GENERAL TERMS AND CONDITIONS
These general terms and conditions ("Terms") of Antik Depot, with registered office at K Dubině 761, 530 06 Pardubice, ID 61999482, registered in the commercial register under sp. stamp [TO BE COMPLETED] addressed to [TO BE COMPLETED], e-mail [TO BE COMPLETED], phone number +420 775 656 166, business address info@antik-depot.cz ("We" or "Seller") are modified in accordance with the provision 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 you as buyers and us as sellers, arising in connection with or on the basis of purchase contracts ("Agreement") concluded through the E-shop on the website https://antikdepot.cz/.
All information on the processing of your personal data is contained in the Personal Data Processing Policy, which can be found here https://antikdepot.cz/zasady-ochrany-osobnich-udaju/.
The provisions of these Conditions are an integral part of the Agreement. The contract and terms and conditions are drawn up in the Czech language. We can unilaterally change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the period of validity of the previous version of the Conditions.
As you probably know, we primarily communicate remotely. Therefore, even for our Agreement, means of remote communication are used, which allow us to reach an agreement without the simultaneous physical presence of Us and You, and the Agreement is thus concluded remotely in the E-shop environment, through the website interface ( "E-shop web interface").
If any part of the Terms is in conflict with what we have jointly agreed to as part of your purchase process on our E-shop, that particular agreement will take precedence over the Terms.
SOME DEFINITIONS
Price is the financial amount you pay for the Goods;
The shipping price is the financial amount you pay for the delivery of the Goods, including the price for its packaging;
The total price is the sum of the Price and the Shipping Price;
DPH je daň z přidané hodnoty dle platných právních předpisů;
An invoice is a tax document issued under the Value Added Tax Act for the total price;
The order is your binding proposal to conclude a Contract for the purchase of Goods with us;
A user account is an account established on the basis of the data provided by you, which enables the storage of entered data and the preservation of the history of ordered Goods and concluded Contracts;
You are a person shopping in our E-shop, referred to by law as a buyer;
Goods are everything you can buy in the E-shop.
General provisions and instructions
The purchase of goods is possible only through the web interface of the E-shop.
When purchasing Goods, it is your duty to provide us with all information correctly and truthfully. We will therefore consider the information you have provided Us in the Order to be correct and true.
On our E-shop, we also provide access to the evaluation of the Goods by other consumers. We ensure and verify the authenticity of such reviews by linking the reviews to specific orders, so we can see the linked order ID for each review in our internal system, and thus we are able to verify and prove that the review is from a real consumer.
A CONCLUSION OF THE CONTRACT
It is possible to conclude a contract with us only in the Czech language.
The contract is concluded remotely via the E-shop, while the costs of using remote communication means are covered by you. However, these costs do not differ in any way from the basic rate you pay for using these resources (that is, especially for Internet access), so you should not expect any additional costs from us to be charged beyond the Total Price. . By submitting an Order, you agree that we use remote means of communication.
In order for us to conclude the Agreement, you need to create an Order on the E-shop. This proposal must include the following information:
Information about the purchased Goods (in the E-shop, you indicate the Goods you are interested in purchasing with the "Add to basket" button);
Informace o Ceně, Ceně za dopravu, způsobu platby Celkové ceny a požadovaném způsobu doručení Zboží; tyto informace budou zadány v rámci tvorby Objednávky v rámci uživatelského prostředí E-shopu, přičemž informace o Ceně, Ceně za dopravu a Celkové ceně budou uvedeny automaticky na základě Vámi zvolného Zboží, způsobu jeho doručení a platby;
Your identification and contact information used to enable us to deliver the goods to you, especially name, surname, delivery address, telephone number and email address.
During the creation of the Order, he can change and check the data until it is completed. After checking, press the "Order with obligation to pay" button to complete the order. However, before pressing the button, you must confirm that you are familiar with and agree to these Terms, otherwise it will not be possible to complete the order. The check box is used for confirmation and consent. After pressing the "Order with obligation to pay" button, all the filled-in data will be sent directly to Us.
