This is an informative translation. The legally binding version of this document is the Czech one, available at https://andrekohout.cz/vop. It was translated automatically and is provided for convenience only; in case of any discrepancy, the Czech wording prevails.
General Terms and Conditions
of Andrého, s.r.o., Company ID No.: 14128543, with its registered office at Lublaňská 267/12, Vinohrady, 120 00 Praha 2, a company registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 360739, represented by André Kouhout, Managing Director
for the sale of goods through the online store located at www.andrekohout.cz
1. Contact and banking details
1.1. E-shop operator:
Andrého, s.r.o., Registered office: Lublaňská 267/12, Vinohrady, 120 00 Praha 2 Company ID No.: 14128543, VAT No.: CZ14128543 a company registered in the Commercial Register maintained by the Municipal Court in Prague under file No. C 360739 (hereinafter referred to as the "seller" or "we")
Telephone: +420 777 774 263 E-mail: jajsem@andrekohout.cz
Bank account for cashless payments Raiffeisenbank, a.s. Account number: 8777774263/5500
1.2. Complaints and returns of goods:
Address for receiving complaints and returned goods: Zemská 37, Teplice, 415 01 Telephone: +420 777 774 263 E-mail: jajsem@andrekohout.cz
2. Scope of validity and applicability of the general terms and conditions
2.1. These general terms and conditions (hereinafter referred to as the "GTC") of the seller govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between us and consumers or entrepreneurs (hereinafter referred to as the "customer" or "you") through the seller's online store at www.andrekohout.cz
2.2. In the event of the existence of an international element, we agree that the legal relationship between us and the customer shall be governed by the law of the Czech Republic, in particular the Civil Code. However, this choice of law in accordance with Article 3 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 (hereinafter referred to as "Rome I") may not deprive the customer of the protection afforded to him by the provisions of the law of the country of his habitual residence pursuant to Article 6(2) of Rome I.
2.3. The online store is operated by us on the website located at the internet address www.andrekohout.cz (hereinafter referred to as the "website"), namely through the website interface (hereinafter referred to as the "store web interface").
2.4. A consumer shall mean any natural person who, outside the scope of his business activity or outside the scope of the independent exercise of his profession, concludes a purchase contract with us, or otherwise deals legally with the seller (hereinafter referred to as the "consumer").
2.5. An entrepreneur shall mean any natural person or legal entity (e.g. a business corporation, cooperative, institute) who independently carries out, on his own account and responsibility, on the basis of a trade licence or in another manner, a gainful activity with the intention of pursuing such activity consistently for the purpose of making a profit (hereinafter referred to as "business activity"). This person concludes a purchase contract with the seller within the scope of his business activity or otherwise deals legally with the seller (hereinafter referred to as the "entrepreneur"). We follow the principle that for a customer who provides his Company ID No., or also his VAT No., the provisions of these GTC relating to entrepreneurs shall apply.
2.6. By submitting an order (the "Order with obligation to pay" button), you confirm that you have familiarised yourself with the GTC, including the communications to customers prior to the conclusion of the purchase contract under these GTC, and that you expressly agree with them in their valid and effective wording at the time of such confirmation.
3. Communications to customers prior to the conclusion of the purchase contract
3.1. The seller is authorised to sell goods on the basis of a trade licence. Trade licence inspection is carried out within the scope of its competence by the relevant trade licensing office. Supervision in the area of personal data protection is exercised by the Office for Personal Data Protection. The Czech Trade Inspection Authority exercises, to a defined extent, among other things, supervision over compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
3.2. All photographs and videos on the website are for illustrative purposes only.
3.3. The goods we offer on the website and the description of their main characteristics are available with the relevant goods. The prices of the goods are stated including any VAT (if charged), including statutory fees, except for shipping fees.
3.4. The specific conditions of payment methods and delivery options are described in more detail during the order process itself. We will deliver the goods to you through a carrier that you choose from the options we offer, or you may choose personal collection from the options offered.
3.5. By submitting the order by pressing the "submit order" button in our online store, the customer creates a binding order which obliges the customer to pay. The customer has the opportunity, before submitting the order, to check and correct or change his order, as described in more detail in Part 4 of these GTC.
