Terms and Conditions
trading company
MELNICK KOB, SRO
based Nábřežní 491, 735 42 Těrlicko
identification number: 29442737
registered in the Commercial Register kept at the Regional Court in Ostrava, section C, insert 53543
for the sale of goods through an online store located at the internet address www.melnick.cz
1. INTRODUCTORY PROVISIONS
1.1. These terms and conditions (hereinafter referred to as "business conditions") of the business company MELNICK KOB, sro, with its registered office at Nábřežní 491, 735 42 Těrlicko, identification number: 29442737, registered in the Commercial Register kept at the Regional Court in Ostrava, section C, insert 53543 (hereinafter referred to as the "seller") in accordance with the provisions of Section 1751, Paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection with or on the basis of a purchase contract (hereinafter referred to as the "purchase contract") concluded between the seller and another natural person (hereinafter referred to as the "buyer") through the seller's online store. The internet shop is operated by the seller on the website located at the internet address www.melnick.cz (hereinafter referred to as the "website"), via the website interface (hereinafter referred to as the "shop web interface").
1.2. The business conditions do not apply to cases where the person who intends to purchase goods from the seller is a legal entity or a person who acts when ordering goods in the framework of business activities or in the course of their independent profession.
1.3. Provisions deviating from the business conditions can be agreed in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the terms and conditions.
1.4. The provisions of the terms and conditions are an integral part of the purchase agreement. The purchase contract and business conditions are drawn up in the Czech language. The purchase contract can be concluded in Czech.
1.5. The wording of the terms and conditions may be changed or supplemented by the seller. This provision does not affect the rights and obligations arising during the period of validity 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 its user interface. From its user interface, the buyer can order goods (hereinafter referred to as "user account"). If the web interface of the store allows it, the buyer can also order goods without registration directly from the web interface of the store.
2.2. When registering on the website and when ordering goods, the buyer is obliged to state all data correctly and truthfully. The buyer is obliged to update the data specified in the user account whenever they 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 username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access the user's 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 5 years, or if the buyer violates its obligations under the purchase agreement (including business conditions).
2.6. The buyer acknowledges that the user account may not be available around the clock, especially with regard to the necessary maintenance of hardware and software equipment of the seller, or the necessary maintenance of hardware and software equipment of third parties.
2.7 Protection of personal data
The administrator of personal data provided for the purpose of fulfilling the subject of the contract is the seller.
2.8 Purpose of processing, scope of personal data and legal basis for processing
The buyer acknowledges that for the purposes of conclusion of the purchase contract, its subsequent fulfillment (order processing, ensuring removal and delivery of goods) and possible settlement of rights from defective performance (complaints) the administrator will process and store in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council, the General Data Protection Regulation (GDPR), his personal data in as follows: name, surname, address, e-mail, telephone number and payment details (in the case of a prepaid order or payment to a bank account).
The legal basis for the processing of personal data is in in accordance with Article 6 (1) (a) b) GDPR performance of the contract to which the buyer is a party.
2.9 Categories of recipients / recipients of personal data
The administrator undertakes not to provide the buyer's personal data to entities other than the following processors:
and) carriers, for the purpose of delivery of the goods, the data being provided in as follows: name, surname, address, e-mail, telephone number;
2.10 Storage time
Personal data will be stored by the administrator for the time necessary to fulfill the contract (order processing, removal and delivery of goods) and also for the statutory warranty (24 months from receipt of the goods) or for the duration of the provided contractual guarantee.
FOR VAT PAYERS:
The buyer also acknowledges that the administrator has according to § 35 of the Tax Act value added (No. 235/2004 Coll.), the obligation to keep tax documents for a period of 10 years from the end of the tax period in which the performance took place (ie if you buy goods in during 2018, the invoice must be kept until the end of 2028). The tax document contains the following personal data: name, surname and address, telephone number, email, ID number, VAT number.
2.11 Buyer's rights in relation to personal data
The Buyer further acknowledges that according to Articles 15 to 21 of the GDPR, he has the right to:
and) to access personal data consisting of the right to obtain confirmation from the controller as to whether or not the personal data concerning him are being processed and, if so, to have access to that personal data and information defined in Article 15 of the GDPR;
b) to correct inaccurate personal data concerning him, further taking into account the purposes of processing, the buyer has the right to supplement incomplete personal data, including by providing an additional statement according to Article 16 of the GDPR;
C) to erasure ("right to be forgotten"), which consists in that the controller deletes without undue delay the personal data concerning the buyer as soon as they are no longer needed for the purposes of performance of the contract, unless there is another legitimate reason for their further processing;
d) to limit the processing of personal data in cases defined in Article 18 of the GDPR;
E) on data portability under the terms of Article 20 of the GDPR;
F) raise an objection to the processing of personal data pursuant to Article 21 of the GDPR.
