Terms and conditions
Terms and conditions of the company Artikon s.r.o., headquarted in Rybniste 128, 40751 Rybniste, Czech Republic, VAT CZ09423168. Registered in the register maintained by the Czech regional court in Usti nad Labem, file C 45762. For orders received from the online shop at www.artikon.cz/en.
1. INTRODUCTION
These terms and conditions (hereinafter referred to as "terms and conditions") of the trading company Artikon s.r.o., (hereinafter referred to as "seller") regulate, in accordance with the provisions of § 1751 paragraph 1 of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or on the basis of the purchase contract (hereinafter referred to as the "purchase contract ") concluded between the seller and buyer through the seller's online store. The online store is operated by the seller on the website located at the internet address www.artikon.cz/en (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").
The business terms and 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, when ordering goods, acts as part of his business activity.
Provisions different from the commercial terms and conditions can be agreed in the purchase contract. Different arrangements in the purchase contract take precedence over the provisions of the terms and conditions.
The terms and conditions are an integral part of the purchase contract. The purchase contract and terms and conditions are stated in the English language. The purchase contract can be concluded in the English language.
The wording of the terms and conditions may be amended or supplemented by the seller. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
2. USER ACCOUNT
Based on the buyer's registration on the website, the buyer can access their user interface. From this user interface, the buyer can order goods (hereinafter referred to as the "user account"). The store also allows the buyer to order goods without registration directly from the web interface of the store.
When registering on the website and when ordering goods, the buyer is obliged to provide correct and true information. The buyer is obliged to update the data given in the user account in case of any changes. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
Access to the user account is secured with a username and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his user account. The buyer is not authorized to allow third parties to use the user account. The seller can cancel the user account, especially if the buyer does not use his user account for more than 1 year, or if the buyer violates his obligations under the purchase contract (including the terms and conditions). The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.
3. CONCLUSION OF THE PURCHASE CONTRACT
All presentation of goods placed on the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of § 1732 paragraph 2 of the Civil Code shall not apply. 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, by their nature, cannot be returned by regular mail. The prices of goods are listed including value added tax and all related fees. Product prices remain valid while displayed on the store's web interface. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions. The store's web interface also contains information about costs associated with packaging and delivery of goods. Information on the costs associated with packaging and delivery of goods listed on the store's web interface only applies to cases where the goods are delivered within the territory of the European Union. To order goods, the buyer fills out the order form on the store's web interface. The order form mainly contains information about: the ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface), the method of payment of the purchase price of the goods, data about the required method of delivery of the ordered goods and information about the costs associated with the delivery of the goods (hereinafter collectively only as "order"). Before sending the order to the seller, the buyer is allowed to check and change the data that the buyer entered in the order, also taking into account the possibility of the buyer to detect and correct errors that occurred when entering data into the order. The buyer sends the order to the seller by clicking the "Send order" button. The data given in the order are considered correct by the seller. Upon receipt of the order, the seller will automatically confirm this received order to the buyer by e-mail, to the buyer's e-mail address specified in the user account or in the order (hereinafter referred to as "buyer's e-mail address"). 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 phone). The contractual relationship between the seller and the buyer is established by the delivery of the acceptance of the order (acceptance), which is sent by the seller to the buyer by e-mail, to the e-mail address of the buyer. The buyer agrees to the use of long-distance means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract (costs of Internet connection, costs of telephone calls) are paid by the buyer himself, and these costs do not differ from the basic rate.
4. PRICE OF GOODS AND TERMS OF PAYMENT
The buyer can pay the price of the goods and any costs associated with the delivery of the goods according to the purchase contract to the seller in the following ways:
- in cash or by card at the seller's branch
- in cash or by card on delivery (only in Czechia and Slovakia)
- by bank transfer to the seller's account: IBAN CZ61 2010 0000 0025 0209 7016, BIC FIOBCZPPXXX, operated by the Fio banka, a.s. (hereinafter referred to as "seller's account")
- by online payment through Comgate gateaway
Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
The seller does not require a deposit or other similar payment from the buyer. This fact does not affect the provision of business conditions regarding the obligation to pay the purchase price of the goods in advance.