We will confirm your Order as soon as possible after it is delivered to us by a message sent to your e-mail address specified in the Order. The confirmation will include a summary of the Order and these Terms in the form of an e-mail message attachment. The terms and conditions in the version effective on the date of the Order, i.e. in the version attached as an attachment to the confirmation e-mail, form an integral part of the Agreement. By confirming the Order, the Contract between us and you is concluded.
There may also be cases where we will not be able to confirm your order. These are especially situations where the Goods are not available or cases where you order a larger quantity of Goods than is permitted by us. However, we will always provide you with information about the maximum number of Goods in advance within the E-shop, so you should not be surprised. In the event that there is a reason why we cannot confirm the Order, we will contact you and send you an offer to conclude the Contract in an amended form compared to the Order. In such a case, the contract is concluded by confirmation of our offer.
In the event that an obviously incorrect Price is stated in the E-shop or in the Order, we are not obliged to deliver the Goods to you at this Price, even if you have received confirmation of the Order and therefore concluded the Contract. In such a situation, we will contact you immediately and send you an offer to conclude a new Contract in an amended form compared to the Order. In such a case, the new Contract is concluded at the moment when you confirm Our offer. An obvious error in the Price is considered to be, for example, a situation where the Price does not correspond to the usual price at other sellers or a figure is missing or missing.
In case of conclusion of the Contract, you are obliged to pay the Total Price.
If you have an established User account, you can place an Order through it. Even in this case, however, you are obliged to check the correctness, truthfulness and completeness of the pre-filled data. However, the method of creating an Order is the same as in the case of a buyer without a User Account, but the advantage is that you do not have to repeatedly fill in your identification data.
In some cases, we allow you to use a discount for the purchase of Goods. In order to provide a discount, it is necessary to fill in information about this discount in a predetermined field within the draft Order. If you do so, the Goods will be provided to you at a discount.
User account
Based on your registration in the E-shop, you will get access to your User account.
When registering a User Account, it is your responsibility to enter all data correctly and truthfully and to update them in the event of a change.
Access to the User account is secured by a username and password. It is your responsibility to maintain the confidentiality of these access codes and not to share this information with anyone. We bear no responsibility in the event of their misuse.
The user account is personal and therefore you are not authorized to allow third parties to use it.
We may terminate your user account, especially if you do not use it for more than [TO BE ADDED] or if you breach your obligations under the Agreement.
The user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software equipment.
PRICING AND PAYMENT TERMS, RESERVATION OF TITLE
The price is always stated within the E-shop, in the draft Order and, of course, in the Contract. In the event of a discrepancy between the Price specified for the Goods within the E-shop and the Price specified in the draft Order, the Price specified in the draft Order is offered, which will always be specified in the Contract. As part of the draft Order, the Price for shipping, or the conditions under which shipping is free, is also indicated.
The total price is stated including VAT, including all fees stipulated by law.
After concluding the Contract and before handing over the Goods, we will ask you to pay the Total Price. You can pay the total price in the following ways:
Bank transfer. We will send you payment information as part of your order confirmation. In case of payment by bank transfer, the total price is due by [DO BE ADDED]
By card online. In such case, the payment is made through the payment gateway [ADDED], and the payment is governed by the terms and conditions of this payment gateway, which are available at: [ADDED]. In the case of payment by card online, the total price is due by [DO BE ADDED]
Cash on delivery. In such case, payment will be made upon delivery of the Goods as opposed to delivery of the Goods. In the case of payment by cash on delivery, the Total price is payable upon receipt of the Goods.
Ready for personal collection. You can pay for the goods in cash when you pick them up at our store. In the case of payment in cash during personal collection, the Total price is payable upon receipt of the Goods.
The invoice will be issued in electronic form after payment of the Total Price and will be sent to your e-mail address. The invoice will also be physically attached to the Goods and available in the User Account.