3.6. The customer's rights arising from defective performance, or from a guarantee, and the conditions for their exercise are described in Part 9 of these GTC.
3.7. A consumer customer has the right to withdraw from the purchase contract without giving reasons (unless stated otherwise) within a period of 14 days, which begins to run at the latest:
3.7.1. in the case of a purchase contract, from the day of taking over the goods; or
3.7.2. in the case of a purchase contract with delivery in several pieces/parts, from the day of taking over the last delivery of goods; or
3.7.3. in the case of a purchase contract the subject of which is regular repeated deliveries of goods, from the day of taking over the first delivery of goods;
whereby the customer has the right to withdraw from the purchase contract even before the point in time specified in Articles 3.7.1 to 3.7.3 by notifying us of his intention to withdraw from the purchase contract by completing and submitting the withdrawal form (ideally together with the returned goods) or by notification to our e-mail jajsem@andrekohout.cz.
3.8. The customer is not entitled to withdraw from the following contracts:
3.8.1. for the supply of goods which have been adjusted and/or created according to the customer's wishes or for his person;
3.8.2. for the supply of goods or services the price of which depends on fluctuations in financial markets independent of our will and which may occur during the period for withdrawal from the purchase contract;
3.8.3. for the provision of services which we have fully performed with the prior express consent of the customer before the expiry of the period for withdrawal from the purchase contract;
3.8.4. for the supply of perishable goods, as well as goods which have been irreversibly mixed with other goods after delivery;
3.8.5. for the supply of goods in a sealed package which the customer has removed from the package and which cannot be returned for hygiene reasons;
3.8.6. for accommodation, transport of goods, rental of a means of transport, catering or leisure activities (event tickets), if performance is to be provided under the contract on a specific date or during a specific period.
3.8.7. for transport, on a specific date or during a specific period.
3.9. If the customer withdraws from the purchase contract, he is obliged to send back to us the goods acquired on the basis of the purchase contract from which he withdrew, no later than within 14 days of the moment of withdrawal from the purchase contract. The customer is obliged to send back or return the goods complete, i.e. including all supplied accessories, all documentation, clean, undamaged and, if possible, including the original packaging, in the condition and value in which he received them. Send the goods back to the address: Zemská 37, Teplice, 415 01 (personal handover is possible at this address upon prior arrangement with the seller). The costs of returning the goods upon withdrawal from the purchase contract within the 14-day period shall be borne by the customer at his own expense.
3.10. In the event of withdrawal from the purchase contract, the customer is liable for the diminution in the value of the returned goods or the goods sent back which has occurred as a result of handling the goods in a manner other than that necessary to become acquainted with the nature and characteristics of the goods. In the event that damaged or incomplete goods are returned to us, we will set off
our claim for damages against the purchase price which you request to be refunded. We will always evaluate the specific case in order to determine the extent of damage, devaluation of the goods and to determine the corresponding reduced value. We will inform you of these steps at the stated electronic address (by e-mail) or by telephone.
3.11. If there is a withdrawal from a contract for the provision of services where our performance has already commenced at the express request of the customer, before the expiry of the 14-day period for withdrawal from the contract, the customer is obliged to pay us a proportionate part of the price for the performance provided up to the moment of withdrawal from the contract.
3.12. In the event of withdrawal from the purchase contract within the withdrawal period, we are obliged to return to the customer all money including the costs of delivery of the goods in the amount corresponding to the cheapest type of delivery offered by us, by the same payment method as that used for receiving the money, no later than within 14 days of withdrawal from the purchase contract. Please note that we are entitled to return the money to you only once we have received the returned goods back from you. The customer bears the costs of transport for the return himself. We provide out-of-court handling of customer complaints via the e-mail jajsem@andrekohout.cz.
3.13. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Praha 2, Company ID No.: 00020869, internet address: https://adr.coi.cz/cs, is competent for the out-of-court resolution of customer disputes arising from the purchase contract. The online dispute resolution platform located at the internet address http://ec.europa.eu/consumers/odr may be used in resolving disputes between the seller and the customer arising from the purchase contract.
