I. BASIC PROVISIONS
1. These general business terms and conditions (hereinafter referred to as “Terms and Conditions” have been issued pursuant to article 1751 and law no. 89/2012 Coll. Civil Code (hereinafter referred to as “Civil Code”).
- Palladium Praha s.r.o.
- Identification no.: 28452704
- Tax identification no.: CZ28452704
- Registered seat at: Na Poříčí 1079/3a, Prague 1, 110 00
- Registered with the Municipal Court in Prague, section C, file 142573
- Contact information:
- E-mail: firstname.lastname@example.org
- Tel. no.: +420 225 770 110
- Website: www.palladiumpraha.cz
(hereinafter referred to as “Seller”)
2. These terms and conditions regulate mutual rights and obligations of the seller and an individual subject as a consumer, either entering into a purchase contract outside their business activities or entering into a purchase contract within their business activities (hereinafter referred to as “Purchaser”) through a website available at https://eshop.palladiumpraha.cz (hereinafter referred to as “Online Shop”).
3. The regulations of terms and conditions constitute an integral part of the purchase contract. Divergent provisions in a purchase contract take precedence over the regulations of these terms and conditions.
4. These terms and conditions and purchase contract are entered into in the Czech language.
II. information about goods and prices
1. The information about goods, including quoting the price of individual items and their basic characteristics, are mentioned with the individual items in the online shop catalog. The prices of the goods are quoted including VAT, all related fees, and costs for returning goods if these goods cannot actually be returned by ordinary mail. The prices of the goods remain valid for the time displayed in the online shop. This provision does not exclude entering into a purchase contract under individually agreed conditions.
2. The goods presented in the online shop catalog have only an informative character and the seller is not obligated to enter into a purchase contract regarding these goods.
3. The information published in the online shop is about the costs related to packaging and delivery of the goods. The information about the costs related to packaging and delivery of the goods mentioned in the online shop are valid only in cases when the goods are delivered within the territory of the Czech Republic.
4. All potential discounts from the purchase price of the goods cannot be mutually combined, unless stipulated otherwise between the seller and purchaser.
5. The gift vouchers are transferable to any other person. They have a limited validity marked on the gift voucher and therefore cannot be returned. The subject of a potential claim may only be potential damage during the transportation or an incomplete package. There is a double check of the written documentation on the side of the provider prior to dispatching the package.
III. order and purchase contract
1. The costs incurred to a purchaser when using remote communication tools in connection with entering into a purchase contract (internet connection and telephone costs), are covered by the purchaser. These costs are no different from the basic rates.
2. The purchaser may place an order in the following ways:
- Via a customer account if already registered in the online shop
- By filling out an online form without a prior registration
3. When placing an order, the purchaser selects the goods, number of pieces of the goods, payment and shipping methods
4. Before placing the order, the purchaser is allowed to check and change the order details which they put into the order. The purchaser sends the order to the seller by clicking the “SEND ORDER” button. The information stated in the order is considered by the seller as correct. The order is only valid under the condition that all the required data are filled out in the order form, and the purchaser must confirm that they were familiarized with these terms and conditions.
5. Immediately after receiving the order, the seller sends a confirmation e-mail letter to the purchaser’s e-mail address provided in the order along with the seller’s current version of terms and conditions. This confirmation e-mail is automatically sent and is not considered as entering into an agreement. The purchase contract is entered into at the moment the seller receives the order. A notification about the order receipt is delivered to the purchaser’s e-mail address.
6. In case one of the requests stated in the order cannot be fulfilled by the seller, they will send a modified offer to the purchaser’s e-mail address. The modified offer is considered as a new proposal of a purchase contract and the purchase contract in such case is entered into by the purchaser’s confirmation of acceptance of this offer sent to the seller’s e-mail address mentioned in these terms and conditions.
7. All orders received by the seller are binding. The purchaser may cancel the order as long as the purchaser has not received a notification about the order acceptance from the seller. The purchaser may cancel the order by phone or by e-mail, either calling to a phone number or sending an e-mail to an e-mail address stated in these terms and conditions.
