trading companies

V.Racek - obchod a služby s.r.o.

with registered office at Dražice 108, 391 31

identification number: 28074181

entered in the commercial register kept at the Regional Court in České Budějovice, section C, insert 15738

for the sale of goods through the online store located at www.showsupplies.com and www.nugent.cz

INTRODUCTORY PROVISIONS

These terms and conditions (hereinafter referred to as the "terms and conditions") of the trading company V. Racek - obchod a služby s.r.o., with registered office at Dražice 108, 391 31, identification number: 28074181, registered in the commercial register maintained at the Regional Court in České Budějovice, section C, file 15738 (hereinafter referred to as the "seller") are regulated in accordance with the provisions of § 1751, paragraph 1 of Act no. 89/2012 Coll., Civil Code, as amended (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") via the seller's online store. The online store is operated by the seller on a website located at the internet address vystavnictviskotu.cz, www.nugent.cz (hereinafter referred to as the "website"), through the website interface (hereinafter referred to as the "store web interface").

The 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 or as part of his independent profession.

Provisions deviating from the terms and conditions can be negotiated in the purchase contract. Deviating provisions 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 drawn up in the Czech language. The purchase contract can be concluded in the Czech language.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 effective period of the previous version of the terms and conditions.

USER ACCOUNT

Based on the buyer's registration on the website, the buyer can access its user interface. The buyer can order goods from his user interface (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.When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully. The buyer is obliged to update the data specified in the user account in case of any change. 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 by 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 the use of the user account by third parties.The seller can 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 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 equipment, or necessary maintenance of hardware and software equipment of third parties.

CONCLUSION OF THE PURCHASE AGREEMENT

All the presentation of goods placed in 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 Section 1732, paragraph 2 of the Civil Code shall not apply.The web interface of the store contains information about the goods, including the indication of the prices of the individual goods and the costs for returning the goods. The prices of the goods remain valid for the time they are displayed in the web interface of the store. The prices of goods are not adjusted to the person of the buyer on the basis of automated decision-making. This provision does not limit the seller's ability to conclude a purchase contract under individually agreed conditions.The web interface of the store also contains information about the costs associated with packaging and delivery of the goods, and about the method and time of delivery of the goods. The information on the costs associated with the packaging and delivery of the 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. In the event that the seller offers free shipping, the buyer must pay the minimum total purchase price of the shipped goods in the amount specified in the store's web interface for the right to free shipping. In the event that the buyer partially withdraws from the purchase contract and the total purchase price of the goods for which the buyer did not withdraw from the contract does not reach the minimum amount required for the right to free transportation of the goods according to the previous sentence, the buyer's right to free transportation of the goods ceases and the buyer is obliged to pay the transportation of the goods to the seller.To order goods, the buyer fills out the order form in the web interface of the store. The order form mainly contains information about:ordered goods (the ordered goods are "put" by the buyer into the electronic shopping cart of the store's web interface),method of payment of the purchase price of the goods, information on the required method of delivery of the ordered goods andinformation about the costs associated with the delivery of the goods (hereinafter collectively referred to as the "order").Before sending the order to the seller, the buyer is allowed to check and change the input 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 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 (hereinafter referred to as the "buyer's electronic 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 use remote 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.

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 at the seller's premises at Dražice 108; in cash on delivery at the place specified by the buyer in the order; by cashless transfer to the seller's account No. 6017739001/5500, held at Raiffeisenbank a.s. (hereinafter referred to as "seller's account"); in cash upon personal collection at the delivery desk; through a loan provided by a third party.Along with the purchase price, the buyer is also 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 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.In the case of payment in cash, cash on delivery or at the delivery desk, 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 in the event that the buyer does not provide additional confirmation of the order (Article 6), 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.Any discounts on the price of goods provided by the seller to the buyer cannot be combined with each other. If it is customary in business dealings or if it is stipulated by generally binding legal regulations, the seller will issue a tax document - an invoice - to the buyer regarding payments made on the basis of the purchase contract. The seller is the payer of value added tax. Tax document – ​​the seller issues the invoice to the buyer after payment of the price of the goods and sends it in electronic form to the buyer's e-mail address.

