granted by the seller to the buyer cannot be combined with one another.
3.8. Where it is customary in business dealings or where so required by generally binding legal regulations, the seller shall issue a tax document – an invoice – to the buyer in respect of payments made under the purchase contract. The seller is a value added tax payer. The seller shall issue the tax document – invoice – to the buyer after payment of the price of the goods and send it electronically to the buyer’s email address.

4. WITHDRAWAL FROM THE PURCHASE CONTRACT

4.1. The buyer acknowledges that, pursuant to Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods that were customised according to the buyer’s wishes or for the buyer’s person, from a purchase contract for the supply of goods that are perishable, as well as goods that, after delivery, were irreversibly mixed with other goods, from a purchase contract for the supply of goods in a sealed package which the consumer removed from the packaging and which cannot be returned for hygienic reasons, and from a purchase contract for the supply of an audio or video recording or a computer program if the original packaging was broken.
4.2. Where it is not a case under Article 4.1 of the terms and conditions or another case in which withdrawal from the purchase contract is not possible, the buyer has the right, in accordance with Section 1829(1) of the Civil Code, to withdraw from the purchase contract within fourteen (14) days of taking delivery of the goods, whereby if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the day of taking delivery of the last delivery of goods. Withdrawal from the purchase contract must be sent to the seller within the period stated in the previous sentence. To withdraw from the purchase contract, the buyer may use the sample form provided by the seller, which forms an annex to the terms and conditions. The buyer may send the withdrawal from the purchase contract to the seller’s email address.
4.3. In the case of withdrawal from the purchase contract under Article 4.2 of the terms and conditions, the purchase contract is cancelled from the outset. The goods must be returned to the seller within fourteen (14) days of withdrawal from the contract. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even where the goods cannot, by their nature, be returned by the usual postal route.
4.4. In the case of withdrawal from the contract under Article 4.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer’s withdrawal from the purchase contract, in the same manner in which the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already upon the return of the goods by the buyer or in another manner, if the buyer agrees and no additional costs arise for the buyer thereby. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or proves that the goods have been dispatched to the seller.
4.5. The seller is entitled to unilaterally set off a claim for compensation for damage caused to the goods against the buyer’s claim for the return of the purchase price.
4.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with Section 1829(1) of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, up until the buyer takes delivery of the goods. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to an account designated by the buyer.
4.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with a resolutive condition that, if the buyer withdraws from the purchase contract, the gift contract regarding such gift ceases to be effective and the buyer is obliged to return the provided gift to the seller together with the goods.

5. TRANSPORT AND DELIVERY OF GOODS

5.1. Where the method of transport is agreed on the basis of the buyer’s special request, the buyer bears the risk and any additional costs associated with that method of transport.
5.2. Where the seller is obliged under the purchase contract to deliver the goods to the place designated by the buyer in the order, the buyer is obliged to take delivery of the goods upon delivery.
5.3. Where, for reasons on the buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the other method of delivery.
5.4. When taking delivery of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without delay. If a breach of the packaging indicating unauthorised entry into the consignment is found, the buyer need not take delivery of the consignment from the carrier.
5.5. Further rights and obligations of the parties in the transport of goods may be governed by the seller’s special delivery terms, if issued by the seller.

6. RIGHTS ARISING FROM DEFECTIVE PERFORMANCE

6.1. The rights and obligations of the parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
6.2. The seller is liable to the buyer that the goods are free of defects upon receipt. In particular, the seller is liable to the buyer that, at the time the buyer took delivery of the goods:
6.2.1. the goods have the characteristics agreed by the parties and, in the absence of an agreement, have the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising carried out by them,
6.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
6.2.3. the goods correspond in quality or design to the agreed sample or template, where quality or design was determined according to an agreed sample or template,
6.2.4. the goods are in the corresponding quantity, measure or weight, and
6.2.5. the goods comply with the requirements of legal regulations.
6.3. The provisions set out in Article 6.2 of the terms and conditions do not apply to goods sold at a lower price for the defect for which the lower price was agreed, to wear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear the goods had when taken over by the buyer, or where this follows from the nature of the goods.
6.4. If a defect manifests itself within six months of receipt, the goods are deemed to have been defective already upon receipt. The buyer is entitled to exercise the right arising from a defect that occurs in consumer goods within twenty-four months of receipt.
6.5. Further rights and obligations of the parties related to the seller’s liability for defects may be governed by the seller’s complaints procedure.

7. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES

7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of Section 1826(1)(e) of the Civil Code.
7.3. The Czech Trade Inspection Authority, with registered office at Štěpánská 567/15, 120 00 Prague 2, Company ID No.: 000 20 869, website: http://www.coi.cz, is competent for the out-of-court resolution of consumer disputes arising from the purchase contract.
7.4. The seller is authorised to sell goods on the basis of a trade licence. Trade licensing inspection is carried out within its competence by the relevant trade licensing office. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, to a defined extent, among other things, supervision of compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
7.5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.

