Terms and conditions

with its registered office at Výšinka 1409, 511 01 Turnov

Identification Number: 00030091

registered in the Commercial Register maintained by the Regional Court in Hradec Králové, File No. DrXVIII 390

for the sale of goods through an online shop located

at www.granat-shop.cz

 

1. INTRODUCTORY PROVISIONS

1.1. These commercial terms and conditions (hereinafter referred to as "Terms and Conditions") of Granát, cooperative of artistic production, Turnov, with its registered office at Výšinka 1409, 511 01 Turnov, Identification No.: 00030091, registered in the Commercial Register maintained by the Regional Court in Hradec Králové, File No. DrXVIII 390 (hereinafter referred to as the "Seller"), regulate, in accordance with the provisions of Section 1751(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 contractual 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 a natural person (hereinafter also referred to as the "Consumer") or a natural person-entrepreneur or a legal person (hereinafter collectively referred to as the "Buyer") through the Seller's online shop. The online shop, located at www.granat-shop.cz, is operated by the Seller through a website interface (hereinafter referred to as the "web interface of the shop").

1.2. 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 Terms and Conditions.

1.3. The provisions of the Terms and Conditions form an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in the Czech language. The Purchase Contract can be concluded in the Czech language.

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

2. user account

2.1. Based on the Buyer's registration made on the website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as the "user account"). The Buyer can also order goods without registration directly from the web interface of the shop.

2.2. When registering on the website and when ordering goods, the Buyer is obligated to provide all information correctly and truthfully. The Buyer is obligated to update the information provided in the user account whenever it changes. The information provided by the Buyer in the user account and when ordering goods is deemed correct by the Seller.

2.3. Access to the user account is secured by a username and password. The Buyer is obligated to maintain confidentiality of the information necessary to access his/her user account.

2.4. The Buyer is not entitled to allow third parties to use the user account.

2.5. The Buyer acknowledges that the user account may not be available continuously, in particular with regard to the necessary maintenance of the Seller's hardware and software or the necessary maintenance of hardware and software of third parties.

3. conclusion of the Purchase Contract

3.1. Any presentation of goods placed on the web interface of the shop is informative and the Seller is not obligated to conclude a Purchase Contract regarding these goods. Section 1732(2) of the Civil Code shall not apply.

3.2. The web interface of the shop contains information about the goods, including the prices of individual goods. The prices of the goods include value added tax and all associated 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 under individually agreed terms.

3.3. To order goods, the Buyer shall fill in the order form on the web interface of the Shop. The order form contains in particular information about:

3.3.1. the goods ordered (the goods ordered are "placed" by the Buyer into the electronic shopping cart of the web interface of the shop). The Buyer acknowledges that the goods can only be searched on the pages of the shop. When searching via other internet search engines using the product code and other, an incorrect order may be placed due to an outdated offer - an incorrect price.

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

3.3.3. the information about the costs associated with the goods delivery (hereinafter collectively referred to as the “order”)

3.4. Before submitting the order to the Seller, the Buyer is allowed to check and change the data that the Buyer has entered in the order, also considering the Buyer's ability to detect and correct errors arising when entering data into the order. The Buyer submits the order to the Seller by clicking on the "ORDER" button. The information provided in the order is considered correct by the Seller. Upon receiving the order, the Seller confirms the receipt of the order to the Buyer by email sent to the Buyer's email address specified in the user account or in the order (hereinafter referred to as the "Buyer's email address").

3.5. The contractual relationship between the Seller and the Buyer is established by the delivery of the order receipt (acceptance), sent by the Seller to the Buyer by electronic mail to the Buyer's electronic mail address.

3.6. The Buyer agrees to the use of remote means of communication at the conclusion of the Purchase Contract. The costs incurred by the Buyer in the use of 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/herself, and these costs shall not differ from the basic rate.