WITHDRAWAL FROM THE PURCHASE AGREEMENT

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 deliveryIf it is not a case mentioned in Article 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 in accordance with § 1829, paragraph 1 and paragraph 2 of the Civil Code, within fourteen (14) days from the day on which the buyer or a third party designated by him other than the carrier transports the goods, or:the last piece of goods, if the buyer orders several pieces of goods in one order, which are delivered separately,the last item or part of a delivery of goods consisting of several items or parts, orthe first delivery of goods, if the contract stipulates regular delivery of goods for an agreed period.Withdrawal from the purchase contract must be sent to the seller within the period specified in Article 2 of the terms and conditions. To withdraw from the purchase contract, the buyer can use the sample form provided by the seller, which forms an appendix to the terms and conditions. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address info@vracek.cz.In case of withdrawal from the purchase contract, the purchase contract is canceled from the beginning. The buyer shall send or hand over the goods back to the seller without undue delay, no later than fourteen (14) days after withdrawal from the contract, unless the seller has offered to collect the goods himself. The period according to the previous sentence is preserved if the buyer sends the goods before it expires. 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 event of withdrawal from the purchase contract pursuant to Article 5.2 of the terms and conditions, the seller shall return the funds received from the buyer within fourteen (14) days of withdrawal from the purchase contract by the buyer, in the same manner 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 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 until the seller receives the goods or until the buyer proves to him that he has sent the goods back, whichever occurs first.The seller is entitled to unilaterally offset the claim for payment of 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 until the time the goods are taken over by the buyer. In such a case, the seller will return the purchase price to the buyer without undue delay, without cash to the account designated by the buyer.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 severance condition that if the buyer withdraws from the purchase contract, the gift contract regarding such a gift ceases to be effective and the buyer is obliged to return the goods to the seller together with gift given.

TRANSPORTATION AND DELIVERY OF GOODS

In the event that 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.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 specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery methodWhen taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier. This does not affect the rights of the buyer from liability for product defects and other rights of the buyer resulting from generally binding legal regulations.Additional rights and obligations of the parties during the transportation of goods may be regulated by the seller's special delivery conditions, if issued by the seller.

