Terms and conditions

Kamil Hanuljak

with its registered office at: Dědická 901/9, Brno – Slatina, Postal code: 62700

company registration No: 75420716

registered with the Commercial Register kept by the Brno City Municipality

for the sale of goods through the online store website hanuljak.com

bank details: bank, account number: 43-7571260297/0100

 

  1. PREAMBLE

 

1.1.      These Terms and Conditions (hereinafter referred to as “Terms”) of the company Kamil Hanuljak, with its registered office at Dědická 901/9, Brno – Slatina, Postal code 62700, company registration number: 75420716, registered with the Commercial Register kept by the Brno City Municipality (hereinafter referred to as the “Seller”) govern, in accordance with the provisions of Section 1751(1) of Act No 89/2012 Sb., the Civil Code, as amended (hereinafter referred to as the “Civil Code”), mutual rights and obligations of the contractual parties arising in connection with or on the basis of the purchase agreement (hereinafter referred to as the “Purchase Agreement”) concluded between the Seller and a different natural person (hereinafter referred to as the “Buyer”) through the online store of the Seller.  The Seller operates the online store on the web address LINK (hereinafter referred to as the “Website”) by means of a web interface (hereinafter referred to as the “Web interface of the store”).

 

1.2.      Provisions derogating from these Terms can be stipulated in the Purchase Agreement. Derogating provisions stipulated in the Purchase Agreement shall take precedence over the provisions of the Terms.

 

1.3.      These Terms are intended primarily for the purchase of goods made on the online store.

 

1.4.      The Seller has the right to modify and amend the Terms. This provision shall not affect the rights and obligations that arose during the effective period of the previous version of the Terms.

 

  1. CONCLUDING THE PURCHASE AGREEMENT

 

2.1.      All the presentation published on the Web interface of the store is of an informative nature and the Seller is not obliged to conclude a Purchase Agreement regarding these goods. The provisions under Section 1732 (2) of the Civil Code shall not be applied.

 

2.2.      The Web interface of the store contains information about the goods, including the price of the goods and the costs related to the return of goods that cannot be returned by means of traditional postal services. The prices of goods include VAT as well as all relevant fees. The prices of goods remain valid for as long as they are displayed on the Web interface of the store. This provision shall not restrict the right of the Seller to conclude a Purchase Agreement under individually negotiated terms.

 

2.3.      In addition, the Web interface of the store includes information on the costs related to the packaging and delivery of the goods. Information about the costs related to the packaging and delivery of the goods shall be applicable only in case the goods are delivered within the territory of the Czech Republic.

 

2.4.      To order goods, the Buyer shall fill the order form in the Web interface of the store. The order form contains in particular information on the:

 

2.4.1.   ordered goods (the Buyer “adds” the ordered goods in the digital shopping cart of the Web interface of the store),

 

2.4.2.   method used to pay the purchase price of the goods and details about the delivery method of the goods and

 

  1. 4. 3. information on the costs related to the delivery of the goods (together referred to as “Order”).

 

2.5.      Before sending the Order to the Seller, the Buyer may review and modify the details entered by the Buyer in the Order, in order to check and rectify any errors that were made when entering the details in the order.

 

2.6.      To send the Order to the Seller, the Buyer shall click on the button “Place an order”. The details on the order are considered by the Seller to be correct.

 

2.7.      The Seller shall send, without delay, an e-mail confirmation about the receipt of the Order to the e-mail address of the Buyer specified in the user account or in the Order (hereinafter referred to as “e-mail address of the Buyer”).

 

2.8.      Depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs), the Seller shall always have the right to ask the Buyer to provide additional confirmation of the Order (for example in writing or by telephone).

 

2.9.      The contractual relationship between the Seller and the Buyer comes into effect upon the receipt of the Order acceptance, which is provided by the Seller to the Buyer via e-mail to the e-mail address of the Buyer.

 

2.10.    The Buyer agrees to the use of means of distance communication in concluding the Purchase Agreement.  The Buyer shall bear the costs incurred by him as a result of using the means of distance communication while concluding the Purchase Agreement (internet connection costs and telephone costs), whereas these costs are not different from the standard rates.

 

2.11.    The Seller has the right to withdraw from the Purchase Agreement at any time before the goods are taken over by the Buyer. In such case, the Seller shall reimburse the purchase price to the Buyer without undue delay by means of a wire transfer on the account specified by the Buyer or, alternatively, by means of a postal order.

