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Terms and conditions

 Notice: These Terms and Conditions were prepared by the Association for Electronic Commerce (APEK) and are available for free download at: https://www.apek.cz/clanky/apek-vzorove-obchodni-podminky-aktualizovany. This is a sample document only and is not legally binding. Webnode assumes no liability for any damages arising from the use of this document. We recommend consulting these terms with your lawyer and modifying them to suit the specific needs of your business.

Terms and conditions

of the company Vlčí Patroni z.s.
registered office at Dobrovského 874/29, 702 00 Ostrava-Přívoz
Identification number: 19334532

for the sale of goods via the online store located at www.vlci-patroni.cz

1. Introductory provisions

1.1. These Terms and Conditions (hereinafter referred to as "Terms") of the company Vlčí Patroni z.s., with its registered office at Dobrovského 874/29, 702 00 Ostrava-Přívoz, Identification number: 19334532 (hereinafter referred to as the "Seller"), govern, in accordance with Section 1751(1) of Act No. 89/2012 Coll., the Civil Code, as amended (hereinafter referred to as the "Civil Code"), the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (hereinafter referred to as the "Purchase Contract") concluded between the Seller and another individual (hereinafter referred to as the "Buyer") through the Seller's online store. The online store is operated by the Seller on a website located at the internet address www.vlci-patroni.cz (hereinafter referred to as the "Website"), through the web interface of the Website (hereinafter referred to as the "Web Interface of the Store").

1.2. These Terms do not apply in cases where a person intending to purchase goods from the Seller is a legal entity or is ordering goods as part of their business activity or in the course of performing their independent profession.

1.3. Provisions that differ from these Terms may be agreed upon in the Purchase Contract. In the event of any inconsistencies, the provisions in the Purchase Contract take precedence over these Terms.

1.4. The provisions of these Terms are an integral part of the Purchase Contract. The Purchase Contract and these Terms are prepared in the Czech language. The Purchase Contract may be concluded only in the Czech language.

1.5. The Seller may amend or supplement the wording of these Terms. This provision does not affect rights and obligations that arose during the validity of the previous version of the Terms.

2. User account

2.1. Based on the Buyer's registration on the Website, the Buyer can access their user interface. Through this user interface, the Buyer can order goods (hereinafter referred to as the "User Account"). If the Web Interface of the Store allows, the Buyer can also order goods without registration directly through the Web Interface of the Store.

2.2. When registering on the Website and when ordering goods, the Buyer is required to provide accurate and truthful information. The Buyer is responsible for updating information in the User Account in case of any changes. Information provided by the Buyer in the User Account and when ordering goods is considered accurate by the Seller.

2.3. Access to the User Account is secured by a username and password. The Buyer is obligated to maintain confidentiality regarding information necessary to access their User Account.

2.4. The Buyer is not permitted to allow third parties to use their User Account.

2.5. The Seller may cancel the User Account, especially if the Buyer has not used their User Account for more than [time period] or if the Buyer breaches their obligations under the Purchase Contract (including these Terms).

2.6. The Buyer acknowledges that the User Account may not be continuously available, particularly due to necessary maintenance of the Seller's hardware and software equipment, or, if applicable, necessary maintenance of hardware and software equipment of third parties.

3. Conclusion of the purchase contract

3.1. Any presentation of goods displayed in the Web Interface of the Store is of an informational nature, and the Seller is not obligated to conclude a Purchase Contract regarding such goods. Section 1732(2) of the Civil Code does not apply.

3.2. he Web Interface of the Store provides information about the goods, including the prices of individual goods and the costs associated with returning items if the nature of the goods prevents return via standard postal service. Prices of goods are listed inclusive of value-added tax and all related fees. The prices of goods remain valid as long as they are displayed in the Web Interface of the Store. This provision does not limit the Seller's ability to negotiate a Purchase Contract under individually agreed terms.

3.3. The Web Interface of the Store also includes information on the costs associated with packaging and delivering goods. The information on packaging and delivery costs listed in the Web Interface of the Store applies only when goods are delivered within the territory of the Czech Republic.