8. PROTECTION OF PERSONAL DATA

8.1. The protection of personal data of a buyer who is a natural person is provided by Act No. 101/2000 Coll., on the protection of personal data, as amended.
8.2. The buyer consents to the processing of the following of their personal data: first and last name, residential address, company ID number, tax identification number, email address, telephone number (hereinafter jointly the „personal data“).
8.3. The buyer consents to the processing of personal data by the seller for the purposes of exercising the rights and obligations under the purchase contract and for the purposes of maintaining the user account. Unless the buyer chooses otherwise, they also consent to the processing of personal data by the seller for the purposes of sending information and commercial communications to the buyer. Consent to the processing of personal data in full under this Article is not a condition that would in itself prevent the conclusion of the purchase contract.
8.4. The buyer acknowledges that they are obliged to provide their personal data correctly and truthfully when placing an order from the shop web interface and that they are obliged to inform the seller without undue delay of any change in their personal data.
8.5. The seller may entrust the processing of the buyer’s personal data to a third party as a processor. Apart from persons transporting the goods, the seller will not pass on personal data to third parties without the buyer’s prior consent.
8.6. Personal data will be processed for an indefinite period. Personal data will be processed in electronic form by automated means or in printed form by non-automated means.
8.7. The buyer confirms that the personal data provided is accurate and that they have been informed that the provision of personal data is voluntary.
8.8. If the buyer believes that the seller or the processor (Article 8.5) is processing their personal data in a manner contrary to the protection of the buyer’s private and personal life or contrary to the law, in particular if the personal data is inaccurate with regard to the purpose of its processing, they may:
8.8.1. ask the seller or the processor for an explanation,
8.8.2. require the seller or the processor to remedy the resulting situation.
8.9. 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 require reasonable compensation for providing the information under the previous sentence, not exceeding the costs necessary to provide the information.

9. SENDING OF COMMERCIAL COMMUNICATIONS AND STORAGE OF COOKIES

9.1. The buyer consents to the sending of information related to the goods, services or business of the seller to the buyer’s email address and further consents to the sending of commercial communications by the seller to the buyer’s email address.
9.2. The buyer consents to the storage of so-called cookies on their computer. If a purchase on the website can be made and the seller’s obligations under the purchase contract fulfilled without cookies being stored on the buyer’s computer, the buyer may withdraw the consent under the previous sentence at any time.

10. DELIVERY OF COMMUNICATIONS

10.1. Communications may be delivered to the buyer at the buyer’s email address.

11. FINAL PROVISIONS

11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer’s rights arising from generally binding legal regulations.
11.2. If any provision of the terms and conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision whose meaning comes as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
11.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
11.4. An annex to the terms and conditions is the sample form for withdrawal from the purchase contract.
11.5. Contact details of the seller: email address: tomas@hd-production.cz, telephone +420608305193.

In Brno, on 1 January 2016

Annex No. 1

„Withdrawal from the Purchase Contract“ Form

My first and last name
My address
My telephone and email

First and last name of the entrepreneur (or company name)
Company ID No. of the entrepreneur
Address of the entrepreneur
Date
Notice of withdrawal from the purchase contract

Dear Sir or Madam,
on … I concluded a purchase contract with you through your e-shop, the subject of which was the goods: ….. I took delivery of these goods on …
Since the contract was concluded via the internet (telephone), i.e. a typical means of distance communication, I have decided to exercise my right under Section 1829(1) in conjunction with Section 1818 of Act No. 89/2012 Coll., the Civil Code, as amended, and hereby give notice that I withdraw from the above purchase contract.
I am sending the goods back to you in a separate consignment, and at the same time I request that the purchase price of … CZK be remitted to my bank account No. ….., no later than within 14 calendar days of delivery of this withdrawal from the contract.

Yours faithfully,

……………………………………….
(handwritten signature)

Attachments:

Copy of the proof of purchase

„Withdrawal from the Purchase Contract“ Form

Annex No. 2

COMPLAINTS PROCEDURE

1. If a defect occurs during the warranty period, the buyer has, depending on the nature of that defect, the following rights when exercising the warranty:

1.1. In the case of a remediable defect:

a) the right to free, proper and timely removal of the defect

b) the right to replacement of the defective goods or the defective part, unless this is disproportionate given the nature of the defect

c) where the procedures set out in points a) and b) are not possible, the right to a reasonable discount on the purchase price or to withdraw from the purchase contract

In the case of a justified complaint, the customer has the right to reimbursement of the costs associated with the complaint (in particular the postage paid when sending the claimed goods). In the case of withdrawal from the contract due to a defect in the item, the consumer also has the right to reimbursement of the costs of such withdrawal. The costs associated with transporting the goods to the customer after the complaint has been settled are borne by the supplier. The tax document you receive with the goods also serves as the warranty certificate.

1.2. In the case of an irremediable defect:

a) the right to replacement of the defective goods or to withdraw from the purchase contract

In the case of a remediable defect, where the buyer cannot properly use the item due to the recurrence of the defect after repair (i.e. the goods have already been claimed 3 times for the same defect) or due to a greater number of defects

b) the right to replacement of the defective goods or to withdraw from the purchase contract

In the case of other irremediable defects, and where the consumer does not request replacement of the item:

c) the right to a reasonable discount on the purchase price or to withdraw from the purchase contract

2. Complaints do not apply to cases where:

a) the fault or damage demonstrably arose from incorrect use, contrary to the instructions for use, or from other improper conduct of the buyer, or demonstrable unauthorised interference with the goods

b) defects arising from normal wear of consumer goods with a specified period of use under special legal regulations, where such a complaint is made after the expiry of that period

c) defects caused by natural disasters