 

 

  1. PAYMENT AND DELIVERY CONDITIONS

 

3.1.      The Buyer may choose the price of the goods and the delivery costs under the Purchase Agreement from the relevant options. Before sending the order, the Buyer shall always be reminded of the payment method, delivery method and related costs that were chosen.

 

3.2.      Currently available payment methods and delivery methods with respective costs can be found here.

 

3.3.      Together with the purchase price, the Buyer shall also pay to the Seller the costs related to the packaging and delivery of goods in the agreed amounts. Unless expressly stated otherwise, the purchase price is deemed to include the costs related to the delivery of goods as well.

 

3.4.      The Seller has the right to require the payment of the whole purchase price before the goods are shipped to the Buyer, in particular when the Buyer fails to provide additional order confirmation (Article 3.6). The provisions under Section 2119 (1) of the Civil Code shall not be applied.

 

3.5.      Any discounts on the price of the goods given by the Seller to the Buyer cannot be combined with one another.

 

3.6.      Once the purchase price is paid by the Buyer, the Seller shall provide the Buyer with an electronic version of the invoice – a tax document – by sending it to the e-mail address of the Buyer.

 

3.7.      If the Buyer specifically requests certain shipping method, the risks and any costs related to such shipping method shall be borne by the Buyer.

 

3.8.      If the Purchase Agreement states that the Seller shall deliver the goods to a location specified by the Buyer in the Order, the Buyer must take over the goods upon delivery.

 

3.9.      If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the Order, the Buyer is obliged to cover the costs associated with the repeated delivery of the goods, and/or the costs associated with the other means of delivery.

 

3.10.    Upon takeover of goods from the carrier, the Buyer must check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier of the defects without undue delay. In the event of a breach of the packaging, indicating unauthorised entry into the consignment, the Buyer is not required to take over the consignment from the carrier. This is without prejudice to the Buyer’s rights arising from defective goods and other generally binding legal regulations.

 

3.11.    Other rights and obligations of the contractual parties regarding the transport of goods may be governed by the Seller’s special delivery terms, if such were issued by the Seller.

 

 

  1. WITHDRAWAL FROM THE PURCHASE AGREEMENT

 

4.1.      The Buyer have, in accordance with the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Agreement within 14 days of the takeover of goods. In the case of several types of goods or delivery of several parts, this period shall run from the date of the last delivery of the goods.

 

4.2.      To withdraw from the Purchase Agreement, the Buyer shall send a notice of withdrawal from the Purchase Agreement to the Seller’s e-mail address info@hanuljak.com within the time limit specified in the previous clause. To withdraw from the Purchase Agreement, the Buyer shall specify his name, order number and the date on which the order was sent.

 

4.3.      The Buyer shall return the goods to the Seller within 14 (fourteen) days from the time the notice of withdrawal from the Purchase Agreement was delivered to the Seller. If the Buyer withdraws from the Purchase Agreement, the costs of returning the goods to the Seller shall be borne by the Buyer, even if the nature of the goods means that they cannot be returned by the usual postal means.

 

4.4.      In case of withdrawal from the Purchase Agreement under the Terms, the Seller shall return the funds received from the Buyer within 14 (fourteen) days of withdrawal from the Purchase Agreement in the same manner in which the Seller received them from the Buyer. The Seller is also entitled to return the funds provided by the Buyer already upon return of the goods by the Buyer or otherwise, provided the Buyer agrees with it and no additional costs are incurred by the Buyer. If the Buyer withdraws from the Purchase Agreement, the Seller is not obliged to return the received funds to the Buyer before the Buyer returns the goods or proves that he already sent the goods to the Seller.

 

4.5.      The Seller is entitled to unilaterally settle a claim for damages against the Buyer’s claim for the return of the purchase price.

 

4.6.      In cases where the Buyer has, under the provisions of Section 1829 (1) of the Civil Code, the right to withdraw from the Purchase Agreement, the Seller is also entitled to withdraw from the Purchase Agreement at any time until the Buyer takes over the goods. In such case, the Seller shall reimburse the purchase price to the Buyer without undue delay, by means of a wire transfer on the account specified by the Buyer.

 

4.7.      If a gift is provided to the Buyer along with the goods, it is deemed as a conclusion of a gift agreement between the Seller and the Buyer, on condition that, if the Buyer withdraws from the Purchase Agreement, the gift agreement shall expire and the Buyer shall be return the goods along with the gift provided by the Seller.