4. price of goods and payment terms and conditions

4.1. The Buyer can pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the Seller in the following ways:

in cash on delivery at the place specified by the Buyer in the order;

cashless by electronic transfer to the Seller's bank account No. , established with     (hereinafter referred to as the "Seller's account");

cashless by a payment card (VISA, MasterCard);

payment is possible in cash or by credit card for personal collection at stores.

4.2. Unless explicitly stated otherwise, the purchase price shall also include the costs associated with the delivery of the goods.

4.3 The Seller does not require an advance payment deposit or another similar payment from the Buyer.

4.4 In case of payment in cash or in case of payment on delivery, the purchase price is due upon receipt of the goods. In case of cashless payment, the purchase price is due within days of the conclusion of the Purchase Contract.

4.5. In case of cashless payment, the Buyer is obligated to pay the purchase price of the goods stating the variable symbol of the payment. In case of cashless 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. Any discounts on the price of the goods granted by the Seller to the Buyer cannot be combined with each other.

4.7. If it is customary in a commercial relationship or if it is stipulated by generally binding legal regulations, the Seller shall issue a tax document - an invoice to the Buyer regarding payments made on the basis of the Purchase Contract. The Seller is a value-added-tax payer. The Seller shall issue a tax document - an invoice to the Buyer after the price of the goods is paid and send it electronically to the Buyer's electronic address.

4.8. According to the Sales Registration Act, the Seller is obligated to issue a receipt to the Buyer. At the same time, it is obligated to register the received sales with the tax administrator online; in case of a technical failure, then within 48 hours at the latest.

5. withdrawal from the Purchase Contract by the CONSUMER

5.1. The Consumer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Contract for the supply of goods that have been modified according to the Consumer's wishes or for the Consumer.

5.2. Unless this is a case referred to in the provisions of Section 1837 of the Civil Code, the Consumer  is entitled to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code within fourteen (14) days from the date of receipt of the goods, whereby if 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 withdrawal from the Purchase Contract must be sent to the Seller within the period specified in the previous sentence. The Consumer may send the withdrawal from the Purchase Contract, inter alia, to the Seller's business address or to the Seller's email.

5.3. In the event of withdrawal from the Purchase Contract pursuant to paragraph 5.2, the Purchase Contract shall be annulled from the outset. The goods must be returned by the Consumer to the Seller within fourteen (14) days of the receipt of the withdrawal from the Purchase Contract to the Seller. If the Consumer withdraws from the Purchase Contract, he/she shall bear the costs of returning the goods to the Seller, even if the goods cannot be returned by the usual postal method due to their nature.

5.4. In the event of withdrawal from the Purchase Contract pursuant to paragraph 5.2, the Seller shall return the funds received from the Consumer within fourteen (14) days from the date of withdrawal from the Purchase Contract by the Consumer in the same manner as the Seller received them from the Consumer. The Seller shall also be entitled to return the funds provided by the Consumer upon return of the goods by the Consumer or in another manner, provided that the Consumer agrees to this, and no further costs are incurred by the Consumer. If the Consumer withdraws from the Purchase Contract, the Seller is not obligated to return the funds received to the Consumer before the Consumer returns the goods to the Seller or proves that he/she has sent the goods to the Seller.

5.5. The Seller is entitled to unilaterally set off a claim for payment of damages to the goods against the Consumer's claim for reimbursement of the purchase price.

5.6. In cases where the Consumer is entitled to withdraw from the Purchase Contract in accordance with the provisions of Section 1829(1) of the Civil Code, the Seller is also entitled to withdraw from the Purchase Contract at any time until the Consumer has taken delivery of the goods. In this case, the Seller shall refund the purchase price to the Buyer without undue delay, by bank transfer to the account designated by the Consumer.

6. transport and delivery of goods

6.1. The Seller shall deliver the goods to the Buyer within 10 days of the date of order confirmation unless the Seller specifies a different delivery period for individual goods. If the goods are stated to be "in stock", the Seller shall dispatch the goods within two working days at the latest. In case of payment by bank transfer, the Seller shall send the goods only after the Buyer's payment has been credited to the Seller's account. The place of delivery is the location indicated by the Buyer in the order.