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 (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).If the object of the purchase is a tangible movable thing that is connected to the digital content or the digital content service in such a way that it could not fulfill its functions without them (hereinafter referred to as the "thing with digital properties"), the provisions regarding the seller's liability for defects also apply to the provision of the digital content or the digital content service, even if it is provided by a third party. This does not apply if it is obvious from the content of the purchase contract and from the nature of the matter that they are provided separately.The seller is responsible to the buyer that the item has no defects upon receipt. In particular, the seller responds to the buyer that the item:corresponds to the agreed description, type and quantity, as well as quality, functionality, compatibility, interoperability and other agreed characteristics,is suitable for the purpose for which the buyer requires it and to which the seller has agreed, andis supplied with agreed accessories and instructions for use, including instructions for assembly or installation.The seller responds to the buyer that, in addition to the agreed properties:the thing is suitable for the purpose for which the thing of this type is usually used, also with regard to the rights of third parties, legal regulations, technical standards or codes of conduct of the given industry, if there are no technical standards,the quantity, quality and other properties of the thing, including durability, functionality, compatibility and safety, correspond to the usual properties of things of the same kind that the buyer can reasonably expect, even with regard to public statements made by the seller or another person in the same contractual chain, in particular advertising or marking, unless the seller proves that he was not aware of it or that it was modified at the time of the conclusion of the purchase contract in at least a comparable way as it was made, or that the decision on the purchase could not be affected,the item is delivered with accessories, including packaging, assembly instructions and other instructions for use that the buyer can reasonably expect, andthe item corresponds to the quality or design of the sample or template that the seller provided to the buyer before concluding the purchase contract.The provisions of Article 4 of the terms and conditions shall not be applied if the seller has separately warned the buyer before concluding the purchase contract that some property of the item is different and the buyer has expressly agreed to this at the time of concluding the purchase contract.The seller is also liable to the buyer for a defect caused by incorrect assembly or installation, which was carried out by the seller or under his responsibility according to the purchase contract. This also applies if the assembly or installation was carried out by the buyer and the defect occurred due to a deficiency in the instructions provided for it by the seller or the provider of the digital content or digital content service, if it is a thing with digital properties.If a defect becomes apparent within one year of receipt, it is considered that the item was already defective upon receipt, unless the nature of the item or the defect precludes this. This period does not run for the period during which the buyer cannot use the item, if he has justly complained about the defect.If the subject of the purchase is a thing with digital properties, the seller will ensure that the agreed updates of digital content or digital content services are provided to the buyer. In addition to the agreed upon updates, the seller will ensure that the buyer will be provided with updates that are necessary for the item to retain its properties in accordance with Article 3 and Article 7.4 of the terms and conditions after acceptance, and that he will be notified of their availabilityfor a period of two years, if according to the purchase contract the digital content or the digital content service is to be provided continuously for a certain period of time, and if provision is agreed for a period longer than two years, for this entire period, for as long as the buyer can reasonably expect if the digital content or digital content service is to be provided on a one-time basis under the purchase agreement; this will be assessed according to the type and purpose of the thing, the nature of the digital content or the digital content service and taking into account the circumstances of the conclusion of the purchase contract and the nature of the obligation.The provision of Article 8 of the terms and conditions does not apply if the seller has separately warned the buyer before concluding the purchase contract that updates will not be provided and the buyer has expressly agreed to this when concluding the purchase contract.If the buyer did not perform the update in a reasonable time, he has no rights from a defect that arose only as a result of the failure to perform the update. This does not apply if the buyer was not notified of the update or the consequences of not performing it, or did not perform the update or performed it incorrectly due to a deficiency in the instructions. If, according to the purchase contract, the digital content or the digital content service is to be provided continuously for a certain period of time and if a defect manifests itself or occurs during the period according to Article 8.1 and Article 7.8.2 of the terms and conditions, it is considered that the digital content or the digital content service is provided defectively.The buyer can complain about a defect that appears on the item within two years of receipt. If the subject of the purchase is a thing with digital properties and if, according to the purchase contract, the digital content or digital content service is to be provided continuously for a certain period of time, the buyer can complain about a defect that occurs or manifests itself within two years of receipt. If it is to be fulfilled for a period longer than two years, the buyer has the right from a defect that occurs or manifests itself during this time. If the buyer complains to the seller about a defect, the period for pointing out the defect in the item does not run for the period during which the buyer cannot use the item.If the item has a defect, the buyer can request its removal. According to his choice, he can demand the delivery of a new item without a defect or the repair of the item, unless the chosen method of removing the defect is impossible or disproportionately expensive compared to the other; this is assessed in particular with regard to the significance of the defect, the value that the item would have without the defect, and whether the defect can be removed in a second way without significant difficulties for the buyer. The seller can refuse to remove the defect if it is impossible or disproportionately expensive, especially with regard to the importance of the defect and the value that the item would have without the defect.The seller will remove the defect within a reasonable time after it is pointed out so that it does not cause significant difficulties for the buyer, taking into account the nature of the item and the purpose for which the buyer purchased the item. To remove the defect, the seller will take over the item at his own expense. If this requires the disassembly of an item, the assembly of which was carried out in accordance with the nature and purpose of the item before the defect became apparent, the seller will dismantle the defective item and install a repaired or new item, or cover the costs associated with it.The buyer may request a reasonable discount or withdraw from the purchase contract if:the seller refused to remove the defect or did not remove it in accordance with Article 7.13 of the terms and conditions,the defect manifests itself repeatedly,the defect is a material breach of the purchase contract, orit is apparent from the seller's statement or from the circumstances that the defect will not be rectified within a reasonable time or without considerable difficulty for the buyer.If the item's defect is insignificant, the buyer cannot withdraw from the purchase contract (in the sense of Article 7.14 of the terms and conditions); it is considered that the defect of the item is not insignificant. If the buyer withdraws from the purchase contract, the seller will return the purchase price to the buyer without undue delay after receiving the item or after the buyer proves to him that he has sent the item.The defect can be blamed on the seller from whom the item was purchased. However, if another person is appointed to perform the repair, who is at the seller's place or at a place closer to the buyer, the buyer will point out the defect to the person appointed to carry out the repair.With the exception of cases where another person is appointed to carry out the repair, the seller is obliged to accept the complaint in any establishment where the acceptance of the complaint is possible with regard to the range of products sold or services provided, or even at its headquarters. The seller is obliged to issue a written confirmation to the buyer when making a claim, in which he will state the date when the buyer made the claim, what it contains, what method of handling the claim the buyer requires and the buyer's contact details for the purpose of providing information on handling the claim. This obligation also applies to other persons designated to carry out the repair.The complaint, including the removal of the defect, must be processed and the buyer must be informed about it no later than thirty (30) days from the date of the claim, unless the seller and the buyer agree on a longer period. If the subject of the obligation is the provision of digital content, including digital content delivered on a tangible medium, or a digital content service, the complaint must be settled within a reasonable time, taking into account the nature of the digital content or digital content service and the purpose for which the buyer requested it.After the expiration of the period according to Article 7.18 of the terms and conditions, the buyer can withdraw from the purchase contract or demand a reasonable discount.The seller is obliged to issue to the buyer a confirmation of the date and method of settlement of the complaint, including confirmation of the repair and its duration, or a written justification for the rejection of the complaint. This obligation also applies to other persons designated to carry out the repair.The buyer can specifically assert rights from liability for product defects in person at Dražice 108, 391 31, by phone at 381239010 or by e-mail at info@vracek.cz.Whoever has a right from defective performance is also entitled to compensation for the costs purposefully incurred in exercising this right. However, if the buyer does not exercise the right to compensation within one month after the expiry of the period in which the defect must be pointed out, the court will not grant the right if the seller objects that the right to compensation was not exercised in time.Additional rights and obligations of the parties related to the seller's liability for defects may be regulated by the seller's complaint procedure.The seller or another person can also provide the buyer with a quality guarantee in addition to his legal rights from defective performance.