 

4.8.      The Buyer notes that, under Section 1837 of the Civil Code, it is not possible, inter alia, to withdraw from a Purchase Agreement concerning goods that were customized according to special requests.  In accordance with the legal regulations, the Buyer is furthermore responsible for any decrease in the value of goods caused by treating the goods in any other way than is necessary to familiarize with the nature, characteristics and functioning of the goods.

 

 

  1. RESPONSIBILITY FOR DEFECTS, WARRANTY

 

5.1.      The rights and obligations of the contractual parties regarding rights in the event of defective performance are governed by the applicable generally binding statutory regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code and the Consumer Protection Act 634/1992 Sb., as amended).

 

5.2.      The Seller is responsible to the Buyer for ensuring that the goods are free of defects upon delivery. In particular, the Seller is liable to the Buyer to ensure that, at the time when the Buyer takes over the goods:

 

5.2.1.   the goods have the properties agreed upon by the contractual parties, and if no agreement is in place, the goods shall have the properties as described by the Seller or the manufacturer, or properties that the Buyer expected based on the nature of the goods and on what was implied in the advertisement,

 

5.2.2.   the goods are suitable for the purpose specified by the Seller or for the usual purpose for this type of goods,

 

5.2.3.   the quality of goods corresponds to the quality of the agreed sample or model, however. the actual product is handmade which means that each product is unique and may slightly differ from the agreed sample or model (especially the drawings on the blade),

 

5.2.4.   the goods are provided in the appropriate quantity, degree or weight and

 

5.2.5.   the goods are compliant with statutory requirements.

 

5.3.      If a defect manifests within six months of the takeover of goods, the goods are deemed to be defective upon takeover already.

 

5.4.      The obligations of the Seller arising from the defective performance have at least the same extent as the obligations of the manufacturer arising from the defective performance. The Buyer may exercise his right arising from a defect of goods that occurs within 24 months of the takeover of goods. By providing a guarantee for quality, the Seller guarantees that for a certain period of time, the goods shall be eligible for use for usual purpose or that it maintains its usual properties. If the Buyer’s claim regarding the defected goods is justified, the time limit for exercising the right arising from defective performance as well as the warranty period shall be suspended for as long as the Buyer is unable to use the defective goods.

 

5.5.      The provisions of Article 7.4 of the Terms shall not apply to the goods sold at a lower price due to a defect for which the lower price was agreed upon, to the normal wear and tear of the goods, and in case of used goods, to defects that stem from the extent of use and wear and tear of the goods upon takeover of the goods by the Buyer, or if it stems from the nature of the goods. The Buyer shall not have the right arising from defects if he is aware of the defect before the takeover of the goods or in case it is the Buyer who caused the defect.

 

5.6.      The Seller must provide the Buyer with a written confirmation specifying the date when the Buyer exercised his right, the reason of warranty claim and the settlement method required by the Buyer; the Seller is furthermore obliged to provide the Buyer with a written confirmation stating the date of the settlement of the warranty claim and the settlement method used, including the repair certificate along with the details about the duration of the repair, or a written statement explaining the reason why the warranty claim was rejected. This obligation also applies to other individuals who are authorised by the Seller to carry out the repair.

 

5.7.      The Buyer can exercise the rights arising from defect of goods by calling at +420 731 507 871 or sending an e-mail to info@hanuljak.com.

 

5.8.      If the goods don’t have the properties defined in the Article 7.2 of the Terms, the Buyer may request the delivery of new and defect-free goods, provided it is not disproportionate in relation to the nature of the defect, but if the defect concerns only a part of the goods, the Buyer may only request replacement of the defective part; if it is not possible, the Buyer may withdraw from the agreement. However, if it is disproportionate considering the nature of the defect, in particular if the defect can be remedied without undue delay, the Buyer shall be entitled to a free removal of the defect. In addition, the Buyer shall be entitled to the delivery of new non-defective goods even in case of a remediable defect, provided the Buyer cannot use the goods in due manner due to recurring defects following the repair or if there are more defects. In such case, the Buyer is entitled to withdraw from the agreement. If the Buyer does not withdraw from the agreement or if he does not exercise the right to the supply of new non-defective goods, the replacement of their parts or the repair, he may request a reasonable discount. The Buyer has the right to a reasonable discount also if the Seller cannot deliver new non-defective goods or replace its parts or repair the goods, as well as if the Seller fails to remedy the situation within a reasonable time or if the remedy of the situation would cause significant difficulties for the Buyer.