8. In case a technical error occurred on the side of the seller when quoting the goods price in the online shop or in the process of ordering the goods, the seller is not obligated to deliver the goods for the obviously mistakenly quoted price even in case of sending the purchaser an automatic confirmation e-mail about receiving the order according to these terms and conditions. The seller will inform the purchaser about the mistake without undue delay and will send a modified offer to the purchaser’s e-mail address. The modified offer is considered as a new proposal of a purchase contract and the purchase contract in such case is entered into by the purchaser’s confirmation about accepting this offer sent to the seller’s e-mail address
IV. customer account
1. Based on the purchaser’s registration done in the online shop, the purchaser may access their customer account. The purchaser may order goods through their customer account. The purchaser may also order goods without registration.
2. When registering the customer account and when ordering goods, the purchaser is obligated to only state correct and true information. If any changes occur, the purchaser is obligated to update the information stated in their user account. The information stated by the purchaser in their customer account and when ordering the goods are considered by the seller as correct
3. Access to the customer account is secured by a username and password. The purchaser is obligated to keep confidentiality regarding the information necessary for accessing their customer account. The seller assumes no liability for any potential misuse of a customer account by third persons.
4. The seller is not authorized to allow third persons to use somebody else’s customer account.
5. The seller may cancel a user account, namely in case the purchaser does not use their user account anymore or in case the purchaser breaks their obligations arising from the purchase contract or these terms and conditions.
6. The purchaser takes into account that their user account does not have to be accessible non-stop, namely with regard to a necessary hardware and software maintenance of the seller or the necessary hardware and software maintenance of third persons.
V. terms of payment and delivery of goods
1. The purchaser may pay the price of goods and potential costs related to delivery of the goods based on the purchase contract in the following ways
- Cashless payment via wire transfer to seller’s bank account no. 2550200401/2600 kept at Citibank Europe plc
- Cashless payment by debit/credit card
- Cashless payment via wire transfer to seller’s bank account through GoPay payment gateway
- C.O.D. in cash when delivering the goods
- In cash or by debit/credit card during pickup in the business premises
- In cash or by debit/credit card during pickup at Zasilkovna.cz pickup points
2. The purchaser is obligated to pay for the costs related to packaging and delivery of the goods in the agreed upon amount along with the purchase price. Unless explicitly stated otherwise, the purchase price includes the costs related to the delivery of the goods.
3. In case of cash payments, the purchase price is due to be paid when receiving the goods. In case of cashless payments by wire transfer from the purchaser’s bank account to the seller’s bank account, the purchase price is due to be paid within 7 days of entering into a purchase contract based on the pro-forma invoice.
4. In case of a payment via a payment gateway, the purchaser follows the instructions of the corresponding provider of electronic payments. [S16]
5. In case of a cashless payment, the purchaser’s obligation to pay the purchase price is fulfilled the moment the corresponding sum is credited to the seller’s bank account.
6. The seller does not demand any deposit or any other similar payment in advance. The payment of the purchase price prior to sending the goods is not a deposit.
7. Pursuant to the law about the registration of sales (EET), the seller is obligated to issue a receipt to the purchaser. At the same time, the seller is obligated to register the accepted amount of sales with the tax administrator via online, in case of technical outage within 48 hours at the latest.
8. The goods are delivered to the purchaser:
- To an address provided by the purchaser in the order
- Via a pickup point to a pickup point address selected by the purchaser
- Personal pickup in the seller’s business premises
9. A choice of the shipping method is made along with ordering the goods.
10. The shipping costs, which depend on the shipping method and receipt of the goods, are stated in the purchaser’s order and in the seller’s order confirmation. In case the shipping method is agreed upon based on a specific request of the purchaser, the purchaser carries the risk and bears potential additional costs connected to this shipping method.
11. If the seller is obligated, based on the purchase contract, to deliver the goods to a place designated in the order by the purchaser, the purchaser is obligated to accept the goods when they are delivered. In case it is necessary to deliver the goods repeatedly or using a shipping method different from the one stated in the order, the purchaser is obligated to cover the costs connected with the repeated deliveries of the goods, or the costs related to a different shipping method.
12. When receiving the goods from the shipping company, the purchaser is obligated to make sure that the goods’ packaging is undamaged and in case of any defects they must immediately inform the shipping company. In case of noticing any damages to the packaging showing an unauthorized interference into the package, the purchaser may refuse to accept the package from the shipping company representative.
13. The seller issues a tax document – invoice for the purchaser. The tax document is sent along with the delivered goods.
14. The goods come into the purchaser’s possession at the moment the purchaser pays the total purchase price, including the shipping costs, but no earlier than receiving the goods. The liability for accidental destruction, damage, or loss of the goods transfers to the purchaser at the moment the purchaser accepts the goods or at the moment the purchaser should have been obligated to accept the goods, but contrary to the purchase contract did not do so.