3.4. To order goods, the Buyer completes an order form in the Web Interface of the Store. The order form primarily includes information on:

3.4.1. the goods being ordered (the Buyer "adds" the selected goods to the electronic shopping cart in the Web Interface of the Store),

3.4.2. the payment method for the purchase price of the goods and the selected delivery method, and

3.4.3. information on the delivery costs of the goods (hereinafter collectively referred to as the "Order").

3.5. Before submitting the Order to the Seller, the Buyer is allowed to review and modify the information entered in the Order, including the ability to check and correct any errors that may have occurred when entering data into the Order. The Buyer submits the Order to the Seller by clicking on the "Complete Order" button. The information provided in the Order is considered accurate by the Seller. Upon receipt of the Order, the Seller promptly confirms receipt to the Buyer by email sent to the email address provided in the Buyer's User Account or in the Order (hereinafter referred to as the "Buyer's Email Address").

3.6. Depending on the nature of the Order (such as quantity of goods, total purchase price, or estimated shipping costs), the Seller reserves the right to request additional confirmation of the Order from the Buyer (for example, in writing or by phone).

3.7. The contractual relationship between the Seller and the Buyer is established upon delivery of the Order acceptance (confirmation) by the Seller, which is sent to the Buyer via email to the Buyer's Email Address.

3.8. The Buyer agrees to the use of remote communication means in concluding the Purchase Contract. Any costs incurred by the Buyer when using remote communication means in connection with the conclusion of the Purchase Contract (such as internet connection fees or phone call costs) are borne by the Buyer, with these costs not differing from the standard rates.

4. Price of goods and payment terms

4.1. The Buyer may pay the Seller the price of the goods and any associated delivery costs under the Purchase Contract in the following ways:

  • in cash at the Seller's establishment located at [………..];

  • in cash upon delivery at the location specified by the Buyer in the Order;

  • by bank transfer to the Seller's account no. [………..], held with [………..] (hereinafter referred to as the "Seller's Account");

  • cashless via the payment system [………..];

  • cashless by credit card;

  • through credit provided by a third party.

4.2. Together with the purchase price, the Buyer is obligated to pay the Seller the costs associated with the packaging and delivery of the goods at the agreed amount. Unless explicitly stated otherwise, the purchase price also includes costs associated with the delivery of the goods.

4.3. The Seller does not require an advance payment or any similar payment from the Buyer. This does not affect the provisions of Article 4.6 of the Terms and Conditions regarding the obligation to pay the purchase price of the goods in advance.

4.4. In the case of payment in cash or payment upon delivery, the purchase price is due upon receipt of the goods. In the case of cashless payment, the purchase price is due within 7 days of concluding the Purchase Contract.

4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods along with the indication of the variable payment symbol. For cashless payments, the Buyer's obligation to pay the purchase price is fulfilled at the moment the corresponding amount is credited to the Seller's account.

4.6. The Seller is entitled, particularly if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require the entire purchase price to be paid before sending the goods to the Buyer. The provisions of Section 2119(1) of the Civil Code do not apply.

4.7. Any discounts on the price of goods granted by the Seller to the Buyer cannot be combined.

4.8. If it is customary in commercial transactions or is stipulated by generally binding legal regulations, the Seller shall issue a tax document - invoice to the Buyer regarding payments made under the Purchase Contract. The Seller is a value-added tax payer. The tax document - invoice will be issued by the Seller to the Buyer after the price of the goods has been paid and sent electronically to the Buyer's email address.

4.9. According to the law on the registration of sales, the Seller is obliged to issue a receipt to the Buyer. At the same time, the Seller is obliged to record the received revenue with the tax administrator online; in case of a technical failure, then no later than within 48 hours.

