Menu

GENERAL TERMS AND CONDITIONS

SHOK. CZ
Self-employed tradesman Václav Skopek with registered office: Pobialova 799/15, 70200, Ostrava, Identification number: 07258909 entered in the Trade Register kept by the City of Ostrava for the sale of goods through an online store located at the internet address www.shok.cz

1. INTRODUCTORY PROVISIONS

1.1. These business terms and conditions (hereinafter referred to as “business conditions“) of Václav Skopek (hereinafter referred to as the “Seller”) regulate in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter the “Civil Code”) mutual rights and obligations of the contracting parties arising in connection or on the basis of a purchase contract (hereinafter referred to as the “purchase contract”) concluded between the seller and another person (hereinafter referred to as the “buyer”) through the seller’s online store. The internet shop is operated by the seller on a website located at the internet address www.shok.cz (hereinafter referred to as the “sellers website“), through the interface of the sellers website (hereinafter referred to as the “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 in the course of their business or in the course of their independent profession when ordering goods.

1.3. Provisions deviating from the business conditions can be agreed on in the purchase contract. Deviating provisions in the purchase contract take precedence over the provisions of the business conditions.

1.4. The provisions of the business conditions are an integral part of the purchase contract. The purchase contract and business conditions are drawn up in English. The purchase contract can be concluded in English.

1.5. The wording of the business conditions may be changed or updated by the seller. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the business conditions.

1.6 The seller sells mainly knives and cutlery products and does not take responsibility for improper use and injuries caused by carelessness of the buyer. The buyer is aware that he is buying a sharpened tool and will handle it properly.

1.7 With each purchased goods the buyer receives instructions for the maintenance of the knife and the buyer understands that these instructions must be followed to maximize the knife’s longevity.

2. USER ACCOUNT

2.1. Upon buyer’s registration made on the web interface, the buyer can access its user interface. From its user interface (hereinafter referred to as “user account“) the buyer can order goods. 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 web interface 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 in the event of any change. The data provided by the buyer in the user account and when ordering goods are considered accurate 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 let the use of the user account third parties.

2.5. The seller may cancel the user account, especially if the buyer does not use his user account for more than 12 months, or if the buyer violates his obligations under the purchase contract (including the business conditions).

2.6. The buyer acknowledges that the user account may always not be available, especially due to the necessary maintenance of hardware and software equipment of the seller, or necessary maintenance of third-party hardware and software.


3. CONCLUSION OF THE PURCHASE CONTRACT

3.1. All presentation of goods placed on the web interface an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 para. 2 of the Civil Code shall not apply.

3.2. The web interface contains information about the goods, including the prices of individual goods. The prices of the goods remain valid as long as they are displayed on the web interface. This provision does not limit the seller’s ability to conclude a purchase contract under individually agreed conditions.

3.3. The seller’s website also contains information on the costs associated with the packaging and delivery of goods. The specific price of packaging and postage depends on the weight of the package and the customer is informed about the price prior to completing the order.

3.4. To order goods the buyer fills in the order form on the web interface. The order form contains information about:

3.4.1. the ordered goods (the buyer “inserts” the ordered goods into the electronic shopping cart on the web interface),

3.4.2. the payment method of the purchase price of the goods, information on the required delivery method 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. The buyer can check and change the data entered in the order prior to sending the order to the seller. The buyer sends the order to the seller by clicking the “Complete order” button. The data listed in the order are considered accurate by the seller. Immediately upon receiving the order, the Seller will confirm this receipt to the Buyer by sending a message 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. With respect to 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 (for example, in writing or by telephone).

3.7. The contractual relationship between the seller and the buyer is established by the delivery of the order confirmation which is sent by the seller to the buyer’s e-mail address.

3.8. The buyer agrees to use means of remote communication when concluding the purchase contract. The costs incurred to the buyer in the use of means of remote communication in connection with the conclusion of the purchase contract (costs of internet connection, costs of telephone calls) shall be borne by the buyer themselves, and these costs do not differ from the basic rate.

3.9 By placing an order, the buyer agrees to these business conditions, an integral part of which is the Withdrawal from the purchase contract (points 5 and 7) and the Privacy Policy (point 9).

4. PRICE OF GOODS AND PAYMENT TERMS

4.1. Payment of the price of the goods and any costs associated with the delivery of goods under the purchase contract, can be carried out in the following ways:

• cashless transfer to the seller’s bank account specified on the invoice (hereinafter referred to as the “seller’s bank account“)

• cashless via the PayU payment system


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 purchase price is payable within 3 working days from the conclusion of the purchase contract, and the agreed amount must be credited to the bank account of the seller.