6.2. The place of delivery is the location indicated by the Buyer in the order. If under the Purchase Contract the Seller is obligated to deliver the goods to the place designated by the Buyer in the order, the Buyer shall accept the goods upon delivery.

6.3. In the event that for reasons on the Buyer's side it is necessary to deliver the goods repeatedly or in a different way than specified in the order, the Buyer is obligated to pay the costs associated with the repeated delivery of goods or the costs associated with a different method of delivery.

6.4. Upon receipt of the goods from the carrier, the Buyer shall check the integrity of the packaging of the goods and in the event of any defects, notify the carrier immediately. In the event of a breach of the packaging indicating unauthorized intrusion into the shipment, the Buyer may not accept the shipment from the carrier.

Packages to be collected in person will be stored in shops for 14 days!

7. Rights from defective performance

7.1. The rights and obligations of the contractual parties with regard to the rights of defective performance are governed by the applicable legal provisions, in particular Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code.

7.2. The Seller is liable to the Buyer that the goods are free from defects upon receipt. In particular, the Seller is liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the characteristics agreed between the contractual parties and, in the absence of agreement, have the characteristics described by the Seller or manufacturer or expected by the Buyer considering the nature of the goods and on the basis of the advertising carried out by them,

7.2.2. the goods are fit for the purpose for which the Seller states they are to be used or for which the goods of such kind are usually used,

7.2.3. the goods’ quality or workmanship corresponds to the agreed sample or model if the quality or workmanship was determined by reference to the agreed sample or model,

7.2.4. the goods are of the appropriate quantity, volume or weight; and

7.2.5. the goods comply with the legal requirements.

7.3. The provisions referred to in paragraph 7.2 shall not apply in case of goods sold at a lower price due to a defect for which the lower price was agreed, due to wear and tear caused by standard use, due to a defect in case of used goods corresponding to the degree of use or wear and tear which the goods had when accepted by the Buyer, or if this results from the nature of the goods.

7.4. If a defect manifests itself within six months of receipt, the goods shall be deemed to have been defective upon receipt. The Buyer is entitled to assert a right to claim with regards to a defect that occurs in consumer goods within twenty-four months of receipt.

7.5. The Buyer shall assert the rights arising from defective performance at the Seller's business address where the claim can be received, with regards to the range of goods being sold, or at the registered office or place of business.

7.6. Other rights and obligations of the parties related to the Seller's liability for defects may be regulated by the Seller's Complaints Regulations.

8. other rights and obligations of the contractual parties

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

8.2. The Seller shall handle the Buyer's complaints via an electronic address. The Seller shall send information on the handling of the Buyer's complaint to the Buyer's electronic address.

8.3. 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 settlements of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Consumer under a Purchase Contract.

8.4. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://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 consumer online dispute resolution).

8.5. The Seller is authorized to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by a 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, in a limited scope among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended.

8.6. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. data protection

9.1. The personal data controller, i.e. the person who determines the purposes and means and decides on the processing of the Buyer's personal data, is the Seller's company, i.e. Granát, cooperative of artistic production, Turnov, with its registered office at Výšinka 1409, 511 01 Turnov, ID No.: 00030091, and the contact person for personal data protection is Iva Tomešová, telephone: 481 357 212, email: centrum@granat.cz.

 

9.2.  When processing personal data, the Seller is governed by the relevant legislation, in particular the General Data Protection Regulation ("GDPR"). The processing of the Buyer's personal data is necessary for the performance of the Purchase Contract concluded through the Seller's online shop. The processing of personal data takes place so that the Seller can provide the performance arising from the Purchase Contract and to inform the Buyer about it. All personal data are processed on the basis of the Purchase Contract for the purchase of goods and its processing is necessary for the performance of this Contract. The Seller also processes personal data for the purposes of any claims or the exercise of other rights of the Buyer as a consumer under the relevant legislation.

