Terms and conditions

TERMS AND CONDITIONS

business name ISCA z. s.

with registered office U Michelského mlýna 1521/31

identification number: 08909261

registered in the Commercial Register: file number L 73082 kept at the Municipal Court in Prague

for the sale of articles via the on-line shop located at the Internet address https://www.hodnypes.cz/shop/

1. Introductory provisions

1.1 These Terms and Conditions (hereinafter referred to as "Terms and Conditions") of ISCA z. s., with registered office at U Michelského mlýna 11521/31, Prague 4, identification number: 08909261, registered in the Commercial Register kept at the Municipal Court in Prague, under file number L 73082 (hereinafter referred to as "Seller") regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll, Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another natural or legal person (hereinafter referred to as the "Buyer") through the Seller's online shop. The online shop is operated by the Seller on the website located at https://www.hodnypes.cz/shop/ (hereinafter referred to as the "Website"), through the interface of the Website (hereinafter referred to as the "Shop Web Interface").

1.2 The Terms and Conditions do not apply if the person intending to purchase items from the Seller is a legal person or a person acting in the course of their business or profession.

1.3 Provisions deviating from the terms and conditions may be agreed in the purchase contract. Deviating provisions in the Purchase Contract take precedence over the provisions of the Commercial Terms.

1.4 Provisions of the Terms and Conditions are an integral part of the Purchase Agreement. The Purchase Contract can be concluded in the Czech language.

1.5 The Seller may change or supplement the wording of the Terms and Conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Terms and Conditions.

2. User account

2.1 The Buyer can order items without registration directly from the web interface of the shop.

2.2 When ordering items, the buyer is obliged to provide all information correctly and truthfully. The information provided when ordering items is considered correct by the seller.

3. Concluding the purchase contract

3.1 All presentation of items placed in the web interface of the shop is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2 Web interface of the shop contains information about the items, including the prices of individual items and the cost of returning the items if they cannot be returned by normal postal means. The prices of the items are exclusive of value added tax and all related charges. The prices of the goods remain valid for as long as they are displayed on the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract on individually agreed terms.

3.3 Web interface of the shop also contains information about the costs associated with packaging and delivery of items. The information on the costs associated with the packaging and delivery of items listed in the web interface of the shop applies only in cases where the goods are delivered within the Czech Republic.

3.4 To order goods, the buyer fills in the order form in the web interface of the shop. The order form contains in particular information about:

3.4.1. the goods ordered (the goods ordered are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),

3.4.2. the method of payment of the purchase price of the goods, details of the required method of delivery of the ordered goods and

3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").

3.5 Prior to sending the order to the seller, the buyer is allowed to check and change the data that the buyer has entered into the order, including with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The Buyer shall send the order to the Seller by clicking on the "Complete Order" button. The data provided in the order is considered correct by the seller. The seller shall confirm receipt of the order to the buyer immediately after receipt by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the "buyer's e-mail address").

3.6 Seller is always entitled, depending on the nature of the order (quantity of goods, amount of the purchase price, estimated shipping costs) to ask the buyer for additional order confirmation (for example, in writing or by phone).

3.7 Contractual relationship between the seller and the buyer is established by delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by electronic mail to the buyer's electronic mail address.

3.8 Buyer agrees to the use of remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using remote means of communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs shall not differ from the basic rate.

4. Price of items and payment terms

4.1 Price of the items 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:

- in cash at the seller's premises at Týmlova 274/8, Prague 4, 140 00;

- in cash on delivery at the place specified by the buyer in the order;

- by bank transfer to the seller's account No. 89092617/5500, kept at Raiffeisenbank (hereinafter referred to as the "seller's account")

4.2 Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 Seller does not require a deposit or other similar payment from the buyer. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4 In case of payment in cash or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is due within 7 days of the conclusion of the purchase contract.

