Orfeo Office s.r.o.
with its registered office at Chelcickeho 95 / 15, CZ-370 01 Ceske Budejovice
id number: 25176269
registered in the Commercial Register maintained by the Regional Court in Ceske Budejovice, Section C, File 7940
for the sale of goods through the on-line shop located at the Internet address: https://www.orfeoshop.com
1. INTRODUCTORY PROVISIONS
1.1. These Business Terms and Conditions (hereinafter the “Business Terms and Conditions”) of Orfeo Office, sro, registered office at Chelčického 95 / 15, identification number: 25176269, registered in the Commercial Register maintained by the Regional Court in České Budějovice, Section C, File 7940 the Seller ”), in accordance with the provisions of Section 1751 (1) of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the“ Civil Code ”), regulate the mutual rights and obligations of Purchase Agreement ”) concluded between the seller and another natural person or legal entity (hereinafter referred to as the“ buyer ”) through the seller's online store. E-shop is operated by the seller on a website located at the Internet address:
(the "Website"), through the Website Interface (the "Web Store Interface").
1.2. Articles 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 8.2. and 8.3. of these Terms and Conditions do not apply to cases where the buyer who intends to buy goods from the seller, when ordering goods in the course of his business (not a consumer).
1.3. Provisions deviating from the terms and conditions can be agreed in the purchase contract. Divergent provisions in the sales contract shall take precedence over the provisions of the Terms and Conditions.
1.4. The provisions of the Terms and Conditions form an integral part of the purchase contract. The purchase contract and the terms and conditions are written in Czech. The purchase contract can be concluded in Czech.
1.5. The seller may change or supplement the text of the Terms and Conditions. This provision shall be without prejudice to rights and obligations arising during the effective period of the previous version of the Terms and Conditions.
2. USER ACCOUNT
2.1. Based on the buyer's registration on the website, the buyer can access his user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface allows it, the buyer can also order goods without registration directly from the web interface.
2.2. When registering on the website and ordering goods, the buyer is obliged to provide correct and truthful information. The buyer is obliged to update the data entered in the user account upon any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2.3. Access to the user account is secured by a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account.
2.4. The buyer is not entitled to allow the use of the user account by third parties.
2.5. The seller may cancel the user account, especially if the buyer has not used his user account for more than 1 year, or if the buyer breaches his obligations under the purchase contract (including terms and conditions).
2.6. The buyer acknowledges that the user account may not be available at all times, especially with regard to the necessary maintenance of the hardware and software equipment of the Seller, respectively. necessary maintenance of third party hardware and software.
3. CONCLUSION OF THE PURCHASE CONTRACT
3.1. All presentation of the goods placed in the web interface of the shop is of informative character and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732 (2) of the Civil Code shall not apply.
3.2. The web interface of the store contains information about the goods, including the prices of the individual goods and the costs of returning the goods, if these goods cannot by their nature be returned by the normal postal route. Prices of goods include VAT and all related fees. Prices of goods remain valid as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated conditions.
3.3. The store web interface also contains information about the costs associated with packaging and delivery. The information on the costs associated with packaging and delivery of goods listed in the web interface of the shop is valid only when the goods are delivered within the EU territory.
3.4. To order goods, the buyer fills in an order form in the web interface of the shop. The order form contains information about:
3.4.1. ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the shop),
3.4.2. the method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods and
3.4.3. information on the costs associated with the delivery of the goods (hereinafter collectively referred to as the "Order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order by the buyer, also with regard to the buyer's ability to detect and correct errors arising when entering data into the order. The buyer sends the order to the seller by clicking on the button "Submit binding order". The data listed in the order they are deemed correct by the seller. The seller shall confirm the receipt to the Buyer immediately upon receipt of the order by e-mail to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as the “Buyer's E-mail Address”).
3.6. Depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs), the seller is always entitled to ask the buyer for additional confirmation of the order (eg in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises upon delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail to the buyer's e-mail address.
