The business owner: Milka Melissa Aguirre Mays de Krajicek
Address: Högrova 2860/6, 61200 Brno, Czech Republic
Business reg. ID#: 05244218, registered at the Czech Republic business register
For selling goods on-line via internet address: www.poncho.cz
1. GENERAL TERMS
1.1. These business terms (further only „business terms) company Milka Melissa Aguirre Mays de Krajicek (sole entrepreneur), address Högrova 2860/6, 61200 Brno, Czech Republic, reg. ID #: 05244218, (further only Seller) regulates in accordance with article § 1751 section. 1 Code # 89/2012 Sb., Citizen code (further only Citizen Code) mutual rights and obligations of the parties based on contract (further only Purchase Contract) settled between Seller and other person (buyer) via internet store of Seller. Internet Store is managed by Seller on web site www.poncho.cz (further only web site), via web site interface (further trade web interface).
1.2. Business terms are not applicable for situation when somebody intense is to buy goods from Seller and is corporation.
1.3. Different terms are possible to settle in the contract. Different terms are applicable against standard business terms.
1.4. Business terms are part of the contract.
1.5. Any change of the business terms by seller is acceptable. By any change there is no limitation of rights and obligations of previous business terms.
2. PURCHASE ORDER AND PURCHASE AGREEMENT EXECUTION
2.1. in case the on line procurement of the trade allows to the Purchaser to purchase the goods, The Purchaser can purchase the goods as follows:
a) without the registration on line, means directly on the web site (filling the form).Purchase Order without the registration (Purchase order executed differently, but not from the user account) must include exact name of the purchased goods (exact item #) quantity, personal data of the Purchaser (first and last name, shipping address, telephone number, email)
b) in the case that the online procurement of the trade allows to the purchaser to make registration on line, the purchaser can log in onto his user account and he can execute purchase orders using his user account (further only User)
2.2. User Account:
2.2.1. At the registration and during purchasing (using user account and/or others) the purchaser is obliged to provide all the information correctly and truthfully. The Purchaser is obliged to update his user data if any of the data are changed. The information provided by the purchaser in his user account and during the purchasing are considered by Seller as correct and most updated.
2.2.2. Access to the user account is secured by user ID and p/w. Seller acknowledges that User ID and p/w and other information requested to log in to the user account, must not be disclosed and the seller is legally responsible for breaching such obligation. Seller is not authorized to provide information about the user account to the third parties, with exemption authorized by the Purchaser.
2.2.3. Seller can terminate the user account in case that the Purchaser is not using his user account more than 1 year, or in case that the purchaser is violating his responsibilities according to the purchase contract (business terms included).
2.2.4. The purchaser agrees that his user account does not have to be accessible 24/7, with the aspect of the hardware maintenance and software equipment of the Seller, or requested maintenance of the hardware and software third parties.
2.3. Any presentation of the goods on web site has informative function and Seller is not obliged to settle contract for such goods. Article § 1732 Section 2 Citizen Code is not applicable.
2.4. Web site trade interface contents information about the goods, including prices. Prices expires after removing from web site. By this article there is no limit to conclude trade contract by Seller under individually negotiated terms.
2.5. Web site trade interface includes also information about expenses for packaging and delivery. Such information is applicable only in such cases when goods are delivered within Czech Republic territory.
2.6. Buyer has to fill P.O. form on the web site to order. P.O. form includes information about the goods.
2.6.1. Goods (goods which Buyer wants to Order are placed into virtual purchase basket on the web site),
2.6.2. payment method, delivery method,
2.6.3. information about delivery expenses (further hereto s “Purchase Order”).
2.7. Before sending the Purchase Order to Seller, Buyer is allowed to check and redefine some of the terms set up into Purchase Order included fixing the failures made during P.O. form filling. The P.O is transferred to Seller pushing the button “Send P.O.” Data stated in the P.O. form takes the Seller as correct. Seller send electronic confirmation to Buyer when P.O. is received. Electronic confirmation is sent to email address stated in the P.O. form. (Buyer address.)
2.8. Seller can ask Buyer to confirm the P.O. based on the character of the Order, (value, price, delivery expenses) by mail or email.
2.9. Contract between Seller and Buyer is set by acceptance of the P.O. by Seller which s sent by electronic media – email, to Buyer into Buyer email address
2.10. Buyer agrees to use remote communication devices to conclude Purchase Contract. All expenses to cover communication to conclude contract is covered by Buyer (internet connection, telephone calls). Those expenses are not different from standard rates.
3. PRICE ND PAYMENT TERMS
3.1. As per contract the price for the goods and delivery expenses are covered by Buyer by following options:
a) cash on delivery payment method, applicable for customers in the Czech Republic only
b) PayPal payment method, applicable for all customers
c) VISA / Mastercard card payments, applicable for all customers
3.2. Buyer is obliged to pay expenses for packing and delivery. If not stated, selling price includes packing and delivery.
