TERMS AND CONDITIONS

These Terms and Conditions are valid for purchases in the GIFT Store at http://eshop.ceskehracky.com. The terms and conditions define and specify the rights and obligations of the e-shop operator, which is the company Pohádka s.r.o. , IČ: 25055771, DIČ: CZ25055771, with its registered office at Slivenecká 137/53, Hlubočepy, 152 00 Prague, (hereinafter referred to as "the seller"), and a customer (hereinafter referred to as "the buyer").

All contractual relations are concluded in accordance with the laws of the Czech Republic, in particular the Civil Code (Act No. 89/2012 Coll.).

1. MAIN INFORMATIONS

Consumer contract - purchase contract, work contract, eventually other contracts under the Civil Code, if the contracting parties are on the one hand the consumer and on the other hand the supplier, respectively. seller.

Seller (Supplier) - is a legal entity that acts in the course of its business or other business activities when concluding and performing the Contract. It is an entrepreneur who, directly or through other entrepreneurs, supplies products or services to the buyer. The seller is the company Pohádka s.r.o. , ID: 25055771, Tax ID: CZ25055771, with registered office at Slivenecká 137/53, Hlubočepy, 152 00 Prague. The seller is a VAT payer.

Consumer (buyer) - is a person who, when concluding and performing the contract, does not act in the course of his business or other business. It is a natural or legal person who purchases products or uses services for a purpose other than doing business with these products or services.

A buyer who is not a consumer is a person who, when concluding and performing the contract, acts within his business.

2. CONTACT:

3. ORDERING GOODS AND CLOSING THE PURCHASE AGREEMENT

The list of products at www.eshop.ceskehracky.com is a catalog of commonly supplied goods. Seller does not guarantee immediate availability of all displayed items. The availability of the goods will always be confirmed after verification. To determine the purchase price, the price of the goods displayed by the web interface at the time of order execution is decisive.

To make an order you need to do the following - the buyer selects the goods, duly completes the order form and sends the order. The buyer is obliged to state the correct and complete postal and billing address to which the ordered goods are to be sent. Information about the individual technical steps leading to the conclusion of the contract can be seen in the ordering process at www.eshop.ceskehracky.com. The buyer has the option to check this and, if necessary, correct it before sending the order.

By placing an offer to sell the goods on the website, the seller expresses his will to conclude a purchase contract for the goods or. services under the above conditions. The purchase contract arises at the moment of delivery of the binding order of the buyer to the seller. From this moment between the Buyer and the Seller, mutual rights and obligations arise which are defined by the Purchase Agreement and the Business Terms and Conditions, which are an integral part of this Agreement.

The Terms and Conditions are displayed on the website of the e-shop and are thus archived and reproduced by the Buyer. By sending the order, the buyer confirms that he has read the above-mentioned terms and conditions and agrees with them without reservation. The Buyer is notified of these Terms and Conditions in a sufficient manner before making the order.

The contract is concluded in the Czech and English languages, unless the circumstances on the part of the seller or the buyer prevent it, the contract may also be concluded in another language understood by the parties. The concluded contract (buyer's order) is archived by the seller for the purpose of its successful fulfillment and is not accessible to third parties. The cost of using the means of distance communication (telephone, internet, etc.) to make the order is normal, depending on the telecommunications service tariff used by the customer and the buyer pays for these refunds.

All prices listed on eshop.ceskehracky.com. are final, ie incl. VAT and any other compulsory fees that the consumer has to pay to obtain the goods. The product prices can be verified by the buyer for individual items of goods. The total price for the goods, including related charges, will be calculated before the order is sent, and the buyer will be asked to approve it. The buyer has the opportunity to check the duration of the offer or price before placing an order. Special price items can only be purchased in the usual amount.

Cancel of purchase

Buyers can cancel their order without giving any reason until confirmed by the seller. In accordance with Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract within thirty (30) days of receipt of the goods (see below). The seller has the right to refuse an order if the buyer repeatedly fails to fulfill his obligation to remove the goods and pay the purchase price.

4. SHIPPING ORDER

The Purchase Contract arises at the moment of delivery of the binding order to the Seller. Upon receipt of the order, the seller will send the buyer a confirmation of delivery of the order by e-mail marked "Order confirmation". The order can also be confirmed by phone. When ordering by phone, the seller and the buyer confirm its content, in particular the type of goods, the number of items, the price for the goods and the shipping, and the manner and date of delivery.

Delivery time

The ordered goods will be delivered by the Czech Post or another carrier according to its availability and operational possibilities of the Seller as soon as possible. Goods are deemed delivered by delivery to the address specified by the buyer in their order.