Ownership of the Goods passes to you only after you have paid the Total Price and received the Goods. In case of payment by bank transfer, the Total price is paid by crediting to Our account, in other cases it is paid at the time of payment.
DELIVERY OF GOODS, PASSING OF RISK OF DAMAGE TO THINGS
The goods will be delivered to you within [TO BE ADDED] days at the latest by the method of your choice and you can choose from the following options:
Personal collection at our establishment listed in the list of locations;
Personal collection at the company's delivery points Zásilkovna, Uloženka;
Delivery via transport companies Česká pošta, PPL CZ, DHL, Zásilkovna;
The goods can only be delivered within the Czech Republic.
The delivery time of the Goods always depends on its availability and the chosen method of delivery and payment. The expected delivery time of the Goods will be communicated to you in the Order confirmation. The time stated in these terms and conditions is indicative only and may differ from the actual delivery time. In the case of personal collection at the establishment, we will always inform you about the possibility of picking up the Goods via e-mail.
After taking over the Goods from the transporter, it is your duty to check the integrity of the packaging of the Goods and, in the event of any defects, to notify the transporter and Us immediately of this fact. In the event that there is a defect in the packaging indicating unauthorized handling and intrusion into the shipment, it is not your duty to accept the Goods from the carrier.
In the event that you breach your obligation to take over the Goods, with the exception of cases according to Article 6.4 of the Terms and Conditions, this does not result in a breach of Our obligation to deliver the Goods to you. At the same time, the fact that you do not accept the Goods is not a withdrawal from the Contract between us and you. In such a case, however, we have the right to withdraw from the Agreement due to your substantial breach of the Agreement, or to store the Goods, for which we are entitled to payment from you in the amount of [TO BE ADDED]. If we decide to withdraw from the Agreement, the withdrawal is effective on the day we deliver this withdrawal to you. Withdrawal from the Contract does not affect the right to compensation for the price of transport, nor the right to compensation for damage, if it has arisen.
If, for reasons arising on your part, the Goods are delivered repeatedly or in a different way than was agreed upon in the Contract, it is your duty to compensate Us for the costs associated with this repeated delivery. We will send the payment details for the payment of these costs to your e-mail address specified in the Contract with a maturity of 14 days after the e-mail is delivered.
The risk of damage to the Goods passes to you at the moment of its acceptance. In the event that you do not take over the Goods, the risk of damage to the Goods passes to you at the moment when you had the opportunity to take them over, with the exception of cases according to Article 6.4 of the Terms and Conditions. , but for reasons on your end you didn't take them over. The passing of the risk of damage to the Goods means that from that moment you bear all the consequences associated with the loss, destruction, damage or any deterioration of the Goods.
In the event that the Goods were not listed as in stock in the E-shop and the approximate time of availability was indicated, we will always inform you in the event of:
extraordinary interruption of the production of the Goods, whereby we will always inform you of the new expected time of availability or information that the Goods will not be able to be delivered;
delay in the delivery of Goods from our supplier, while we will always inform you of the new estimated delivery time.
PRÁVA Z VADNÉHO PLNĚNÍ
We guarantee that at the time of the transfer of the risk of damage to the Goods according to Article 6.7 of the Terms and Conditions, the Goods are free of defects, especially if the Goods:
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 you require it and to which we agree;
it is supplied with agreed accessories and instructions for use, including assembly or installation instructions;
is suitable for the purpose for which Goods of this kind are usually used;
quantity, quality and other characteristics, including durability, functionality, compatibility and safety, correspond to the usual characteristics of goods of the same kind that you can reasonably expect, even with regard to public statements made by us or another person in the same contractual chain, in particular through advertising or labeling ;
it comes with accessories including packaging, assembly instructions and other instructions for use that you can reasonably expect; and
corresponds to the quality or design of the sample or design that was provided to you before the conclusion of the contract.