3.8. The buyer agrees to the use of means of distance communication when concluding the purchase contract. The costs incurred by the buyer when using the means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone costs) shall be borne by the buyer, which costs do not differ from the standard rate.
4. PRICE OF GOODS AND PAYMENT CONDITIONS
4.1. The price of the goods and any costs associated with the delivery of goods according to the purchase contract, the buyer can pay the seller in the following ways:
• in cash at the seller's premises at Chelcickeho 95 / 13A, 370 01 Ceske Budejovice;
• cash on delivery at the place specified by the buyer in the order;
• cashless transfer to the seller's account No. 100 95 84/2060, maintained at Citfin s. D., Prague (hereinafter referred to as the “seller's account”)
• cashless payment card;
4.2. Together with the purchase price, the buyer is obliged to pay to the seller also the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of goods.
4.3. The seller does not require the buyer to pay a deposit or other similar payment. This is without prejudice to the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of goods in advance.
4.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods. In the case of cashless payment, the purchase price is payable at the moment of conclusion of the purchase contract.
4.5. In case of cashless payment, the buyer is obliged to pay the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment, the buyer's obligation to pay the purchase price is fulfilled at the moment of crediting the relevant amount to the seller's account.
4.6. The seller is entitled, especially if the buyer fails to confirm the order additionally (Article 3.6), to request payment of the entire purchase price before sending the goods to the buyer. In case of payment by bank transfer to the seller's account or by payment by credit card, the buyer is obliged to pay the price of the goods in advance. The provisions of Section 2119 (1) of the Civil Code shall not apply.
4.7. Any discounts on the price of goods provided by the seller to the buyer cannot be combined.
4.8. If it is usual in business relations or if so stipulated by generally binding legal regulations, the seller shall issue to the buyer a tax document - invoice regarding payments made under the purchase contract. The seller is a payer of value added tax. The seller shall issue the tax document - invoice to the buyer after payment of the price of the goods and send it in electronic form to the Buyer's email address or in paper form together with the goods according to the buyer's instructions.
4.9. When buying for EU VAT number without VAT for Export, follow the terms https://www.orfeoshop.com
5. WITHDRAWAL FROM THE PURCHASE CONTRACT
5.1. The buyer acknowledges that, pursuant to the provisions of Section 1837 of the Civil Code, it is not possible, among other things, to withdraw from a purchase contract for the supply of goods which has been modified according to the buyer's wish or for himself. which has been irrevocably mixed with other goods after delivery, from a contract for the supply of sealed goods which the consumer has removed from the package and cannot be returned for hygienic reasons and from a contract for the delivery of audio or video recordings or computer software if original packaging.
5.2. Unless the case referred to in Article 5.1 or any other case where the Purchase Agreement cannot be withdrawn, the buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days in accordance with Section 1829 (1) of the Civil Code. from the date of receipt of the goods, and if the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Withdrawal from the contract of sale must be sent to the seller within the period specified in the previous sentence. For withdrawal from the purchase contract, the buyer can use the sample form provided by the seller, which is attached to the business conditions. Withdrawal from the Purchase Agreement may be sent by the buyer to, among other things, the seller's premises or the seller's e-mail address email@example.com
5.3. In case of withdrawal from the purchase contract according to Article 5.2 of the Terms and Conditions, the purchase contract is canceled from the beginning. Goods must be returned to the esller within fourteen (14) days of withdrawal. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods can not be returned by its nature by normal mail.
5.4. In the event of withdrawal pursuant to Article 5.2 of the Terms and Conditions, thse eller shall return funds received from the buyer within fourteen (14) days of the withdrawal from the Purchase Agreement by the buyer in the same manner as the seller accepted them from the buyer. The seller is also entitled to return the performance provided by the buyer at the time of returning the goods by the buyer or otherwise, if the buyer agrees and does not incur additional costs to the Buyer. If the buyer withdraws from the contract, the seller is not obliged to return the funds received to the buyer before the buyer returns the goods or proves that the goods sent to the seller. Where the consumer has chosen a method other than the cheapest method of supply offered by the trader, the trader shall refund to the consumer the cost of supply corresponding to the cheapest method of supply offered.