Way of transportation

Transport of the order to the specified address is ensured by the seller, namely in the territory of the Czech Republic. Shipping costs vary depending on the mode of transport chosen. The buyer chooses a specific delivery method. The list of carriers and the current price list are listed on eshop.ceskehracky.com in the "Delivery Methods" and "Payment Methods" sections and in the second step of the shopping cart.

Method of payment

The buyer has several options to pay the purchase price for the goods. Ways of payment include the price including VAT. The goods can be paid in full to the seller's account under the relevant variable symbol, which identifies the payment (after receiving your order we will send you the variable symbol) or online payment. The shipment with the goods always contains a tax document and instructions for using the product. The customer will collect the tax document together with the goods. If the order is not paid within 14 days of the order being made by the bank transfer, the order is canceled by the seller.

Takeover of goods

When accepting goods from the carrier, we recommend that our customers check that the shipment is not damaged. In case of mechanical damage to the packaging of the product or the product itself, the Buyer, who is not a consumer, is obliged to write a record of damage to the shipment in the presence of the carrier and to confirm this fact by the carrier. Based on the completed record, the buyer will be given a reasonable discount or a new product delivered. The buyer is also entitled to withdraw from the contract. By signing the delivery note to the carrier, the buyer, not the consumer, agrees to take over the goods and confirms that they have arrived mechanically undamaged.

In his own interest, the consumer should also take these steps, avoiding later problems arising from liability for defects caused by transportation (mechanical damage to goods). However, if the consumer does not comply with this procedure, his right to make a claim is not affected in any way.

Personal collection of goods

Goods are reserved to the Buyer at the Seller's premises for a period of 7 business days from the call for its collection.

5. COMPLAINT

If the buyer discovered a defect on the purchased goods during the warranty period, which was not caused by its improper use, but a defect of the product itself, he has the right to claim the goods.

The warranty period begins with the takeover of the goods by the buyer. The Seller provides for the delivered goods a guarantee stipulated by the Civil Code, ie 24 months. The warranty period is extended by the period during which the goods were under warranty repair. If an item or part is replaced, a new 24-month warranty begins to run.

At the consumer's request, the seller is obliged to provide a guarantee in writing (warranty card). If the nature of the case so permits, it is sufficient to issue to the buyer, instead of the guarantee certificate, a proof of purchase of the item containing the information that must be included in the guarantee certificate. If it is longer than the statutory warranty, the seller will determine the terms and extent of the warranty extension in the warranty card. The warranty card must contain the name and surname, name or business name of the seller, company ID, registered office, if it is a legal entity or a residence if it is a natural person.

The warranty covers manufacturing defects in the goods or other defects that were not caused by improper or improper handling, use of the product contrary to its purpose or mechanical damage. The warranty does not cover normal wear and tear of the goods (or parts thereof) caused by use. Shorter product life cannot be considered a defect and cannot be claimed as such.

Discrepancy with the purchase contract

In the event that the item is not in conformity with the purchase contract upon receipt by the buyer (hereinafter referred to as the "conflict with the purchase contract"), the buyer has the right to the seller to bring the item free of charge and without undue delay to the condition corresponding to the purchase contract. buyer either by exchange or repair; if this is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract. This does not apply if the buyer knew about the contradiction with the purchase agreement before taking over the goods or caused the contradiction with the purchase contract himself. A contradiction with a purchase contract that occurs within six months of the date of receipt of the item shall be deemed to be inconsistent with its acceptance, unless it is contrary to the nature of the matter or unless otherwise proven. In particular, conformity with the purchase contract means that the goods sold are free of defects upon acceptance by the buyer, that they have the quality and performance of the contract required by the seller, the manufacturer or its agent, or the expected or quality and performance characteristics of a thing of this type customary to comply with the requirements of the law is appropriate to the quantity, measure or weight and corresponds to the purpose the seller specifies for use of the item or for which it is normally used.

STEP BY STEP WITH COMPLAINING

If the buyer wants to complain about the goods purchased in the eshop.ceskehracky.com online store, we recommend that you notify this fact immediately by e-mail or telephone. On the pages of the e-shop in the section How I return or advertise the goods, the buyer will find a "Complaint sheet", which will make the complaint easier. Of course, goods can be claimed in another way. The completed form contains: name of the buyer, address, telephone, e-mail, order number, tax document number, detailed description of the defect, or. a description of how the defect originated or manifested. If you are claiming goods in a different way, it is advisable to include these facts. The accepted goods will only be tested for the specified defect. Sending this document will greatly facilitate the identification of the shipment and faster processing of the request. Shipments for which it is not clear why they were sent to us will be returned to the sender.

It is advisable to send the goods in the original packaging or in a suitable transport package, because the seller is not liable for any mechanical damage before the goods are received. In the case of a justified complaint, the buyer has the right to reimbursement of the claiming costs in the necessary amount for safe delivery (the buyer must provide proof of this transport). In the event of an unjustified complaint, the Buyer is not entitled to reimbursement of its costs associated with the settlement of the complaint; alleged abuse of consumer rights).