4.4. The buyer is obliged to mark the payment of the goods with variable payment symbol.


4.5. Any discounts to the price of goods provided by the seller to the buyer cannot be combined.


4.6. As customary in business relations or as stipulated by generally binding legal regulations, the seller shall issue a proof of payment – an invoice – to the buyer summarizing payments made based on the purchase contract. The seller is not a VAT payer. The invoice is issued by the seller after the payment of the price of the goods is received and is then sent in electronic form to the buyer’s e-mail address.

5. WITHDRAWAL FROM THE PURCHASE CONTRACT

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 related to goods which was modified specifically according to the wishes of the buyer or for his person.

5.2. Unless it’s a case referred to in Article 5.1 of the business conditions 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 § 1829 paragraph 1 of the Civil Code, within fourteen (14 ) days from the receipt of the goods, and in the event that 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 purchase contract must be sent to the seller’s e-mail address admin@shok.cz within the period specified in the previous sentence.

5.3. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the business conditions, the purchase contract is cancelled from the beginning. The buyer must return the goods to the seller within fourteen (14) days from the delivery of the withdrawal from the purchase contract to the seller. The buyer must send the shipment by registered mail to the address: Václav Skopek, Pobialova 799/15, 70200 Ostrava, Czech Republic. Goods sent back to the seller C.O.D. (cash on delivery) will not be accepted. If the buyer withdraws from the purchase contract, the buyer bears the costs associated with returning the goods to the seller.

5.4. In the event of withdrawal from the purchase contract pursuant to Article 5.2 of the Terms and Conditions, the seller will return the funds received from the buyer for the goods within fourteen (14) days of physical acceptance of the returned goods by the seller. The funds will be returned in the same way as the seller received them from the buyer.

5.5. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer’s claim for a refund of the purchase price. The goods must not show signs of wear and damage, they must be in perfect condition.

5.6. In cases where the buyer has the right to withdraw from the purchase contract in accordance with the provisions of § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time, until the goods are received by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, non-cash to the bank 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 untying 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 the gift to the seller together with the goods.

5.8. In case of non-compliance with the maintenance instructions, the natural properties of the materials cannot be claimed, in this case it is mainly the corrosion of carbon steels and the natural properties of wood.

6. TRANSPORTATION AND DELIVERY OF GOODS

6.1. If the mode of transport is contracted based on buyer’s special request, the buyer bears the risk and any additional costs associated with this mode of transport.

6.2. If, according to the purchase contract, the seller is obliged 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 specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of goods, respectively.

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 shipment, the buyer does not have to take over the shipment from the carrier. This does not affect the buyer’s rights from liability for defects in the goods and other rights of the buyer arising from generally binding legal regulations.

6.5. Other rights and obligations of the parties regarding the transport of goods may be governed by the special delivery conditions, 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 § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., On consumer protection, as amended).

7.2. The seller guarantees to the buyer that the goods are free of defects upon delivery. In particular, the seller guarantees to the buyer that at the time of the buyer taking over the goods:

7.2.1. the goods have the characteristics agreed upon by the parties and, in the absence of an agreement, the characteristics described by the seller or manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of the advertising made by them,

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 correspond in quality or design to the contracted sample or model, if the quality or design was determined according to the contracted 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. If the defect becomes apparent within six months of receipt, the goods are deemed to have been defective at the time of receipt.

7.4. The seller has obligations from defective performance at least to the extent that the obligations from defective performance of the manufacturer persist. The buyer is otherwise entitled to exercise the right from a defect that occurs in consumer goods within twenty-four (24) months of receipt. If, in accordance with other legislation, the period for which the goods can be used is indicated on the goods sold, on their packaging, in the instructions attached to the goods or in advertising, the provisions on the quality guarantee shall apply. By guaranteeing the quality, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period or that they will retain their usual properties. In case the buyer has rightly criticized the seller for the defect of the goods, the period for exercising the rights arising from the defective performance or the warranty period does not run for the period during which the buyer cannot use the defective goods.

7.5. The provisions set out in Article 7.2 of the business conditions shall not apply to a defect for which a lower price of the goods was agreed, to wear and tear caused by its normal use, in case of used goods to a defect corresponding to the degree of use or wear of the goods at the time of receipt by the buyer, or if it follows from the nature of the goods. Buyer’s right from defective performance does not apply if the buyer knew the goods have a defect before taking it over, or if the buyer himself caused the defect.

7.6. The rights from the liability for defects of the goods are applied to the seller. The seller is obliged to issue a written confirmation to the buyer about the time the buyer exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires; and a confirmation of the date and manner of handling the complaint, including information about the repair and its duration, or a written justification for rejecting the complaint. This obligation also applies to other persons designated by the seller to perform the repair.