5.5. The seller is entitled to unilaterally set off the claim for compensation of damage incurred to the goods against the buyer's claim for refund of the purchase price.
5.6. Until the buyer accepts the goods, the seller is entitled to withdraw from the contract at any time. In such a case, the seller shall return the purchase price to the buyer without undue delay, by cashless transfer to the account specified by the buyer.
5.7. If a gift is provided to the buyer together with the goods, the gift contract between the seller and the buyer is concluded with the cancellation condition that if the buyer withdraws from the purchase contract, the gift contract for such gift ceases to be effective. provided gift.
6. TRANSPORT AND DELIVERY OF GOODS
6.1. If the mode of transport is negotiated on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this mode of transport.
6.2. If the seller is obliged under the Purchase Agreement to deliver the goods to the place specified by the ubyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that due to reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of goods, respectively. costs associated with other delivery methods.
6.4. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects notify the carrier immediately. In case of finding a breach of the package, which indicates unauthorized entry into the shipment, the buyer need not take the shipment from the carrier.
6.5. Other rights and obligations of the parties in the carriage of goods may be governed by special delivery terms of the seller, if issued by the seller.
7. RIGHTS OF DEFECTIVE PERFORMANCE / WARRANTY / LIMITATION OF LIABILITY
7.1. The rights and obligations of the contracting parties in respect of rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller is responsible 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 when the buyer took over the goods:
7.2.1. the goods have properties agreed upon by the parties and, in the absence of an agreement, those properties described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and the advertising they carry out,
7.2.2. the goods are fit for the purpose stated by the seller or for which goods of this kind are usually used,
7.2.3. the goods conform to the quality or design agreed upon in the agreed sample or template, if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are of an appropriate quantity, measure or weight, and
7.2.5. the goods comply with legal requirements.
7.3. The provisions referred to in Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear of the goods caused by its normal use, by the buyer or if it results from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods shall be deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in consumer goods within twenty-four months of receipt.
7.5. Rights from defective performance shall be exercised by the buyer at the seller's address, where acceptance of the complaint is possible with respect to the assortment of goods sold, or possibly at the registered office or place of business. The moment when the seller has received the goods from the buyer is considered the moment of claiming.
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 Procedure.
7.7. As a warranty, the buyer can initially only demand rectification of defects. The buyer must grant the supplier the necessary time and opportunity to carry out these actions, otherwise the supplier is released from the obligation to rectify. The seller may deliver a replacement item instead of rectifying the defect. The buyer may demand the cancellation of the contract (redhibitory action) or a reduction of the price (abatement) if rectifications/repair fail 3 times and the seller refuses the replacement delivery or does not provide it within a reasonable period of time. The warranty does not cover damage caused by improper handling.
7.8. Unless otherwise stated, warranty claims shall become statute-barred 6 months after handover.
9.2 In the event of justified notices of defect, the supplier shall be obliged to rectify the defect or to deliver defect-free replacement goods at its discretion. The costs for the dispatch of the goods notified as defective as well as the packaging and the installation and removal of parts shall be borne by the ordering party.
7.9. In the event of unjustified notices of defects, the supplier shall be entitled to charge the purchaser for all costs arising therefrom.
7.9.1. Claims for damages by the purchaser due to or in connection with defects or consequential harm caused by a defect, irrespective of the legal grounds, shall only exist in accordance with the provisions of Clause 7.9.7.
7.9.2. The seller shall not be liable for defects or damage resulting from the violation of operating, maintenance and installation instructions, improper use, faulty or negligent handling, natural wear and tear, interventions by the purchaser or third parties in the delivery item or the use of spare parts of foreign origin.
7.9.3. In the event of rectification of defects within the warranty period of the item, the seller is only obliged to reset the purchased item to the manufacturer's delivery condition. All further adjustments that go beyond the settings made in production (factory settings) are not part of the warranty and are therefore chargeable to the buyer.