5. Withdrawal from the purchase contract

5.1. The Buyer acknowledges that under the provisions of § 1837 of the Civil Code, it is not possible to withdraw from the Purchase Contract, among other things, in cases of the supply of goods that have been modified according to the Buyer's wishes or for the Buyer's person, from the Purchase Contract regarding the supply of goods that are perishable, as well as goods that have been irretrievably mixed with other goods after delivery, from the Purchase Contract regarding the supply of goods in a sealed package that the consumer has removed from the package and cannot be returned for hygiene reasons, and from the Purchase Contract regarding the supply of sound or video recordings or computer programs if their original packaging has been violated.

5.2. Unless it is a case mentioned in Article 5.1 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(1) of the Civil Code within fourteen (14) days from the receipt of the goods. In the case that the Purchase Contract concerns several types of goods or the delivery of several parts, this period runs from the day of receipt of the last delivery of goods. Withdrawal from the Purchase Contract must be sent to the Seller within the period stated in the previous sentence. To withdraw from the Purchase Contract, the Buyer may use the sample form provided by the Seller, which constitutes an attachment to the Terms and Conditions. The Buyer may send the withdrawal from the Purchase Contract, among others, to the address of the Seller's establishment or to the Seller's email address.

5.3. In the case of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Purchase Contract is canceled from the beginning. The goods must be returned by the Buyer to the Seller within fourteen (14) days from the delivery of the withdrawal from the Purchase 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 normal postal means due to their nature.

5.4. In the event of withdrawal from the Purchase Contract according to Article 5.2 of the Terms and Conditions, the Seller will return the funds received from the Buyer within fourteen (14) days from the withdrawal from the Purchase Contract, 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 at the time of the return of the goods by the Buyer or in another manner if the Buyer agrees to this and it does not incur any additional costs for 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 or proves that the goods have been sent to the Seller.

5.5. The Seller is entitled to unilaterally set off any claim for damages arising on the goods against the Buyer's claim for the return of the purchase price.

5.6. In cases where the Buyer has the right to withdraw from the Purchase Contract in accordance with § 1829(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 this case, the Seller will return the purchase price to the Buyer without undue delay, cashless to the account specified by the Buyer.

5.7. If a gift is provided to the Buyer together with the goods, the gift agreement between the Seller and the Buyer is concluded with a suspensive condition that if the Buyer withdraws from the Purchase Contract, the gift agreement regarding such a gift ceases to be effective, and the Buyer is obliged to return the provided gift along with the goods to the Seller.

6. Transportation and delivery of goods

6.1. If the method of transportation is agreed upon based on a special request from the Buyer, the Buyer bears the risk and any additional costs associated with this method of transportation.

6.2. If the Seller is obligated under the Purchase Contract to deliver the goods to a place designated by the Buyer in the order, the Buyer is required to accept the goods upon delivery.

6.3. In the event that, for reasons attributable to the Buyer, the goods need to be delivered repeatedly or by a different method than specified in the order, the Buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with the alternative method of delivery.

6.4. Upon receiving the goods from the carrier, the Buyer is obliged to check the integrity of the packaging of the goods and to immediately report any defects to the carrier. If the packaging shows signs of tampering indicating unauthorized access to the shipment, the Buyer may refuse to accept the shipment from the carrier.

6.5. Further rights and obligations of the parties regarding the transportation of goods may be regulated by special delivery conditions issued by the Seller.

7. Rights from defective performance

7.1. The rights and obligations of the contractual parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (especially the provisions of Sections 1914 to 1925, Sections 2099 to 2117, and Sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on Consumer Protection, as amended).

7.2. The Seller is liable to the Buyer that the goods are free from defects at the time of acceptance. In particular, the Seller is liable to the Buyer that at the time the Buyer accepted the goods:

7.2.1. the goods have the properties that the parties agreed upon, and if no agreement exists, they have such properties that the Seller or the manufacturer described or that the Buyer expected with regard to the nature of the goods and based on advertising conducted by them,

7.2.2. the goods are suitable for the purpose that the Seller indicates for their use or for which goods of this type are commonly used,

7.2.3. the goods correspond to the quality or execution of the agreed sample or template, if the quality or execution was determined according to the agreed sample or template,

7.2.4. the goods are of appropriate quantity, measure, or weight, and

7.2.5. the goods comply with the requirements of legal regulations.