The administrator will provide the buyer upon request with information on the measures taken in in any case no later than 20 days after receipt of the request.
In case of doubts about the processing of personal data, the buyer has the right to contact the Office for Personal Data Protection, which is the supervisory authority in this area, and file him a complaint.
The administrator will allow the purchase without registration, while the data of unregistered buyers will be used exclusively for the performance of the subject of the contract, not for marketing or business purposes.
3. CONCLUSION OF THE PURCHASE AGREEMENT
3.1. All presentation of goods placed in the web interface of the store is of an informative nature and the seller is not obliged to enter into a purchase agreement regarding these goods. The provisions of § 1732 para. 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 individual goods and the cost of returning the goods, if these goods cannot, by their nature, be returned by ordinary mail. The prices of goods are listed including value added tax and all related fees. The prices of the 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 enter into a purchase agreement under individually agreed conditions.
3.3. The web interface of the store also contains information on the costs associated with the packaging and delivery of goods. The information on costs associated with the packaging and delivery of goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the buyer fills in the order form in the web interface of the store. The order form contains in particular information about:
3.4.1. the ordered goods (the ordered goods are "inserted" by the buyer into the electronic shopping cart of the web interface of the store),
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 goods (hereinafter collectively referred to as "order").
3.5. Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, even with regard to the buyer's ability to detect and correct errors made when entering data into the order. The buyer sends the order to the seller by clicking on the "Order" button. The data listed in the order they are deemed correct by the seller. Immediately after receiving the order, the Seller will confirm this receipt to the Buyer by e-mail to the e-mailer's address specified in the user account or in the order (hereinafter referred to as the "Buyer's e-mail address").
3.6. The seller is always entitled, depending on the nature of the order (quantity of goods, purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.7. The contractual relationship between the seller and the buyer arises from the 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 communication at a distance when concluding the purchase contract. The costs incurred by the buyer in the use of means of distance communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND PAYMENT TERMS
4.1. The buyer may pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract in the following ways: in cash, cash on delivery at the place specified by the buyer in the order; cashless transfer to the seller's account No. 2600255591/2010, kept at Fio banka, as (hereinafter referred to as the "seller's account");
4.2. Along with the purchase price, the buyer is obliged to pay the seller 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 a deposit or other similar payment from the buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.
4.4. In the case of payment in cash or in the case of payment on delivery, the purchase price is payable upon receipt of the goods. In the case of non-cash payment, the purchase price is payable within 5 days of concluding the purchase contract.
4.5. In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash 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. The seller is entitled, especially in the event that the buyer does not provide additional confirmation of the order (Article 3.6), to demand payment of the full purchase price before sending the goods to the buyer. 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 with each other.
4.8. If this is customary in business relations or if so 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 payer of value added tax. The tax document - invoice will be issued by the seller to the buyer after payment of the price of the goods and will be sent in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
5.1. The buyer acknowledges that according to the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the purchase contract for the supply of goods that have been modified according to the buyer's wishes or for him, from the purchase contract for the delivery of perishable goods such as goods, which has been irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in sealed packaging, which the consumer has removed from the packaging and cannot be returned for hygienic reasons, and from the purchase contract for delivery of audio or video recording or computer program if he broke their original packaging .
5.2. If this is not the case referred to in Art. 5.1 or another case where it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, within fourteen (14) days of receipt of the goods. there are 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 purchase contract must be sent to the seller within the period specified in the previous sentence. Withdrawal from the purchase contract can be sent by the buyer to the address of the establishment (Korunní 56/909, 709 00 Ostrava) of the seller or to the seller's e-mail address info@melnick.cz.
5.3. In the event of withdrawal from the purchase agreement pursuant to Article 5.2 of the Terms and Conditions, the purchase agreement is canceled from the beginning. The goods must be returned to the seller within five (5) days of the withdrawal of the contract to the seller. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller, even if the goods can not be returned due to their nature by regular mail.
5.4. In the event of withdrawal from the contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same way as the seller received from the buyer. The seller is also entitled to return the performance provided by the buyer when returning the goods to the buyer or otherwise, if the buyer agrees and the buyer does not incur additional costs. the buyer returns the goods or proves that he sent the goods to the seller.
5.5. The seller is entitled to unilaterally set off the claim for compensation for damage to the goods against the buyer's claim for a refund of the purchase price.
5.6. Until the goods are taken over by the buyer, the seller is entitled to withdraw from the purchase contract at any time. In such a case, the seller will return the purchase price to the buyer without undue delay, cashless 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 on the condition that if the buyer withdraws from the purchase contract, the gift contract for such a gift loses its effect and the buyer is obliged to return gift.