3.14. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Praha 2, internet address: http://www.evropskyzákazník.cz, is the contact point pursuant to 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).
3.15. We reserve the right not to publish customer reviews which are untrue, contain inappropriate expressions, and/or are unrelated to the purchased product.
4. Order and conclusion of the purchase contract through the e-shop
4.1. The prices of the goods remain valid for the period during which they are displayed in the store web interface. This provision does not limit our possibility to conclude a purchase contract under individually negotiated conditions.
4.2. The store web interface also contains information on the costs associated with the packaging and delivery of the goods. The amount of costs associated with the packaging and delivery of the goods will depend in particular on the carrier selected for delivery within the territory of the Czech Republic.
4.3. To order goods, the customer fills in the order form in the store web interface (places the goods "in the basket", selects the method of payment of the purchase price of the goods, states the delivery address and other necessary contact details, selects the required method of delivery of the ordered goods and obtains information on the costs associated with the delivery of the goods). In the case of goods marked as "in stock", this constitutes a binding order of goods with an obligation to pay (hereinafter referred to as the "order"). By submitting the order, the customer confirms that he has agreed to these general terms and conditions and has read our personal data processing policy.
4.4. Before completing the order, the customer is allowed to check and change the data which the customer has entered into the order, also with regard to the customer's possibility to detect and correct errors arising when entering data into the order. The order is submitted by clicking on the "Order with obligation to pay" button and the order process is thereby completed. The data stated in the order are considered correct by the seller. If, during the processing of the order, it is found that manifestly untrue or incomplete data have been used, we may reject the order, of which you will be notified by e-mail. The customer may be liable for damage caused by providing deliberately untrue or incorrect data.
4.5. Before completing the order, the customer is obliged to familiarise himself with the characteristics, type and recommended method of use of the goods. By placing the order, the customer confirms that he has familiarised himself with this information and that he understands it.
4.6. Depending on the nature of the order (quantity of goods, amount of the purchase price, anticipated shipping costs), the seller is entitled to ask the customer for additional confirmation of the order (for example, in writing or by telephone) and is further entitled to ask the customer to specify the correctness of the size selection for the given goods.
4.7. A customer who completes an order will receive from us an automatic confirmation of delivery of the order to the customer's e-mail address stated in the order or in another of our forms (hereinafter referred to as the "customer's electronic address"). The purchase contract is concluded at the moment of pressing the "submit order" button, of which the customer is promptly informed precisely by means of the confirmation of receipt of the order.
4.8. By concluding the purchase contract, we undertake to hand over to you the purchased goods and to enable you to acquire ownership rights to the goods, and you undertake to take over the goods and to pay us the price of the goods.
4.9. The customer will receive a copy of the concluded purchase contract at the customer's electronic address, in the wording of the valid GTC.
4.10. The customer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the customer when using means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the customer himself, whereby these costs do not differ from the basic rate.
5. Price of goods and method of payment
5.1. All prices of goods are stated in Czech crowns (CZK) and are stated including any VAT.
5.2. The customer shall pay us the price of the goods and any costs associated with the delivery of the goods under the purchase contract by cashless transfer. In the event that we offer other methods of payment for the goods, the customer will be informed of this with the order during the order process.
5.3. Together with the purchase price, the customer is also obliged to pay us any costs associated with the packaging and delivery of the goods in the agreed amount, as well as a surcharge for the selected method of payment. Unless expressly stated otherwise, the purchase price shall hereinafter also mean the costs associated with the delivery of the goods. Before the binding completion of the order, the customer will be informed of the final price including packaging and shipping costs.
5.4. Pursuant to the Act on Registration of Sales, the seller is obliged to issue a receipt to the customer. At the same time, he is obliged to register the received revenue with the tax administrator online, or in the event of a technical failure, no later than within 48 hours.
5.5. Any discounts on the price of goods granted by us to customers cannot be combined with each other.
5.6. In the event of the display of an unrealistic price, e.g. in the amount of CZK 0 (in words: zero Czech crowns), or the display of a highly non-market price, where a non-market price is considered to be a price which is below our purchase price, we reserve the right to remove such item from the order. The customer will be informed of this fact at the customer's electronic address.