Rights and obligations regarding rights from defective performance are governed by relevant generally binding legal regulations (in particular, provisions § 2099 to 2117 and § 2161 to 2174b of the Civil Code and Act No. 634/1992 Coll., on consumer protection, as amended).
In the event that the Goods have a defect, i.e. in particular if one of the conditions according to Article 7.1 is not met, you can notify Us of such a defect and exercise your rights from defective performance (i.e. complain about the Goods) by sending an e-mail or a letter to Our addresses listed in our identification details or in person at [TO BE ADDED]. For complaints, you can also use the sample form provided by us, which forms Annex No. 1 of the terms and conditions. When exercising the right from defective performance, you must choose how you want to resolve the defect, and you cannot change this choice without our consent. We will handle the complaint in accordance with the right you have asserted from defective performance.
If the goods are defective, you have the following rights:
remove the defect by delivering a new Product without a defect, or by delivering a missing part of the Product; or
to remove the defect by repairing the Goods,
if the chosen method of removing the defect is impossible or disproportionately expensive compared to the second method, which is assessed in particular with regard to the seriousness of the defect, the value that the goods would have without the defect, and whether the defect can be removed by the second method without significant difficulties for you.
We are entitled to refuse to remove the defect if it is impossible or disproportionately expensive, especially considering the seriousness of the defect and the value that the goods would have without the defect.
You also have the right to:
a reasonable discount from the Price; or
withdrawal from the Agreement,
if:
we refuse to remove the defect or do not remove it in accordance with the law;
the defect manifests itself repeatedly,
the defect is a material breach of the Contract; or
it is apparent from our statement or from the circumstances that the defect will not be rectified within a reasonable time or without considerable difficulty to you.
The right to withdraw from the Contract does not apply if the defect in the Goods is insignificant.
In the event that you yourself caused the defect in the Goods, you do not have rights from defective performance.
A defect in the Goods is not wear and tear of the Goods caused by its usual use or, in the case of used Goods, wear corresponding to the extent of its previous use.
When making a complaint, we will issue you a written confirmation, which will state:
the date you made the claim;
what is the content of the complaint;
what method of handling the claim you require;
Your contact details for the purpose of providing information about handling the complaint.
If we do not agree on a longer period, we will remove the defects within 30 days of receiving the complaint and we will provide you with information on handling the complaint at the contact details provided. If this period expires in vain, you can withdraw from the Agreement or demand a reasonable discount.
We will inform you about the handling of the complaint by e-mail and will issue you a confirmation of the date and method of handling the complaint. If the claim is justified, you are entitled to reimbursement of the incurred costs. You are required to document these costs with e.g. receipts or receipts for the cost of transport. In the event that the defect has been rectified by the delivery of new Goods, it is your responsibility to return the original Goods to us, but the costs of this return will be paid by Us.
If you are an entrepreneur, it is your duty to report and complain about the defect without undue delay after you have been able to discover it, but no later than three days after receiving the Goods.
If you are a consumer, you have the right to assert rights from defective performance in the case of a defect that occurs in the Consumer Goods within a period of 24 months from the receipt of the Goods.
withdrawal from the contract
Withdrawal from the Agreement, i.e. the termination of the contractual relationship between us and you from its inception, may occur for the reasons and methods specified in this article, or in other provisions of the terms and conditions, in which the possibility of withdrawal is explicitly stated. established.
If you are a consumer, i.e. a person purchasing Goods outside the scope of your business activity, you have the right to withdraw from the Contract without giving a reason within 14 days from the date of conclusion of the Contract, or if it is a purchase of goods, then within fourteen days from its acceptance. In the event that we have concluded a Contract, the subject of which is multiple pieces of Goods or the delivery of several parts of the Goods, this period begins to run only on the day of delivery of the last piece or part of the Goods, and in the event that we have concluded a Contract based on which we will deliver the Goods to you regularly and repeatedly, begins to run on the day of delivery of the first delivery.