VI. withdrawal from a contract
1. The purchaser who entered into a purchase contract outside their business activities as a consumer has a right to withdraw from the purchase contract.
2. The deadline for withdrawal from a contract is 14 days
- As of the day of receiving the goods
- As of the day of receiving the last delivery of the goods, if the subject of the contract is delivery of several types of goods or delivery of several parts of goods
- As of the day of receiving first delivery of goods if the subject of the contract is repeated deliveries of the goods
3. The purchaser may not withdraw from a purchase contract:
- For providing services once they have been fulfilled with prior explicit consent of the purchaser before the expiration of the period of notice whereby the seller informed the purchaser before the contract had been entered into that in such case the purchaser does not have a right to withdraw from the contract.
- For the delivery of gift vouchers and related products (voucher envelopes, etc.) and potential gifts with the gift vouchers or related products even though they were delivered before the expiration of the period of notice. The seller informed the purchaser through these terms and conditions that in such case they do not have a right to withdraw from the contract.
- For the delivery of goods or services whose prices might be affected by deviations in the financial market beyond the seller’s control and with potential to occur during the period of notice
- For the delivery of alcoholic beverages which may be delivered after 30 days and whose prices might be affected by deviations in the financial market beyond the seller’s control.
- For the delivery of goods, which were modified at purchaser’s request or for them personally.
- For the delivery of perishable goods, including goods which were irretrievably mixed with other goods once delivered
- For the delivery of goods in sealed packaging removed by the purchaser whereby such goods cannot be returned due to hygienic reasons.
- For the delivery of audio and video recordings or computer programs once their original packaging has been infringed.
- For the delivery of newspapers, periodicals, and magazines
- For the delivery of digital content if not delivered on a physical medium and which was delivered with the prior explicit consent of the purchaser before the expiration of the period of notice whereby the seller informed the purchaser before the contract had been entered into that in such case the purchaser does not have a right to withdraw from the contract.
- For other cases listed in article 1837 of the Civil Code
4. To keep the deadline for contract withdrawal, the purchaser must send notice of withdrawal within the deadline for contract withdrawal.
5. To withdraw from a contract, the purchaser can use a template form for contract withdrawal provided by the seller. The purchaser sends the withdrawal from a purchase contract to an e-mail or mailing address of the seller stated in these term and conditions. The seller will confirm receipt of the form to the purchaser without undue delay.
6. The purchaser who withdrew from a contract, is obligated to return the goods to the seller no later than 14 days after withdrawing from the contract. The purchaser bears all the costs related to returning the goods to the seller, even in a case where the goods cannot be returned due to their nature by ordinary mail.
7. If the purchaser withdraws from a contract, the seller will return to the purchaser the entire amount paid by the purchaser, including the shipping costs, and with the use of the same method of payment. The seller must do so without undue delay, but no later than 14 days after withdrawing from the contract. The seller may refund the entire amount received to the purchaser using a different payment method, but only if the purchaser expressed their consent to it and no additional cost will incur to them.
8. In case the purchaser selected a method other than the cheapest shipping method of the goods which the seller offers, the seller will return the shipping costs to the purchaser in the amount corresponding to the cheapest shipping method offered.
9. If the purchaser withdraws from a purchase contract, the seller is not obligated to refund the entire amount before the purchaser delivers the goods or proves that the goods have been sent to the seller.
10. The goods must be returned to the seller undamaged, not worn out, clean and, if possible, in the original packaging. The seller is entitled to submit a claim for compensation for damages which occurred to the goods for which the purchaser is claiming the return of the purchase price.
11. The seller is entitled to withdraw from a purchase contract due to stock running out, unavailability of goods or if a producer, importer, or supplier of the goods have suspended the production or import of the goods. The seller will immediately inform the purchaser via the e-mail address provided in the order and will refund the entire amount of money accepted, including the shipping costs, and with the use of the same method of payment, or by a different method chosen by the purchaser, within 14 days after the notice of withdrawal from the purchase contracts.
VII. rights from defective performance
1. The seller guarantees to the purchaser that the goods are free from defects when received by the purchaser. In particular, the seller guarantees to the purchaser that, the moment the product is received by the Purchaser:
- The goods have the characteristics agreed upon by the parties and if no agreement has been reached, the goods have the characteristics described by the seller or the manufacturer or expected by the Purchaser with reference to the nature of the goods and related advertising
- The goods can be used for the purposes stated by the seller or for the purposes for which the goods of that kind are usually used.