In the case of payment in cash or cash 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 14 days from the conclusion of the purchase contract.
In the case of non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the indication of 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.
The seller is entitled, especially if the buyer does not confirm the order additionally, to demand payment of the entire purchase price before sending the goods to the buyer. The provisions of § 2119 paragraph 1 of the Civil Code shall not apply.
Possible discounts on the price of goods provided by the seller to the buyer cannot be combined with each other unless stated otherwise.
If it is customary in business dealings or if generally binding legal regulations so stipulate, the seller will issue a tax document - an invoice - to the buyer regarding the payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document - the invoice is issued by the seller to the buyer after payment of the price of the goods and sent in electronic form to the buyer's electronic address.
5. WITHDRAWAL FROM THE PURCHASE AGREEMENT
The buyer acknowledges that, according to the provisions of § 1837 of the Civil Code, he cannot, among other things, withdraw from the purchase contract for the supply of goods that was modified according to the buyer's wishes or for his person, from the purchase contract for the supply of goods that are subject to rapid deterioration, as well as goods , which was irretrievably mixed with other goods after delivery, from the purchase contract for the delivery of goods in closed packaging, which the consumer removed from the packaging and for hygienic reasons cannot be returned, and from the purchase contract for the delivery of audio or video recordings or computer programs, if he violated them original packaging.
The buyer acknowledges that, among other things, he cannot withdraw from the purchase contract for the delivery of goods that were ordered exclusively at the customer's request. This product is marked with availability "On order".
If it is not a case mentioned in section 1 of the terms and 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 within fourteen (14) calendar days from acceptance of the goods, while in the case that the subject of the purchase contract is several types of goods or the delivery of several parts, this period runs from the date of acceptance 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. To withdraw from the purchase contract, the buyer will prepare the defects that are the reason for the complaint and send them to the seller together with the contact details, the form for withdrawing from the remote purchase contract and the defective goods. Withdrawal from the purchase contract can be sent by the buyer, among other things, to the address of the seller's business at Rybniste 128, 40751 Rybniste, Czech Republic or to the seller's e-mail address english@artikon.cz
In case of withdrawal from the purchase contract according to Article 1 of the terms and conditions, the purchase contract is canceled from the beginning. The goods must be returned to the seller within fourteen (14) calendar days of withdrawal from 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 cannot be returned by the usual postal route due to their nature.
In the case of withdrawal from the contract according to Article 1 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) calendar days from the withdrawal from the purchase contract to the buyer in the same way as the seller received them from the buyer. The seller is also entitled to return the performance provided by the buyer when the goods are returned by the buyer or in another way, if the buyer agrees with this and no additional costs are incurred by the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods to him or proves that he sent the goods to the seller.
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.
In cases where the buyer has the right to withdraw from the purchase contract in accordance with § 1829 paragraph 1 of the Civil Code, the seller is also entitled to withdraw from the purchase contract at any time up to the time of acceptance of the goods by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay in cash to the account designated by the buyer.
If there is a gift along with the goods provided to the buyer, the gift contract between the seller and the buyer is concluded with the severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift becomes ineffective and the buyer is obliged to return the gift to the seller together with the goods.
6. DELIVERY AND GOODS ACCEPTANCE
If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and possible additional costs associated with this method of transport.
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.
If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was stated in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method.
7. RIGHTS FROM DEFECTIVE PERFORMANCE
The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (primarily provisions § 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).
The seller is responsible to the buyer that the goods are free of defects upon receipt. Above all, the seller is responsible to the buyer that at the time the buyer took over the goods:
the goods have the properties agreed upon by the parties and, if not agreed, also have the properties described by the seller or the manufacturer, or which the buyer expected with regard to the nature of the goods and on the basis of the advertising carried out by them,
the goods are suitable for the purpose for which the seller stated them or for the purpose for which goods of this type are usually used,
the quality or design of the goods corresponds to the agreed sample or design, if the quality or design was determined according to the agreed sample or design,
the goods are of adequate quality, quantity, measure or weight
the goods comply with the requirements of legal regulations.