You may withdraw from the Agreement by any provable means (in particular by sending an e-mail or letter to Our addresses listed in Our identification data). For withdrawal, you can also use the sample form provided by us, which forms Annex No. 2 of the terms and conditions.
Even as a consumer, however, you cannot withdraw from the Agreement in cases where the subject of the Agreement is the fulfillment specified in § 1837 of the Civil Code.
The period for withdrawing from the contract according to Article 8.2 of the terms and conditions is considered to have been observed if you send us a notice that you are withdrawing from the contract within this period.
In case of withdrawal from the contract according to Article 8.2 of the terms and conditions, you are obliged to send us the goods within 14 days of withdrawal from the contract and to bear the costs associated with returning the goods to us. On the other hand, you are entitled to a refund of the shipping cost, but only in the amount corresponding to the cheapest method of delivery of the Goods offered by us for the delivery of the Goods. In the event of withdrawal due to a breach of the concluded Agreement, we also pay the costs associated with returning the goods to Us, but again only up to the amount of the transport price corresponding to the cheapest method of delivery of the goods offered. by us at the time of delivery of the Goods.
In case of withdrawal from the Contract, the Price will be returned to you within 14 days from the effective date of withdrawal to the account from which it was credited, or to the account chosen for withdrawal from the Contract. However, the amount will not be refunded until we receive the goods or until you show us that they have been sent back to us. Please return the goods to us clean, if possible including the original packaging.
However, in the event of withdrawal from the Contract pursuant to Article 8.2 of the Terms and Conditions, you are liable to us for the reduction in the value of the goods that occurred as a result of handling these goods in a way other than what is necessary for you to familiarize yourself with the nature, properties and functionality of the Goods, i.e. in a manner , how you would get to know the Goods in a brick-and-mortar store. In the event that we have not yet returned the Prize to you, we are entitled to offset the cost claim against your claim for the return of the Prize.
We are entitled to withdraw from the Contract at any time before we deliver the goods to you, if there are objective reasons why it is not possible to deliver the goods (in particular, reasons on the part of third parties or reasons arising from the nature of the Goods), even before the expiry of the period specified in Article 6.1 Condition. We may also withdraw from the Contract if it becomes clear that you have intentionally provided incorrect information in the Order. In the event that you purchase goods as part of your business activity, i.e. as an entrepreneur, we are entitled to withdraw from the Agreement at any time, even without giving a reason.
Resolution of disputes with consumers
In relation to the buyer, we are not bound by any codes of conduct within the meaning of § 1826 paragraph 1 letter e) of the Civil Code.
We handle consumer complaints via the electronic address [TO BE ADDED]. We will send information about handling the complaint to the buyer's email address.
The out-of-court settlement of consumer disputes arising from the Agreement is the responsibility of the Czech Trade Inspection, with registered office at Štěpánská 796/44, 110 00 Prague 1, ID number: 000 20 869, internet address: http:/ /www.coi.cz. The online dispute resolution platform located at the Internet address http://ec.europa.eu/consumers/odr can be used to resolve disputes between the seller and the buyer, who is a consumer, from a purchase contract concluded by electronic means.
The European Consumer Center Czech Republic, with registered office Štěpánská 796/44, 110 00 Prague 1, internet address: http://www.evropskyspotrebitel.cz is the contact point according to Regulation (EU) No. 524/2013 of the European Parliament. of the Parliament and the Council of 21 May 2013, on online consumer dispute resolution and amending Regulation (EC) No. 2006/2004 and Directive 2009/22/EC (Regulation on online consumer dispute resolution).
Final Provisions
If Our and Your legal relationship contains an international element (ie, for example, we send goods outside the territory of the Czech Republic), the relationship will always be governed by the law of the Czech Republic. However, if you are a consumer, this contract does not affect your rights arising from legal regulations.
We will deliver all written correspondence with you by electronic mail. Our email address is listed under Our Identification Information. We will deliver correspondence to your e-mail address specified in the Agreement, in the User Account or through which you contacted us.