3.3. Seller does not request down payment. This statement has no impact to Terms section 4.6. saying that Buyer is obliged to pay for the goods prior delivery.
3.4. In case of cash payment or cash payment with the delivery the payment must be provided with delivery.
3.6. In case that Buyer does not confirm the P.O. Seller is obliged (sec. 3.6.) to request payment of the total price prior delivery. Article 2119 section 1 of the citizen code is not applicable. .
3.7. It is not acceptable to mix any discount.
3.8. Seller is obliged to issue Bill upon payment. Seller is not registered VAT payer.
4. AGREEMENT CANCELATION
4.1. Seller understands according to article 1837 of the citizen code that it is impossible to reject the Purchase Contract for the goods accommodated according Buyer requests, reject Purchase Contract where delivered goods were mixed with other goods, reject Purchase Contract for the goods which were unpacked and Buyer damaged the package.
4.2. Buyer may reject the Purchase Contract according to the article 1829 of the citizen code within 14 days after goods delivery. , excluding section 5.1. either other cases where Buyer can not reject Purchase Contract. In case that Purchased goods consist several items above time period is counted from time of delivery of the last item. The Purchase Contract cancelation must be delivered as stated above . The Purchase Contract cancelation can be sent to the Seller address and or email address firstname.lastname@example.org
4.3. In case of P.O. cancelation according to the sc. 5.1. of the terms and conditions the contract is terminated from the beginning. The goods must be returned within 14 days to the seller. In case that contract is terminated by Buyer, buyer is obliged to cover all expenses connected with goods return delivery included cases that goods can not be returned because of its character by regular mail.
4.4. In case of P.O. cancelation by seller according to sec. 5.2. of he terms and conditions seller is obliged to return payment wired by buyer within period of 14 days, by the same way of acceptance. Seller may return the payment by different way in case of Buyer approval. In case of P.O. cancelation by Buyer Seller is not obliged to return payment until Buyer prove that goods were returned to the seller.
4.5. In case of any goods damage, the damage recovery is possible to deduct from the purchase price.
4.6. The Seller may reject the Purchase contract at any time until the goods are delivered. In such case Seller is obliged to return payment of the purchase price without any delay to the account settled by Buyer.
4.7. In case that delivered goods include Seller’s gift, the donation contract is settled with termination clause, that I n case that Purchase Contract is being to be terminated donation contract is rejected automatically. Buyer is obliged to return the gift together with the goods.
5. TRANSPORT AND DELIVERY
5.1. In case that transport is settled upon special request of the Buyer, Buyer is responsible for the delivery and additional prospective expenses.
5.2. In case that Seller is obliged to deliver the goods to the place scheduled by Buyer, Buyer is obliged to take the goods with the delivery.
5.3. In case that goods must be delivered repeatedly or differently than stated in the P.O. because of Buyer request, Buyer is obliged to clear all expenses with such delivery, resp. different delivery expenses.
5.4. When taking the goods from forwarder Buyer is obliged to check the packing and in case of any damage Buyer must report to the forwarder. In case of damage which significantly shows violation of the goods Buyer is not obliged to take the goods from forwarder.
5.5. Other rights and obligations of the parties for transportation might be settled by Buyer’s special delivery terms if such delivery terms exist and are issued by Seller.
6. NON COMPLETE DELIVERY RIGHTS
6.1. Rights and Obligations of the parties ref to non complete delivery are ruled by valid rules and codes (especially articles § 1914 up to 1925, § 2099 up to 2117 a § 2161 up to 2174 of the Citizen Code).
6.2. Seller is responsible for the quality of the goods to the Buyer in the moment of delivery. Especially Seller is responsible to the Buyer that the delivered goods:
6.2.1. goods have properties which has been settled by both parties and if there is no settlement like this then the gods has such properties Seller had described or Buyer had expected based on the goods origin or based on Seller advertisement
6.2.2. goods fit to the purpose which is defined by Seller or it is generally used like this,
6.2.3. goods is equal to quality to the sample in case quality of the goods was settled based on the sample,
6.2.4. goods is delivered at adequate value, quantity or weight and
6.3. Articles posted at sec.7.2. of the terms and conditions are not applicable on the goods sold for discount price because of the defect for which discount has been negotiated as wearing out of the goods by usual use, for used goods to the defect equal to the time of using which goods are have in the time of the delivery.
6.4. Buyer’s claim rights for defect delivery are placed to the Seller shop address, where is possible to deal with such claim because of the properties and origin of the goods selling in the shop resp branch office or Seller’s business address. The claim day is the day when Seller received the defect goods from Buyer.