7.7. The buyer can exercise the rights from liability for defects of the goods at the seller’s address or first by e-mail at admin@shok.cz and agree on the further procedure.

7.8. The buyer shall inform the seller about which right he has chosen upon notification of the defect or without undue delay after notification of the defect. The buyer cannot change the choice made without the consent of the seller; this does not apply if the buyer has requested the repair of a defect which proves to be irreparable.

7.9. If the goods do not have the properties specified in Article 7.2 of the business conditions, the buyer may require delivery of new goods without defects, if this is not disproportionate due to the nature of the defect. If the defect concerns only a part of the goods, the buyer may only request replacement of the part. If none of the above is possible the buyer may withdraw from the contract. However, if it is disproportionate due to the nature of the defect, especially if the defect can be removed without undue delay, the buyer has the right to free removal of the defect. The buyer has the right to new goods or parts replacement even in the case of a repairable defect, if they cannot use the goods properly due to the recurrence of the defect after repair or due to a larger number of defects. In this case, the buyer also has the right to withdraw from the contract. If the buyer does not withdraw from the contract or does not exercise the right to deliver new goods without defects, to replace its parts or to repair the goods, they may request a reasonable discount. The buyer is entitled to a reasonable discount even in the case the seller in unable to deliver new goods without defects, replace its part or repair the goods, as well as if the seller does not arrange a redress within a reasonable time or if arranging a redress would cause significant difficulties to the buyer.

7.10. 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. 1 let. e) of the Civil Code.

8.3. The handling of consumer complaints is provided by the seller via the electronic address admin@shok(dot)cz (replace dot .). The seller will send information on the settlement of the buyer’s complaint to the buyer’s e-mail address.

8.4. The Czech Trade Inspection Authority, with its registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, Internet address: https://adr.coi.cz/cs, is responsible for the out-of-court settlement of consumer disputes arising from the purchase contract. The online dispute resolution platform at http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer under the purchase contract.

8.5. European Consumer Center Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, Internet address: http://www.evropskyspotrebitel.cz is a contact point pursuant to Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution and amending Regulation (EC) No 2006/2004 and Directive 2009/22 / EC (the Online Consumer Dispute Resolution Regulation).

8.6. The seller is entitled to sell goods based on a trade license. Trade licensing is carried out within the scope of its competence by the relevant trade licensing office. The Office for Personal Data Protection supervises the area of personal data protection. To a limited extent, the Czech Trade Inspection Authority also supervises compliance with Act No. 634/1992 Coll., On Consumer Protection, as amended.

8.7. The buyer hereby assumes the risk of a change of circumstances in the meaning of § 1765 paragraph 2 of the Civil Code.

9. PROTECTION OF PERSONAL DATA

9.1. The obligation to provide information to the buyer within the meaning of Article 13 of Regulation 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 and repealing Directive 95/46 / EC (General Data Protection Regulation) ( hereinafter referred to as the “GDPR Regulation”) related to the processing of the buyer’s personal data for the purposes of fulfilling the purchase contract, for the purposes of negotiating the purchase contract and for the purposes of fulfilling the public law obligations of the seller, is fulfilled by the seller by means of a special document.

10. SENDING COMMERCIAL MESSAGES AND STORING COOKIES

10.1. Pursuant to the provisions of Section 7, Paragraph 2 of Act No. 480/2004 Coll., On Certain Information Society Services and on Amendments to Certain Acts (Act on Certain Information Society Services), as amended, the Buyer agrees to receive commercial messages by the Seller to an electronic address or telephone number of the buyer. The seller fulfils his information obligation towards the buyer within the meaning of Article 13 of the GDPR Regulation related to the processing of the buyer’s personal data for the purpose of sending commercial messages by means of a special document.

10.2. The buyer agrees to the storage of so-called cookies on his computer. If it is possible to make the purchase on the website and fulfil the seller’s obligations under the purchase contract without storing so-called cookies on the buyer’s computer, the buyer may revoke the consent under the previous sentence at any time.

11. FINAL PROVISIONS


11.1. If the relationship established by the purchase contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law. The choice of law under the previous sentence does not deprive the buyer-consumer of the protection afforded to him by the provisions of the law which cannot be derogated from by contract and which would otherwise apply under Article 6 (1) of Regulation Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).


11.2. If any provision of the business 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.


11.3. The purchase contract, including business conditions, is archived by the seller in electronic form and is not accessible.


11.4 Contact details of the seller: Pobialova 799/15, Ostrava, 70200 Czech Republic, e-mail address admin{atsign}shok.cz (replace at sign @).

In Ostrava on January 1, 2020