4.5 In case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.

4.6 Seller is entitled, especially in the event that the buyer fails to confirm the order (Article 3.6), to require payment of the full purchase price before the goods are shipped to the buyer. Section 2119 (1) of the Civil Code shall not apply.

4.7 Any discounts on the price of the items granted by the seller to the buyer cannot be combined.

4.8 If it is customary in commercial relations or if it is provided for by generally binding legal regulations, the seller shall issue a tax document - an invoice to the buyer in respect of payments made on the basis of the purchase contract. The seller is not a payer of value added tax. The seller shall issue the tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the buyer's electronic address.

5. Cancellation of the Purchase Contract

5.1. Buyer acknowledges that according to the provisions of Section 1837 of the Civil Code, a purchase contract for the supply of goods that have been modified according to the wishes of the buyer or for his person, a purchase contract for the supply of perishable items, as well as items, from a contract for the supply of goods which have been irretrievably mixed with other goods after delivery, from a contract for the supply of goods in sealed packaging which the consumer has removed from the packaging and which cannot be returned for hygienic reasons, and from a contract for the supply of a sound or visual recording or a computer program if the consumer has damaged the original packaging.

5.2 Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where the Purchase Contract cannot be withdrawn from, the buyer shall have 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, and in the case where 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 goods. The cancellation of the purchase contract must be sent to the Seller within the period specified in the previous sentence. For cancellation of the Purchase Contract, the buyer may use the sample form provided by the seller, which is an annex to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's e-mail address hodnypesHP@gmail.com.

5.3 In the event of cancellation of the Purchase Contract pursuant to Article 5.2 of the Terms and Conditions, the Purchase Contract shall be cancelled from the outset. The items must be returned by the buyer to the seller within fourteen (14) days of the delivery of the withdrawal from the purchase contract to the seller. If the buyer withdraws from the purchase contract, the buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.

5.4 In the event of cancellation of the Purchase Agreement pursuant to Article 5.2 of the Terms and Conditions, the seller shall return the funds received from the buyer within fourteen (14) days of the buyer's cancellation of the Purchase Agreement in the same manner as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer already when the goods are returned by the buyer or in any other way, if the buyer agrees to this and does not incur additional costs to 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 to him or proves that he has sent the goods to the seller.

5.5 The seller is entitled to unilaterally set off the claim for payment for damage to the item against the buyer's claim for reimbursement of the purchase price.

5.6 In cases in which the buyer has the right to cancel the purchase contract in accordance with the provisions of Section 1829 (1) of the Civil Code, the seller is also entitled to cancel the purchase contract at any time until the buyer takes over the goods. In this case, the seller shall return the purchase price to the buyer without undue delay, without any delay, by cash to the account designated by the buyer.

5.7 If a gift is given to the buyer together with the item, the gift contract between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the gift contract with respect to such gift ceases to be effective and the buyer is obliged to return the gift together with the item to the seller.

6. Transport and delivery of items

6.1 In the event that the method of transport is agreed upon at the buyer's specific request, the buyer bears the risk and any additional costs associated with this method of transport.

6.2 If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take delivery of the items upon delivery.

6.3 In the event that for reasons on the part of the buyer it is necessary to deliver the items repeatedly or in a different way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the items, or the costs associated with a different method of delivery.

6.4 Upon receipt of the items from the carrier, the buyer is obliged to check the integrity of the packaging of the items and in the event of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorised intrusion into the shipment, the buyer may not accept the shipment from the carrier.

7. Rights from defective fulfillment

7.1 The rights and obligations of the contracting parties with regard to rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of 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).

7.2 Seller shall be liable to the buyer that the items are free from defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods:

7.2.1 Items have the characteristics agreed by the parties and, in the absence of agreement, have the characteristics described by the seller or manufacturer or expected by the buyer in view of the nature of the goods and on the basis of the advertising carried out by them.

7.2.2 Items are fit for the purpose for which the seller states they are used or for which goods of that kind are usually used.