7.9.4. In the event of slight negligence, we shall only be liable for all claims for damages against us due to culpable breach of duty, irrespective of the legal grounds, in particular due to impossibility, delay, defective delivery, positive breach of contract, breach of duties during contractual negotiations, tortious act, product liability, in the event of a breach of essential duties. Otherwise, our liability for slight negligence is excluded.
7.9.5. In the case of liability according to clause 7.9. and liability without fault, in particular in the case of initial impossibility and defects of title, the seller shall only be liable for the typical and foreseeable damage. A liability for consequential damages is limited to the price of the delivered product
7.9.6. The buyer shall decide on his own responsibility about the use of the delivered goods. Unless the seller has confirmed in writing specific properties and suitability of the products for a contractually determined purpose of use, technical advice on application shall in any case be non-binding.
7.9.7. The exclusion of liability pursuant to clauses 7.9.3. - 7.9.6. shall apply to the same extent in favour of all employees and other vicarious agents of the seller.
7.9.8.The preceding provisions of sections 7.9.4 - 7.9.7. shall not apply insofar as the seller is held liable under the Czech Product Liability Act.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
8.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
8.2. In relation to the ubyer, the seller is not bound by any codes of conduct within the meaning of § 1826 para. e) of the Civil Code.
8.3. The Czech Trade Inspection, ID No .: 00020869, with its registered office at Štěpánská 567/15, 120 00 Prague, is competent for the out-of-court settlement of consumer disputes arising from the purchase contract.
8.4. The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of its competence by the appropriate trade licensing office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority carries out, among other things, supervision of compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.
8.5. The buyer hereby assumes the risk of changing circumstances within the meaning of Section 1765 (2) of the Civil Code.
9. PROTECTION AND PROCESSING OF PERSONAL DATA
9.1. Orfeo Office s.r.o. proceeds in the processing of personal data in accordance with Regulation (EU) No 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation); On the protection of personal data and the Act, which will replace this Act in the sense of the implementation of the above-mentioned Regulation, Act No. 480/2004 b., On certain information society services, Act No. 127/2005 Coll., On electronic communications and other legislation regulating the protection of personal data.
9.2. Orfeo Office s.r.o. authorized to process the user's personal data or personal data provided or entered by the user at registration (especially contact data).
9.3. Such processing of personal data is lawful as it is necessary in the performance of the contract under which Orfeo Office s.r.o. provides a registration service to which the User is a party as a personal data subject.
9.4. In specific cases, Orfeo Office s.r.o. process personal data beyond the scope of Article 9.2. and 9.3 Terms and Conditions according to the specific purpose for the protection of the legitimate interests of Orfeo Office s.r.o. or third parties (such as an interest in the safe functioning of the Service) as required by law to process personal data.
9.5. If the User has handed over to Orfeo Office s.r.o. personal data of other natural persons, the User is obliged to inform these natural persons about the processing of personal data and thus ensure the lawfulness of the processing of personal data. Otherwise, the User is responsible to Orfeo Office s.r.o. for damage caused.
9.6. More detailed information on the use of personal data is available on the Orfeo Office s.r.o. see below:
• Consent to the processing of personal data (GDPR) can be found on our website https://www.orfeoshop.com
• You can find the privacy statement at https://www.orfeoshop.com
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
10.1. The buyer agrees to receive information related to the seller's goods, services or business to the Buyer's email address and further agrees to receive commercial communications from the seller to the buyer's email address.
10.2. The buyer agrees to the storing of cookies on his computer. If the purchase can be made on the website and the seller's obligations under the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw the consent under the previous sentence at any time.
11.1. It may be delivered to the Buyer at the Buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This is without prejudice to the consumer's rights under generally binding legal regulations.
12.2. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the invalid provision shall be replaced by a provision whose meaning is as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.3. The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
12.4. Attachment of the order confirmation email is a sample form for withdrawal and instruction.
12.5. Seller's contact details: delivery address Chelcickeho 95 / 13A, CZ-370 01 Ceske Budejovice, e-mail address firstname.lastname@example.org