5.7. We agree that invoices will be sent electronically, namely to the customer's electronic address stated in the order.
5.8. If the goods are stated to be in stock, then we undertake to deliver the goods within 14 days of payment of the order. Should a situation arise where the goods are exhausted and we are unable to deliver the goods you have ordered within the specified time, we will contact you in order to agree on further procedure. Notwithstanding the stated delivery time, we always endeavour to prepare and deliver the order to the customer as soon as possible.
6. Reservation of title
6.1. We reserve, with respect to customers, title to the goods until full payment of the purchase price under the relevant purchase contract.
6.2. For entrepreneur customers, we reserve title to the goods until all claims which we have against you have been settled.
6.3. The customer is obliged to handle the goods subject to reservation of title with due care and to insure them adequately at his own expense, in case of damage, to the value of new goods.
7. Delivery of goods, place of performance, damage caused to the seller and
ANY DAMAGE CAUSED DURING TRANSPORT OF THE GOODS
7.1. According to his choice, the goods are sent to the customer through a carrier which the customer selected during the order process from the options offered by us, or by personal collection from the options offered by us.
7.2. When transporting goods to the customer, the goods are handed over by us at the moment when the carrier hands over the goods to the customer at the place of handover (usually the first door/gate/entrance at the place of delivery designated by the customer). It is precisely at the moment of taking over the goods by the customer that the risk of damage and accidental deterioration of the quality of the purchased goods passes to the customer. If the customer was to take over the goods from the carrier, the risk of accidental destruction and accidental deterioration of the quality of the purchased goods passes to the customer at the moment when he was enabled to dispose of the goods, but not earlier than at the stated time of delivery. In the case of personal collection of the goods by the customer, the goods are deemed delivered at the moment of taking over by the customer or another person designated by the customer.
7.3. We deliver goods through a carrier. The information that the goods are in stock, or that they will be stocked within the indicated time for the specific goods, usually affects the length of the delivery time of the order.
7.4. The customer has the choice to select delivery of the goods to any address through our contractual carrier for the shipping price stated during the
order process, or he may collect the goods personally upon prior arrangement with the seller, for which no fee is charged.
7.5. In the event that the method of transport is agreed on the basis of a special request of the customer, the customer bears the risk and any additional costs associated with this method of transport.
7.6. In the event that, for reasons on the part of the customer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the customer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
7.7. If the customer does not take over the goods upon their delivery by the carrier, the goods are subsequently returned to the seller and at the same time the customer does not withdraw from the purchase contract within 14 days of the unsuccessful delivery of the goods, the seller is entitled to claim from the customer the costs charged by the carrier for the delivery of the goods back to the seller. This cost represents damage to the seller which arose through the breach of the customer's statutory obligations within the meaning of Section 2913(1) of the Civil Code. The seller is at the same time entitled to charge a fee for storage of the goods in the amount of CZK 100 (in words: one hundred Czech crowns) and furthermore the seller is entitled to withdraw from the purchase contract.
7.8. We are entitled, in accordance with Section 2913 of the Civil Code, to unilaterally set off the claim for payment of the costs of storage of the goods and the claim for compensation for damage through breach of the customer's statutory obligations under this Part of the GTC against the customer's claim for the refund of the purchase price.
7.9. The customer is obliged to inspect the goods upon taking them over and to satisfy himself as to their characteristics (in particular whether the customer has received the correct type of goods, whether the goods have the agreed quality, whether the goods in their packaging contain everything they should contain according to the instructions). In the event of visible damage to the consignment by the carrier, the customer is obliged not to take over such consignment from the carrier at all. We bear no liability for damage caused by the carrier, or by late delivery of the goods, whatever the reason for the delay.
7.10. The rights of customers in the case of exercising rights arising from defects are governed by our complaints procedure and by the relevant legal regulations of Czech law, in particular the Civil Code.
8. Events
8.1. In addition to goods, you may also purchase on our website tickets (participation) to events, conferences and other gatherings organised by us (hereinafter referred to as "events"). These GTC shall apply mutatis mutandis to the conditions of purchasing participation in an event.