6. TRANSPORTATION AND DELIVERY OF GOODS
6.1. If the mode of transport is contracted on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged under the purchase contract to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery.
6.3. In the event that for reasons on the part of the buyer it is necessary to deliver the goods repeatedly or in another way than stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively. costs associated with another method of delivery.
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 immediately notify the carrier. In the case of finding a violation of the packaging indicating unauthorized entry into the consignment, the buyer does not have to accept the consignment from the shipment.
6.5. Other rights and obligations of the parties in the transport of goods may be regulated by the special delivery conditions of the seller, if issued by the seller.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
7.1. The rights and obligations of the contracting parties regarding the rights arising from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
7.2. The seller responds to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, have the characteristics described or expected by the buyer or manufacturer, having regard to the nature of the goods and the advertising made by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or model, if the quality or design was determined according to the agreed sample or model,
7.2.4. the goods are in the appropriate quantity, measure or weight; and
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions of Article 7.2 of the Terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear the buyer or if it follows from the nature of the goods.
7.4. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods period of twenty-four months from receipt.
7.5. The rights arising from defective performance are exercised by the buyer with the seller at the address of his establishment, where the acceptance of the complaint is possible with regard to the range of goods sold. The moment of claim is considered to be the moment when the seller received the claimed goods from the buyer.
7.6. Other rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
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 buyer, the seller is not bound by any codes of conduct in the sense of the provisions of § 1826 par. e) of the Civil Code.
8.3. The out-of-court settlement of consumer complaints is provided by the seller via the electronic address info@melnick.cz. The seller will send information about the settlement of the buyer's complaint to the buyer's electronic address.
8.4. The seller is entitled to sell goods on the basis of a trade license. The trade license control is performed by the relevant trade licensing office within its competence. The Office for Personal Data Protection supervises the areas of personal data protection. The Czech Trade Inspection Authority, to a limited extent, supervises compliance with the Code. 634/1992 Coll., On consumer protection, as amended.
8.5. The buyer hereby assumes the risk of a change of circumstances in the sense of § 1765 paragraph 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
9.1. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., On the protection of personal data, as amended.
9.2. The buyer agrees to the processing of the following personal data: name and surname, residential address, identification number, tax identification number, e-mail address, telephone number (hereinafter collectively referred to as "personal data").
9.3. The buyer agrees to the processing of personal data by the seller, for the purposes of exercising the rights and obligations under the purchase agreement and for the purposes of maintaining a user account. Unless the buyer chooses another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business messages to the buyer. Consent to the processing of personal data to the full extent of this article is not a condition that would in itself preclude the conclusion of a purchase agreement.
9.4. The buyer acknowledges that he is obliged to state his personal data (during registration, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the seller without undue delay about the change in his personal data.
9.5. The seller may authorize a third party to process the buyer's personal data as a processor. Apart from the persons transporting the goods, personal data will not be passed on to third parties by the seller without the prior consent of the buyer.
9.6. Personal data will be processed indefinitely. Personal data will be processed in electronic form in an automated manner or in printed form in a non-automated manner.
9.7. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.
9.8. In the event that the buyer believes that the seller or processor (Article 9.5) performs the processing of his personal data, which is contrary to the protection of private and personal life of the buyer or contrary to law, especially if the personal data are inaccurate with respect to the purpose their processing, may:
9.8.1. ask the seller or processor for an explanation,
9.8.2. require the seller or processor to remedy the situation thus created.
9.9. If the buyer requests information about the processing of his personal data, the seller is obliged to provide this information. The seller has the right to demand a reasonable payment for the provision of information according to the previous sentence, not exceeding the costs necessary for the provision of information.
10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES
10.1. The buyer agrees to the sending of information related to the goods, services or business of the seller to the electronic address of the buyer and further agrees to the sending of commercial communications by the seller to the electronic address of the buyer.
10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make a purchase on the website and fulfill the seller's obligations under the purchase agreement without storing so-called cookies on the buyer's computer, the buyer may revoke the consent under the previous sentence at any time.
11. DELIVERY
11.1. It can be delivered to the buyer to the buyer's email address.
12. FINAL PROVISIONS
12.1. If the relationship established by the purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legislation.
12.2. If any provision of the Terms and Conditions is or becomes invalid or ineffective, the invalid provision will 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 business conditions, is archived by the seller in electronic form and is not accessible.
12.4. Seller's contact details: delivery address MELNICK KOB, sro Nábřežní 491, 735 42 Těrlicko, e-mail address kratka@melnick.cz, telephone +420 603 338 162.
In Těrlicko, on 1.1.2018
The team of MELNICK KOB, sro - zip carpets