- The goods meet the quality requirements of an agreed upon sample or model if the quality or design were determined by the agreed sample or model.
- The goods are provided in the corresponding quantity, measurement or weight and the goods comply with the requirements stipulated by law.
2. The seller has obligations regarding defective performance at least to such an extent as the producer has obligations regarding defective performance. Otherwise, the purchaser is entitled to claim the defect, which occurs with consumer goods within 24 months from receiving the goods.
3. If there is a use best before period stated on the goods, their packaging, or in the manual attached to the goods or in the advertising, and in accordance with other legal regulations, the provisions about the quality warranty will be applied. In providing the quality warranty, the seller undertakes that the goods will be fit for their usual purpose or will preserve their usual characteristics within a certain period. If the purchaser has claimed a defect to the seller and the claim is legitimate, the period for claiming the rights from defective performance or warranty period are not in effect for the time during which the purchaser cannot use the defective goods.
4. The provisions mentioned in the previous paragraph of these terms and conditions will not be applied to the defect for which the lower price was agreed on in case of the goods being sold for a lower price, to usual wear and tear of the goods, and to defects corresponding to a level of use or wear and tear which the goods had when received by the purchaser or if implied by the nature of the goods (e.g. gift vouchers) in case of used goods. The purchaser does not have a right to claim defective performance if they were aware before receiving the goods that the goods have the defect or if the defect was caused by the purchaser.
5. In case there is a defect, the purchaser may file a claim to the seller and demand the following:
- Replacement with new goods
- Repair of goods
- Reasonable discount on the purchase price
- Withdrawal from a contract
6. The purchaser is entitled to withdraw from a contract
- If the goods have a significant defect
- If they cannot use the goods properly due to the repeated occurrence of a defect or defects after being removed by repair
- If there are multiple defects of the goods
7. The breach of the contract is significant if the party in breach of the contract was aware of it at the moment of entering into the contract or must have known that the other party would not enter into the contract if this breach were anticipated.
8. With a defect which does not amount to a significant breach of the contract (regardless of whether the defect is removable or not), the purchaser has a right to claim the defect be removed or ask for a reasonable discount from the purchase price.
9. If a removable defect occurred repeatedly after being repaired (usually a third claim for the same defect or a fourth one for different defects) or the goods have multiple defects (usually at least three defects at the same time), the purchaser has a right to claim a request for a discount on the purchase price, replacement of the goods or may withdraw from the contract.
10. When filing a claim, the purchaser is obligated to inform the seller which option they have selected. The selected option can be changed only with the seller’s approval, with the exception of a defect requested by the purchaser to be repaired and subsequently being identified as irreparable. If the purchaser does not select their right from the significant breach of the contract, they will have the same rights as in the case of insignificant breach of the contract.
11. If a repair or replacement of the goods is not feasible, the purchaser may ask for a full purchase price refund based on withdrawal from the contract.
12. If the seller proves that the purchaser was aware of the defect of the goods before accepting the goods of if the defect was caused by the purchaser, the seller is not obligated to satisfy the purchaser’s claim.
13. The purchaser cannot file a claim for discounted goods due to reasons which the given goods were discounted for.
14. The seller is obligated to accept the claim in any of their business premises where the acceptance of the claim can be done, or in their headquarters or location of their business. The seller is obligated to issue a written confirmation stating when the purchaser claimed their right, subject of the claim, the method of handling the claim selected by the purchaser as well as a confirmation of when and how the claim will be handled, including a confirmation about repair and its duration, or a written notice about reasons for rejecting the claim.
15. The seller or their representative will decide about the claim promptly, in complex cases within three working days. This period does not include a reasonable time according to the type of the goods or services necessary for a professional assessment of the defect. The claim including the defect removal must be executed without due delay, but no later than 30 days from filing the claim, unless a longer period is agreed between the seller and purchaser. A futile expiration of this period is considered as a significant breach of the contract and the purchaser has a right to withdraw from the contract. The moment when the seller receives a claim of right from the defective performance from the purchaser is considered as the moment of filing the claim.
16. The seller will inform the purchaser in writing about the result of the claim.
17. The purchaser does not have a right to claim defective performance if they were aware of the goods having a defect before receiving the goods or if the defect was caused by the purchaser.