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 in the sense of the provisions of § 1820 paragraph 1 letter n) of the Civil Code.The seller handles consumer complaints via e-mail. Complaints can be sent to the seller's email address. The seller will send information about handling the buyer's complaint to the buyer's email address. Other rules for dealing with complaints are not set by the seller.Out-of-court settlement of consumer disputes arising from the purchase contract is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 567/15, 120 00 Prague 2, ID number: 000 20 869, internet address: https://adr.coi.cz/cs. http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer from the purchase contract.The European Consumer Center Czech Republic, with registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz is a contact point according to Regulation (EU) No. 524/2013 of the European Parliament and Council of 21 May 2013 on the resolution of consumer disputes online and amending Regulation (EC) No. 2006/2004 and Directive 2009/ 22/EC (regulation on the resolution of consumer disputes online).The buyer can file a complaint with a supervisory or state supervisory authority. 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 jurisdiction. The Office for Personal Data Protection supervises the area of ​​personal data protection. To a limited extent, the Czech Trade Inspection supervises, among other things, compliance with the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended.The buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765, paragraph 2 of the Civil Code.

PROTECTION OF PERSONAL DATA

Its information obligation towards the buyer in the sense of Article 13 Regulation of the European Parliament and of the Council 2016/679 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data and on the repeal of Directive 95/46/EC (General Regulation on the Protection of Personal Data) ( hereinafter referred to as the "GDPR regulation") related to the processing of the buyer's personal data for the purpose of fulfilling the purchase contract, for the purpose of negotiating the purchase contract and for the purpose of fulfilling the seller's public obligations is fulfilled by the seller by means of a special document.

SENDING COMMERCIAL MESSAGES AND STORING COOKIES

The buyer agrees, in accordance with the provisions of § 7 paragraph 2 of Act No. 480/2004 Coll., on certain information society services and on the amendment of certain laws (Act on certain information society services), as amended, to the sending of business communications by the seller to the buyer's electronic address or phone number.The seller fulfills its legal obligations related to the possible storage of cookies on the buyer's device by means of a special document.

DELIVERY 

It can be delivered to the buyer's email address.

FINAL PROVISIONS

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. By choosing the law according to the previous sentence, the buyer who is a consumer is not deprived of the protection provided by the provisions of the legal system, from which it is not possible to deviate contractually, and which, in the absence of a choice of law, would otherwise be used according to the provisions of Article 6, paragraph 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).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.The annex to the terms and conditions consists of a sample form for withdrawing from the purchase contract.Contact details of the seller: The seller does not provide any other means of online communication.  

In Dražice on 1st January 2023