The contract can only be changed based on our written agreement. However, we are entitled to change and supplement these Terms and Conditions, but this change will not affect already concluded Contracts, but only Contracts that will be concluded after the effective date of this change. However, we will inform you about the change only if you have created a User Account (so that you have this information in case you order new Goods, but the change does not give rise to the right to terminate, as we do not have a contract that can be terminated), or you based on the Contract we have to deliver the Goods regularly and repeatedly. We will send you information about the change to your e-mail address at least 14 days before the change takes effect. If we do not receive from you within 14 days of sending information about the change to the termination of the concluded Agreement on regular and repeated deliveries of Goods, the new conditions become part of our Agreement and will be applied to the next delivery of Goods following the effective date of the change. The notice period in case of giving notice is 2 months.
In the event of force majeure or events that cannot be foreseen (natural disaster, pandemic, operational failures, subcontractor outages, etc.), we are not responsible for damages caused as a result of or in connection with cases of force majeure and if the state of force majeure lasts for a period of more than 10 days, we and you have the right to withdraw from the contract.
The annex to the terms and conditions contains a sample form for a complaint and a sample form for withdrawing from the contract.
The contract, including the terms and conditions, is archived with us in electronic form, but is not accessible to you. However, you will always receive these Terms and the confirmation of the Order with a summary of the Order by e-mail, and thus you will always have access to the Agreement even without Our cooperation. We recommend always saving the order confirmation and conditions.
These terms are effective [TO BE ADDED].
Sample - Complaint form
Addressee: [TO BE ADDED].
Making reklamation
Date of conclusion of the contract:
Name and surname:
Address
Email address:
Claimed goods:
Description of product defects:
The recommended method of processing a claim:
At the same time, I request the issuance of a confirmation of the application of the complaint stating when I exercised this right, what is the content of the complaint, what method of handling the complaint I require, together with my contact details in order to provide information about the handling of the complaint.
Date:
Signature
Sample - form for withdrawal from the contract
Addressee: [TO BE ADDED].
I hereby declare that I withdraw from the contract:
Date of conclusion of the contract:
Name and surname:
Address
Email address:
Specifications of the goods covered by the contract:
Method of returning received funds or specifying the bank account number:
If the buyer is a consumer, he has the right if he ordered the goods through the e-shop of the company [TO BE ADDED] (hereinafter referred to as the "Company") or other means of remote communication, except for the cases specified in § 1837 of Act No. 89/2012 Coll., Civil Code, as amended, withdraw from an already concluded purchase contract within 14 days from the date of conclusion of the contract, or if it is a purchase of goods, then within fourteen days from the date of conclusion of the contract. his income. In the case of a contract, the subject of which is several pieces of goods or the delivery of several parts of the goods, this period begins to run only on the day of delivery of the last piece or part of the goods, and in the case of a contract based on which the goods are to be delivered regularly and repeatedly, from the date of delivery of the first delivery.
The buyer shall notify the Company of this withdrawal in writing to the address of the Company's premises or electronically to the e-mail indicated on the sample form.
If the buyer, who is a consumer, withdraws from the purchase contract, he shall send or hand over to the Company without undue delay, no later than 14 days from the withdrawal from the purchase contract, the goods he received from the Company.
If the buyer, who is a consumer, withdraws from the purchase contract, the Company will return to him without undue delay, no later than 14 days from the withdrawal from the purchase contract, all funds (the purchase price of the delivered goods), including the delivery costs, which he received from him on the basis of the purchase contract accepted, in the same way. If the buyer has chosen a different delivery method than the cheapest delivery method offered by the Company, the Company will refund the delivery costs to the buyer only in the amount corresponding to the cheapest delivery method. he offered The Company is not obliged to return the funds received to the buyer until the goods are received back or until the buyer proves that he sent the goods to the Company.
Date:
Signature