7.2.3 Items correspond in quality or workmanship to the agreed sample or pattern, if the quality or workmanship was determined according to the agreed sample or pattern.

7.2.4 Items are in the appropriate quantity, measure or weight; and

7.2.5 the items comply with the requirements of the legislation.

7.3 Provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to items sold at a lower price to the defect for which the lower price was agreed, to the wear and tear of the goods caused by their normal use, in the case of second-hand goods to the defect corresponding to the level of use or wear and tear that the items had when taken over by the buyer, or if it results from the nature of the items.

7.4 If a defect becomes apparent within six months of receipt, the items shall be deemed to have been defective upon receipt. The buyer is entitled to claim the right to a defect that occurs in consumer goods within twenty-four months of receipt.

7.5 The rights from defective fulfillment shall be exercised by the buyer at the address of the seller's establishment where the acceptance of the claim is possible with regard to the range of items sold.

7.6 Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint regulations.

8. Other rights and obligations of the contracting parties

8.1 Buyer acquires ownership of the goods by paying the full purchase price of the goods.

8.2 Seller is not bound by any codes of conduct in relation to the buyer within the meaning of Section 1826(1)(e) of the Civil Code.

8.3 Buyer complaints are handled by the seller via the electronic address hodnypesHP@gmail.com. The seller sends information about the handling of the buyer's complaint to the buyer's electronic address.

8.4 The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, internet address: https://adr.coi.cz/cs, is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

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

8.6 Seller is authorized to sell items on the basis of a trade license. Trade control is carried out within the scope of its competence by the competent trade authority. Supervision of the protection of personal data is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises, among other things, compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.

8.7 Buyer hereby assumes the risk of change of circumstances within the meaning of § 1765 (2) of the Civil Code.

9. Privacy Policy

9.1 Seller shall fulfill its information obligation towards the buyer within the meaning of Article 13 of the Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons 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") related to the processing of the buyer's personal data for the purposes of the performance of the purchase contract, for the purposes of the negotiations of this contract and for the purposes of the performance of the seller's public obligations through a separate document.

10. Sending commercial communications and storing cookies

10.1 Buyer agrees to send information related to the items, services or business of the seller to the electronic address of the buyer and further agrees to be sent commercial communications by the seller to the electronic address of the buyer. The seller fulfills the information obligation towards the buyer within the meaning of Article 13 of the GDPR related to the processing of the buyer's personal data for the purpose of sending commercial communications by means of a special document.

10.2 Buyer agrees to the storage of cookies on his computer. In the event that the purchase on the website can be made and the seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the buyer's computer, the buyer may withdraw the consent according to the previous sentence at any time.

11. Delivery

11.1 Buyer may be served at the buyer's electronic address.

12. Final provisions

12.1 If the relationship established by the Purchase Agreement contains an international (foreign) element, the parties agree that the relationship shall be governed by Czech law.

12.2 By choosing the law pursuant to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection afforded by the provisions of the legal order which cannot be derogated from contractually and which would otherwise apply in the absence of a choice of law pursuant to Article 6(1) of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (I).

12.3 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 is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.

12.4 The Purchase Contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.

12.5 A sample form for withdrawal from the Purchase Contract is attached to the Terms and Conditions.

12.6 Contact details of the seller: delivery address Týmlova 8, Prague 4, 140 00, e-mail address hodnypesHP@gmail.com.

Prague, 24 November 2023

Annex 1 - Complaint Form

Addressee: ISCA z. s., Týmlova 8, Prague 4, 140 00

Application of the complaint

Date of conclusion of the Contract:

Name and surname:

Address:

E-mail address:

Item(s) being complained about:

Description of the defects of item(s):

Proposed method for handling the complaint:

I also request a confirmation of the claim stating when I exercised this right, what is the content of the claim, what method of claim settlement I require, together with my contact details for the purpose of providing information on the claim settlement.

Date:

Signature:

Terms and conditions