 

5.9.      The person who has the right defined under Section 1923 of the Civil Code is also entitled to refund of the costs incurred specifically while exercising this right. However, if the right for refund is not exercised within one month following the end of the period during which a defect needs to be reported, the court shall not acknowledge the right, in case the Seller objects that the right for refund was not exercised in due time.

 

 

  1. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTUAL PARTIES

 

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

 

6.2.      The Seller is not bound by any codes of conduct in relation to the Buyer in the sense of Section 1826 (1) e) of the Civil Code.

 

6.3.      Consumer complaints are handled by the Seller through the e-mail address info@hanuljak.com. The Seller shall send the Buyer a notice with the result of the Buyer’s claim to the Buyer’s e-mail address.

 

6.4.      The Buyer notes that the software and other components of the Web interface of the store (including photographs of goods) are copyright protected.

 

6.5.      The Seller is authorised to sell the goods based on a trade license. Activities performed on the basis of a trade licence are inspected by the relevant trade licensing office within the limits of its competence. Supervision of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection Authority supervises to a limited extend, inter alia, the observance of the Consumer Protection Act No. 634/1992 Sb., as amended.

 

 

  1. PERSONAL DATA PROTECTION

7.1.      The requirements set out in Article 13 of Regulation (EC) 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 and repealing Directive 95/46 / EC (General Regulation on the protection of personal data) ( hereinafter referred to as the “GDPR Regulation”) relating to the processing of the Buyer’s personal data for the purpose of fulfilling the purchase agreement, for the purposes of negotiations on this agreement and for the fulfilment of the public obligations of the Seller, is fulfilled by the Seller by means of a special document.

 

 

  1. COMMERCIAL MESSAGES AND STORAGE OF COOKIES

 

8.1.      The Buyer agrees, within the meaning of Section 7 (2) of Act No. 480/2004 Sb. On Certain Information Society Services and on Amendments to Certain Acts (the Act on Certain Information Society Services), as amended, with the Seller sending commercial communications to the Buyer’s e-mail address or his phone number. The information obligation towards the Buyer, within the meaning of Article 13 of the GDPR, related to the processing of Buyer’s personal data for the purpose of sending commercial communications, is fulfilled by the Seller by means of a special document.

 

8.2.      Buyer agrees with the storage of cookies on his computer. In case it is possible to make the purchase on the Website and the Seller may fulfil the obligations under the Purchase Agreement without the cookies being stored on the Buyer’s computer, the Buyer may withdraw his consent under the previous sentence at any time.

 

  1. DELIVERY

 

9.1.      Deliveries may be made to the Buyer’s e-mail address.

 

 

  1. FINAL PROVISIONS

 

10.1.    If the relationship based on the Purchase Agreement contains an international (foreign) element, then the contractual parties agree that the relationship shall be governed by Czech law. The choice of jurisdiction under previous sentence does not deprive the consumer of the protection afforded to him by the provisions of the legal code, from which the agreement may not deviate and which, in the absence of choice of law, he would otherwise exercise under Art. 6 (1) of 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).

 

10.2.    The Czech Trade Inspection Authority with its registered office at Štěpánská 567/15, 120 00 Praha 2, IČ: 000 20 869, web address https://adr.coi.cz/cs ensures extrajudicial settlements of consumer disputes. The disputes between the Seller and the Buyer arising from the Purchase Agreement may be handled with the help of the online platform at http://ec.europa.eu/consumer/odr.

 

10.3.    According to 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 ODR), the contact place is the European Consumer Centre with its registered office at Štěpánská 567/15, 120 00 Praha 2, web address http://www.evropskyspotrebitel.cz.

 

10.4.    If any provision of these Terms and Conditions is/becomes invalid or ineffective, 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 is without prejudice to the validity of the other provisions.

 

10.5.    The Purchase Agreement, including the Terms, is archived by the Seller in electronic form and is not accessible.

 

 

10.6.    Contact information of the Seller:

 

delivery address: Dědická 901/9, Brno – Slatina Postal code 62700    

e-mail address: info@hanuljak.com

telephone: +420 731 507 871