The provisions stated in Article 1 of the Terms and Conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed upon, to wear and tear of the goods caused by their usual use, or to used goods to a defect corresponding to the degree of use or wear and tear the goods had at acceptance by the buyer, or if this results from the nature of the goods.
If the defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer has the right to exercise the right from a defect that occurs in the consumer goods within twenty-four months (2 years) of receipt.
Rights from defective performance are exercised by the buyer with the seller at the address of his business, where the acceptance of the complaint is possible with regard to the range of goods sold, or even at the registered office or place of business.
Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.
In the case of delivery of goods on an invoice with due date, in the event of non-payment of the total amount by the due date, the seller is entitled to recover this amount through court proceedings. The seller has the right to charge interest on delay in the amount of 0.1% for each day and the costs associated with the legal recovery of the claim.
8. OTHER RIGHTS AND OBLIGATIONS OF THE CONTRACTING PARTIES
The buyer acquires ownership of the goods by paying the full purchase price of the goods.
In relation to the buyer, the seller is not bound by any codes of conduct within the meaning of § 1826 par. 1 letter e) Civil Code.
The Czech Trade Inspectorate, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: http://www.coi.cz, is responsible for extra-legal settlement of consumer disputes arising from the purchase contract.
The seller is authorized to sell goods on the basis of a trade license. The trade inspection is carried out by the relevant trade office within its competence. Supervision over the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspectorate supervises, among other things, compliance with Act No. 634/1992 Coll., on consumer protection, as amended, within a defined scope.
The buyer hereby assumes the risk of changing circumstances in accordance with § 1765 par. 2 of the Civil Code.
9. PROTECTION OF PERSONAL DATA
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.
Buyers agree to the processing of their personal data: first and last name, address of permanent residence, identification number, tax identification number, e-mail address, telephone number and (hereinafter collectively referred to as "personal data").
The buyer agrees to the processing of personal data by the seller, for the purpose of realizing the rights and obligations from the purchase contract and for the purpose of maintaining a user account. If the buyer does not choose another option, he agrees to the processing of personal data by the seller also for the purpose of sending information and business reports to the buyer. Consent to the processing of personal data in its entirety according to this article is not a condition that would in itself make it impossible to conclude a purchase contract.
The buyer acknowledges that he is obliged to provide his personal data (when registering, 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 of a change in his personal data.
The seller can authorize a third party as a processor to process the buyer's personal data. Apart from the persons transporting the goods, personal data will not be sold by the seller to third parties without the prior consent of the buyer.
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.
The buyer confirms that the provided personal data is accurate and that he has been informed that this is a voluntary provision of personal data.
In the event that the buyer believes that the seller or the processor is processing his personal data, which is contrary to the protection of the buyer's private and personal life or contrary to the law, especially if the personal data is inaccurate with regard to the purpose of their processing, he may :
ask the seller or processor for an explanation,
to demand that the seller or the processor remove such a situation.
If the buyer requests information about the processing of his personal data, the seller is obliged to provide him with this information. The seller has the right to request an adequate payment not exceeding the costs necessary for providing the information for the provision of information according to the previous sentence.
10. SENDING BUSINESS MESSAGES AND STORING COOKIES
The buyer agrees to send information related to the seller's goods, services or business to the buyer's e-mail address and further agrees to the seller's sending business reports to the buyer's e-mail address.
The buyer agrees to the storage of so-called cookies on his computer. If a purchase is possible on the website and the seller's obligations from the purchase contract can be fulfilled without storing so-called cookies on the buyer's computer, the buyer can withdraw his consent at any time according to the previous sentence.
11. DELIVERY INFORMATIONS
It can be delivered to the buyer's email address.
12. FINAL TERMS
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 consumer rights arising from generally binding legal regulations.
If any provision of the terms and conditions is invalid or ineffective, or becomes so, 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 does not affect the validity of the other provisions.
The purchase contract, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
A sample form for withdrawing from the purchase contract is attached to the terms and conditions.
Seller's contact details: Rybniste 128, 40751 Rybniste, Czech Republic, email address english@artikon.cz, phone +420 602 641 086.
Date and place: 9.5. 2024 in Rybniste