18. In case of a legitimate claim, the purchaser has a right to demand a refund of legitimate costs incurred in connection with filing the claim. The purchaser may claim this right from the seller within a one-month period after the warranty period expiration. Otherwise, it might not be granted by the court.
19. The purchaser has the right to select a method to handle the claim.
20. The rights and obligations of the contractual parties regarding the rights from a defective performance follow the articles 1914 to 1925, 2099 to 2117 and 2161 to 2174 of the Civil Code and law no. 634/1992 of the Legal Code, regarding the consumer protection.
21. Other rights and obligations of the parties related to a liability of the seller for the defects are regulated by the claims code of the seller.
1. The contractual parties may mutually deliver all written correspondence via electronic mail.
2. The purchaser sends their correspondence to the seller’s e-mail address stated in these terms and conditions. The seller delivers their correspondence to the purchaser’s e-mail address provided in their customer account or in the order.
IX. personal data
1. All information which you give us during our cooperation is confidential and we will handle it in such a way. If you do not give us written consent, we will not use your data in any other way than for the purpose of performing the contract, excluding your e-mail address to which business communication might be sent because this procedure is allowed by law, unless you reject it. This communication might refer to similar or related goods and may be cancelled at any time in an easy way (by letter, e-mail or by clicking on a link in the business message). The e-mail address will be stored for this purpose for the period of 3 years from entering into the last contract between contractual parties.
2. You can find more detailed information about the personal data protection in the Personal Data Protection Principals HERE
X. OUT-OF-COURT resolution OF DISPUTES
1. For an out-of-court resolution of consumer disputes arising from purchase contracts you can contact The Czech Trade Inspection Authority (Česká obchodní inspekce), registered at Štěpánská 567/15, Prague 2, 120 00, Identification no. 000 20 869, website address https://adr.coi.cz/cs. There is an online platform for the consumer dispute resolutions between the seller and purchaser available at http://ec.europa.eu/consumers/odr.
2. European Consumer Center Czech Republic (Evropské spotřebitelské centrum Česká republika), registered at Štěpánská 567/15, Prague 2, 120 00, website address http://www.evropskyspotrebitel.cz, is a contact place pursuant to Regulation no. 524/2013 of the European Parliament and of the Council (EU) dated May 21, 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) no. 2006/2004 and Directive 2009/22/EC (Regulation on Consumer Online Dispute Resolution).
3. The seller is authorized to sell goods based on a trade license. An inspection of trade licensing is carried out by the Trade Licensing Office (Živnostenský úřad) within the scope of their activities. The Czech Trade Inspection Authority carries out, among others and within a limited scope, an inspection of observance of law no. 634/1992 of the Legal Code relating to consumer protection
XI. FINAL PROVISIONS
1. All the provisions between the seller and the purchaser are governed by the legal code of the Czech Republic. If the relationship based on the purchase contract contains an international element, then the parties agree on the relationship to be governed by the Czech laws. However, the consumer rights arising from the generally binding legal regulations are not affected by this.
2. The seller is not bound by any code of good manners in relation to the purchaser within the meaning of regulation no. 1826, par. 1, point e) of the Civil Code.
3. All the rights to the seller’s website, namely content copyrights, including the layout of the website, photos, films, graphics, trademarks, logo and other content and features, belong to the seller. It is forbidden to copy, modify or use the website or any part of it in any other way without the prior consent of the seller.
4. The seller is not responsible for any errors which occur due to the intervention of third persons in the online shop or due to its use in contradiction to its purpose. The purchaser must not use any methods which might have a negative impact on its operation when using the online shop, and they must not perform any activity which might enable them or third persons to intervene or use software equipment or other parts comprising the online shop unauthorized, and to use the online shop or any part of it or software equipment in such way which would be in contradiction to its purpose and function.
5. Hereby the purchaser assumes the risk of change of circumstances within the meaning of article no. 1765, par. 2 of the Civil Code.
6. The purchase contract, including the term and conditions are archived in an electronic form by the seller and is not accessible and there is no access to it.
7.The seller may alter or complement the wording of the terms and conditions. However, the rights and obligations incurred during the period when the previous version of the terms and conditions was in force, will not be affected by this.
8. A contract withdrawal template is attached to the terms and conditions.
These terms and conditions are effective as of 25. 11. 2020.