6.5. Tthe rights and obligations of the parties related to the Seller responsibility for the good defect is settled by claim rules issued by the seller.
7. CLAIM RULES
7.1. In case that Buyer found that goods has defect which is not caused by inappropriate use but caused by actual goods defect Buyer has right to put his claim. Claim is placed to the address: email@example.com
7.2. Seller or service center evaluate claim eligibility and is going to inform the Buyer by phone or email how the claim is going to be solved. After that Buyer will be announced to take the goods under claim. Time period for the claim is settled according to the code.
8. OTHER RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. Buyer is getting the ownership rights after goods is fully paid.
8.2. Seller is not obliged to Buyer by any kind of manner codex in meaning of article § 1826 sec. 1 e) of the Citizen Code.
8.3. Extrajudicial claim process is provided by Seller on email address firstname.lastname@example.org. Information about claim status is going to be sent by seller to email address of the Buyer.
8.4. Seller is authorized to sell goods. Control is provided by responsible authority. Personal data file protection is provided by Personal Data Protection Authority. Czech Trade Inspection is providing control of fulfillment of the Code # 634/1992 Sb., Customer Protection in the meaning of further rules.
8.5. Buyer is hereto undertaking any deviations of the terms in the meaning of the art. § 1765 sec.. 2 of the Citizen Code
9. PERSONAL DATA PROTECTION
9.1. Buyer personal data protection who is sole enterpreneur is provided in accordance with the Code # 101/2000 Sb., Personal Data Protection in the meaning of further rules.
9.2. First and last name, address. ID number, ITIN number, email address, telephone number must be processed to proceed with the order including other contract deliverables.
9.3. Buyer agrees that he is obliged to provide his personal data correctly (during processing the PO at the web trade interface ) and the buyer is obliged to inform immediately the seller about any change.
9.4. Personal data management is provided by company Milka Melissa Aguirre Mays de Krajicek (sole entrepreneur) as personal data administrator. The personal data will not transferred to the third parties except forwarder, without prior agreement form the buyer.
9.5. Personal data are going to be managed for unlimited time period. Personal data are going to be recorded in electronic files automatically or printed non-automatically.
9.6. Buyers agrees and confirms, that provided personal data are correct, by checking the box I AGREE WITH THE TERMS AND CONDITIONS. Buyer agrees, that his personal data will be processed for the use of the delivery according the P.O., by purchase execution. The buyer was informed that the personal data are provided voluntarily.
9.7. In case that the Buyer would became in the knowledge that the Seller (at Art.9.6) is processing Buyer’s personal data which is in contradiction with provision of personal life protection or in the contradiction with law, in the aspect of accuracy based upon they have been collected, the buyer can:
9.7.1 request explanation
9.8. In case that Buyer will consider that Seller or Provider (sec. 9.5) is processing personal data in violation of personal Buyer life or in violation of the law, especially if personal data are not correct, Buyer can:
9.8.1. request explanation from Seller or Provider,
9.8.2. request administrator to fix the problem,
9.8.3. Request administrator to delete all personal data, except personal data which administrator is obliged to collect according the law.
9.9. In case that the Buyer is requesting information about his personal data administration, the administrator is requested to provide such information. Seller is eligible to be reimbursed for providing of such information according to previous statement. Reimbursement should not be higher than expenses connected with such service.
10. BUSINESS NOTICE AND COOKIES STORAGE
10.1. Seller does not allow on his web site to choose business notice mailing. In case Buyer is requesting such information, the information is provided based on the written request to email address email@example.com and also agrees that information about goods and services or enterprise will be provided to his email address and further agrees that business notices will be provided to his email address.
10.2. Buyer agrees that cookies (about cookies here) will be stored on his computer. In case that trade on the web site is doable and fulfill all the obligations from P.C. fulfill without cookies storage Buyer can reject is approval anytime in accordance with prior statement.
11. BUSINESS NOTICE DELIVERY
11.1. Business notice can be delivered to email address stated at his user account or stated in the P.O.
12. FINAL STATEMENTS
12.1. In case business based on the P.C. is international then both parties agree that business is ruled by Czech law. Buyer rights based on the generally law rules are also applicable.
12.2. In case some of the statements of the business terms is not applicable or become not applicable replacement of those statements by statements by which meanings is closest to the original meaning take part. In case of the statement is not applicable does not mean that other statements are not applicable neither. It is possible to change the P.C. only by written addendum. P.C. included terms is stored by Seller in his electronic files and access is denied.
12.3. Contact data of Seller: delivery address: Petr Sycha, poncho.cz, Bellova 13, 623 00 Brno, Czech Republic, email address firstname.lastname@example.org