Settlement of the claim

The seller decides about the complaint immediately, in complex cases within 3 working days. This period does not include the period of time appropriate to the type of product required for expert assessment of the defect. Complaints including defects will be settled without undue delay, no later than 30 calendar days from the date of claim, unless the seller and the buyer agree otherwise. The seller informs the consumer about the result of the complaint by phone, if the phone is not available, and by email. After that period, the consumer has the same rights as if it were a defect that cannot be removed. The Seller shall issue to the Consumer a confirmation of the date and manner of settling the claim, including confirmation of possible repair and its duration, or written justification for rejecting the claim.

Warranty and post-warranty service:

The service point for products is located at: Pohádka s.r.o., Celetná 32 Praha 1 Staré Město 110 00

6. WITHDRAWAL FROM THE CONTRACT

In accordance with Section 1829 (1) of the Civil Code, the Buyer has the right to withdraw from the Purchase Contract in the case of our e-shop within thirty (30) days of receipt of the goods without giving any reasons and any sanctions.

Seller's right of withdrawal

The Seller is entitled to withdraw from the contract only until the goods are dispatched, in the case of unavailability of the goods, in the case of ordering goods with a special price (discount) in a larger than usual amount or, if the consumer is not a consumer, in case of a significant change in its price. Before resigning, the Seller is always obliged to contact the Buyer to agree on further action.

Procedure in case of withdrawal

The Buyer may withdraw from the Contract by informing the Seller of this fact electronically at the email address info@czechtoys.cz, in writing or otherwise, no later than the 30th day after receipt of the goods. In case of withdrawal we recommend to state the order number, date of purchase and enclose a copy of the proof of purchase in the accompanying letter. It is possible to use prepared form Notice of withdrawal from the contract on the e-shop website. Shipments that do not show why they were sent to us will be returned to the sender.

Failure to take over the goods at the supply point does not meet the conditions of Section 1829 (1) of the Civil Code and is therefore not a withdrawal from the contract in the sense of the paragraph. In such a case, the Seller is entitled to reimbursement of costs related to the dispatch of goods (packing and postage). When returning funds from the buyer in such a case, there is no entitlement to return of funds for transport and packing, as is the case with withdrawal from the contract within the meaning of § 1829 paragraph 1 of the Civil Code. In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. Goods must be returned to the seller within fourteen (14) days of withdrawal from the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs of returning the goods to the seller, even if the goods cannot be returned due to their usual postal route.

In case of withdrawal from the contract under the terms and conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the contract by the buyer in the same manner as the seller accepted them from the buyer. The Seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer or otherwise, if the Buyer agrees with this and does not incur additional costs for the Buyer. 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 were sent to the seller.

The Seller is entitled to unilaterally set off the claim for damages to the goods against the Buyer's claim for the refund of the purchase price. The consumer is only entitled to a refund of the lowest transport amount in the event of withdrawal from the contract (if he has chosen a more expensive mode of transport).

If a gift is given to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the termination condition that if the buyer withdraws from the contract, the gift contract for such gift is lost and the buyer is obliged to return the goods to the seller as well gift provided.

7. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES

Consumer complaints are handled by the seller via e-mail address - info@czechtoys.cz. The Seller shall send the Buyer's complaint to the Buyer's e-mail address.

The out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs. The on-line dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the sales contract.

European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is the contact point of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on the resolution of consumer disputes on-line and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (Regulation on consumer dispute resolution online).

The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a limited extent, supervision over compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8. PRIVACY POLICY

Its duty to inform the purchaser in accordance with Article 13 of Regulation (EC) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) relating to the processing of the Buyer's personal data for the purpose of performance of the Purchase Agreement, for the purpose of negotiating the Purchase Agreement and for the purposes of fulfilling the Seller's public service obligations through a separate document - Privacy Policy.

9. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

Pursuant to Section 7 (2) of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees with sending commercial communications to the electronic address or to the buyer's phone number. The Seller delivers his / her information duty to the Buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the Buyer's personal data for the purpose of sending commercial communications through a separate document.

Buyer agrees to store so-called cookies on his computer. In the event that the purchase on the website can be performed and the seller's obligations under the purchase contract, without the so-called cookies stored on the buyer's computer, the buyer may withdraw the consent under the previous sentence at any time.

10. FINAL PROVISIONS

These Terms and Conditions apply in the version stated on the Seller's website, on the day of sending the electronic order by the Buyer.

These Purchase Rules will come into effect on June 29, 2019 and with applicable laws of the Czech Republic. Subject to change.


Follow us on Facebook