7.3. The provisions stated in Article 7.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which a lower price was agreed, to wear and tear caused by normal use of the goods, to used goods corresponding to the degree of use or wear and tear that the goods had at the time of acceptance by the Buyer, or if it follows from the nature of the goods.

7.4. If a defect occurs within six months of acceptance, it is assumed that the goods were defective at the time of acceptance. The Buyer is entitled to assert the right to a defect that occurs in consumer goods within twenty-four months of acceptance.

7.5. The rights from defective performance are asserted by the Buyer with the Seller at the address of the Seller's establishment, where the acceptance of complaints is possible with regard to the assortment of goods sold, or also at the Seller's registered office or place of business.

7.6. Further rights and obligations of the parties related to the Seller's liability for defects may be governed by the Seller's complaint procedure.

8. Further rights and obligations of the contractual parties

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

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

8.3. The handling of consumer complaints is ensured by the Seller via the email address erenhill.vlcipatron@gmail.com. The Seller will send information about the resolution of the Buyer's complaint to the Buyer's email address.

8.4. The Czech Trade Inspection Authority, located at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, is competent for out-of-court resolution of consumer disputes arising from the purchase agreement. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used to resolve disputes between the Seller and the Buyer arising from the purchase agreement.

8.5. The European Consumer Centre Czech Republic, located at Štěpánská 567/15, 120 00 Prague 2, website: https://www.evropskyspotrebitel.cz, serves as the contact point in accordance with Regulation (EU) No. 524/2013 of the European Parliament and 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 Online Consumer Dispute Resolution).

8.6. The Seller is authorized to sell goods based on a trade license. The relevant trade office performs business inspections within its jurisdiction. The Office for Personal Data Protection oversees the area of personal data protection. The Czech Trade Inspection Authority supervises compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended, within the specified scope.

8.7. The Buyer hereby assumes the risk of change of circumstances within the meaning of Section 1765(2) of the Civil Code.

9. Personal data protection

9.1. The Seller fulfills its informational obligation towards the Buyer as per Article 13 of Regulation (EU) 2016/679 of the European Parliament and Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "GDPR"), concerning the processing of the Buyer's personal data for the purposes of fulfilling the purchase agreement, negotiating this agreement, and fulfilling the Seller's public law obligations through a separate document.

10. Sending commercial communications and storing cookies

10.1. The Buyer agrees to receive information related to the goods, services, or business of the Seller at the Buyer's email address and further agrees to receive commercial communications from the Seller at the Buyer's email address. The Seller fulfills its informational obligation towards the Buyer as per Article 13 of the GDPR concerning the processing of the Buyer's personal data for the purposes of sending commercial communications through a separate document.

10.2. The Buyer agrees to the storage of so-called cookies on their computer. If a purchase on the website can be made and the Seller's obligations under the purchase agreement can be fulfilled without the storage of cookies on the Buyer's computer, the Buyer may withdraw their consent as stated in the previous sentence at any time.

11. Delivery

11.1. The Buyer may receive deliveries at the Buyer's electronic address.

12. Final provisions

12.1. If the relationship established by the purchase agreement involves an international (foreign) element, the parties agree that the relationship is governed by Czech law.

12.2. By choosing the law according to Article 12.1 of the Terms and Conditions, the consumer is not deprived of the protection provided by provisions of the legal order from which it is not possible to contractually deviate, and which would otherwise apply in the absence of a choice of law, in accordance with Article 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).

12.3. If any provision of the Terms and Conditions is invalid or ineffective, or becomes so, the provision that comes closest in meaning to the invalid provision shall replace it. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.

12.4. The purchase agreement, including the Terms and Conditions, is archived by the Seller in electronic form and is not accessible.

12.5. The appendix to the Terms and Conditions includes a sample form for withdrawal from the purchase agreement.

12.6. Contact details of the Seller: delivery address Holubová 1746/17, 735 06 Karviná 6, email address erenhill.vlcipatron@gmail.com, phone +420 605 781 046.

In Karviná on June 1, 2023.