8.2. By concluding a contract on participation in an event (on the purchase of participation), we undertake to send a confirmation of the purchase of participation and to enable you to participate in the purchased event at the agreed time, and you undertake to pay us the price for participation in the event.
8.3. In the case of the purchase of participation in an event, the subject of purchase is deemed to have been taken over at the moment when you receive, at the e-mail stated when placing the order, the confirmation of participation in the event. You will receive the confirmation e-mail from us no later than within 24 hours.
8.4. In the case of the purchase of participation in an event, it is not possible to withdraw from the purchase contract or to cancel the purchase contract in any other way. You were informed of this fact prior to the conclusion of the purchase contract.
8.5. You expressly acknowledge that in the event that any event occurs independently of our will which prevents the fulfilment of our obligations and which could not have been foreseen or its consequences averted or overcome, then for the duration of this event we shall not be liable for the non-fulfilment of our obligations under the purchase contract concerning participation in the event, or under these GTC. In such a case, we are in particular entitled to move the place or date of the event. Force majeure shall be deemed to include in particular a natural disaster, fire, explosion, floods, earthquake, terrorist attack, war, strike or other events (including situations caused as a result of the spread of the COVID-19 disease) which are beyond our control.
9. Withdrawal from the contract
9.1. The customer's right to withdraw from the purchase contract is governed by the provisions set out in Part 3 of these GTC.
9.2. We are entitled to withdraw from the purchase contract due to the goods being sold out of stock, or due to the unavailability of the ordered goods. Furthermore, we may withdraw from the purchase contract in particular in the event that the customer has failed to pay the purchase price duly and on time or has refused to take over the goods.
9.3. If a gift is provided to the customer together with the goods, the gift contract between us and the customer is concluded with a resolutive condition that if the purchase contract is withdrawn from by the customer or by us, the gift contract regarding such gift ceases to be effective and the customer is obliged to return to us the gift provided together with the goods.
10. Rights arising from defective performance
10.1. The rights and obligations of the contracting parties regarding rights arising from defective performance are governed by the relevant generally binding legal regulations (in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code)
10.2. Further rights and obligations of the parties related to our liability for defects in the goods are regulated in our complaints procedure.
11. Personal data protection
11.1. The protection of our customers' personal data is very important to us. The rules for handling personal data and the rules for sending commercial communications are regulated in our personal data processing policy.
11.2. We send customers commercial communications with an offer of related goods or services, namely to the customer's electronic address (commercial communications for customers). The e-mail address is personal data and is processed in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council 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) for the purpose of sending commercial communications on the basis of our legitimate interest in promoting our similar products and services. The customer may unsubscribe from receiving commercial communications at any time.
11.3. We use so-called cookies, which may be stored on the terminal device (either on the basis of consent, or to protect our legitimate interests.
12. Final provisions, including governing law and judicial
JURISDICTION
12.1. In the event of an unintentional conflict of the provisions of these GTC with the statutory regulations on consumer protection, those provisions shall prevail and the seller undertakes to comply with them accordingly.
12.2. If any provision of the GTC is invalid or ineffective, or becomes such, in place of the invalid provisions a provision shall take effect whose meaning is as close as possible to the invalid one. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The contracting parties agree that they expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods (United Nations Convention on Contracts for the International Sale of Goods, or also the Vienna Convention), in accordance with Article 6 of this Convention.
12.4. The contracting parties further agree that for the resolution of any disputes arising from the purchase contract where an international element is present, the courts of the Czech Republic shall always have local jurisdiction, determined locally according to our registered office. This is without prejudice to the rights of customers under special legal regulations. The contractual language is the Czech language.
12.5. The purchase contract in the wording of the GTC is archived by us in electronic form and is not accessible to third parties.
12.6. The provisions of the GTC form an integral part of the purchase contract. Provisions deviating from the GTC may be agreed in the purchase contract. Deviating arrangements in the purchase contract take precedence over the provisions of the GTC.
12.7. Acceptance of these GTC is voluntary, but it is necessary for the creation of an order by the customer.
12.8. These GTC are valid from 30 June 2023 and cancel the validity of the previous terms and conditions.
Dotazy k tomuhle dokumentu posílej na jajsem@andrekohout.cz.