9.3. Personal data are processed for the period from the time of ordering the goods until the expiry of the warranty period. Thereafter, only those personal data of the Buyer which are further necessary for the exercise of the rights and performance of the Seller's obligations or for which this is required by other legal regulations are stored, however for a maximum of three years after the expiry of the warranty period. The processing of personal data does not involve automated decision-making or profiling.

9.4. The Seller only processes personal data that it has obtained directly from the Buyer and that the Buyer has provided in the order, in particular name and surname, telephone number, email, address, and if applicable, delivery address, company, company ID and VAT numbers and any other data provided by the Buyer in connection with the performance of the Purchase Contract, such as a bank account number. The personal data are entered into the Seller's customer database, further registered in this database and associated with additional data about the ordered goods and the selected method of delivery. Without the provision of these personal data, it would not be possible to deliver the selected goods to the Buyer and to provide other services of the Seller. The provision and processing of the above personal data is therefore a necessary condition for the conclusion and the performance of the Purchase Contract.

9.5. The Seller shall treat the Buyer's personal data with due care and in accordance with applicable law. Personal data are protected to the maximum extent possible which corresponds to the technical level of the available means. Strict rules apply within the Seller’s internal structure on which employee or department may have access to personal data and which personal data may be processed.

9.6. Personal data are transferred by the Buyer to the extent necessary to other entities to ensure the performance of the Purchase Contract, in particular for the purpose of shipping and receiving the goods in the manner chosen by the Buyer when placing an order. In addition, personal data are not passed onto anyone outside the Seller's company except in the following cases:

9.6.1. the explicit consent of the Buyer is given,

9.6.2. the Seller is required or authorized to do so by law (for example, in case of requirements of law enforcement authorities).

9.7. Personal data are not transferred to countries outside the European Union.

9.8 The Buyer has the following rights in relation to its personal data which it may exercise against the Seller:

9.8.1. the right to obtain confirmation of the (non-)processing of personal data by the Seller and to access all personal data related to the Buyer that the Seller processes;

9.8.2. the right to rectification or completion of personal data if inaccurate or incomplete;

9.8.3. the right to erasure or restriction of processing of personal data if the conditions set by law are met;

9.8.4. the right to object to processing of personal data;

9.8.5. the right to transfer personal data to another controller.

9.9 For the exercise of the rights to the protection of personal data under Article 9.8, which the Seller fully respects and enables the exercise thereof, the Buyer may contact the following in writing, electronically or by telephone:

9.10. If the Buyer believes that the processing of his/her personal data is in violation of the law, he/she is entitled to file a complaint with a supervisory authority, which is the Office for Personal Data Protection, ID No.: 70837627, with its registered office at Pplk. Sochora 27, 170 00 Prague 7, www: https://www.uoou.cz.

10. Delivery

10.1. Notices concerning the relationship between the Seller and the Buyer, in particular those concerning withdrawal from the Purchase Contract, must be delivered as a registered letter by post unless stipulated otherwise in the Purchase Contract. Notices shall be delivered to the relevant contact address of the other party and shall be deemed to be delivered and effective upon delivery by post, except for notices of withdrawal made by the Consumer, which shall be governed by the provisions of Article 5, paragraph 5.2 of the Terms and Conditions.

10.2. A notice the receipt of which has been refused by the addressee which has not been collected within the storage period or which has been returned as undeliverable shall also be deemed to have been delivered.

10.3. The contractual parties may deliver standard correspondence to each other by electronic mail to the electronic mail address specified by the Buyer in the order, or to the address specified on the Seller's website.

11. final provisions

11.1. If the relationship established by the Purchase Contract contains an international (foreign) element, then the contractual parties agree that the relationship is governed by Czech law.

11.2 If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision shall be replaced by a provision the meaning of which 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.

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

11.4 Contact details of the Seller: delivery address, email address, telephone.

In Turnov on 22 March 2018

Granát, cooperative of artistic production, Turnov