Terms and Conditions
TERMS AND CONDITIONS
of Tisk na filc
registered office – Satalice, Prague 190 14
identification number: 11707712
for the sale of goods via an online store located at www.tisknafilc.cz
Product Information
Please exercise caution in how you process the product so that it is suitable for children.
Unprinted Korean felt is suitable for further processing and is certified for children under 3 years of age.
Upon request, I can send a declaration confirming the suitability of the material for children under 3 years of age.
1. Introductory Provisions
1.1. These terms and conditions (“Terms and Conditions”) of Tisk na filc, with its registered office in Prague, Satalice, 190 15, identification number: 11707712, (hereinafter the “Civil Code”), govern the mutual rights and obligations of the contracting parties arising in connection with or based on a purchase contract (“Purchase Contract”) concluded between the seller and another natural person (“Buyer”) via the seller’s online store. The online store is operated by the seller on the website located at www.tisknafilc.cz (the “Website”), through the web interface of the Website (the “Web Interface of the Store”).
1.2. These Terms and Conditions do not apply in cases where a person who intends to purchase goods from the seller is a legal entity or a person acting within the scope of their business or professional activity when ordering goods.
1.3. Provisions differing from these Terms and Conditions may be agreed in the Purchase Contract. Any differing provisions in the Purchase Contract take precedence over the provisions of these Terms and Conditions.
1.4. The provisions of these Terms and Conditions are an integral part of the Purchase Contract. The Purchase Contract and the Terms and Conditions are drawn up in Czech. The Purchase Contract may be concluded in Czech.
1.5. The seller may amend or supplement the wording of these Terms and Conditions. This provision does not affect any rights and obligations arising during the validity of the previous wording of the Terms and Conditions.
2. User Account
2.1. 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 (“User Account”). If the Web Interface of the Store allows it, the Buyer may also order goods without registration directly from the Web Interface of the Store.
2.2. When registering on the Website and when ordering goods, the Buyer is obliged to provide correct and truthful information. The Buyer must update the information provided in the User Account if it changes. The information provided by the Buyer in the User Account and when ordering goods is considered correct by the seller.
2.3. Access to the User Account is secured by a username and password. The Buyer is obliged to maintain confidentiality regarding the information required to access their User Account.
2.4. The Buyer is not authorized 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 a certain period of time [time period], or if the Buyer violates their obligations under the Purchase Contract (including these Terms and Conditions).
2.6. The Buyer acknowledges that the User Account may not be available continuously, particularly with regard to necessary maintenance of the hardware and software of the seller, or necessary maintenance of the hardware and software of third parties.
3. Conclusion of the Purchase Contract
3.1. All presentation of goods posted on the Web Interface of the Store is informative and the seller is not obliged to conclude a Purchase Contract regarding this goods. The provision of Section 1732(2) of the Civil Code does not apply.
3.2. The Web Interface of the Store contains information about the goods, including the prices of individual goods and the costs of returning the goods, if these goods by their nature cannot be returned by normal postal means. The prices of the goods are stated including value added tax and all related fees. The prices of the 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 conclude a Purchase Contract under individually negotiated conditions.
3.3. The Web Interface of the Store also contains information about the costs associated with the packaging and delivery of goods. The information on the costs associated with packaging and delivery of goods listed in the Web Interface of the Store applies only in cases where the goods are delivered within the territory of the Czech Republic.
3.4. To order goods, the Buyer fills out the order form in the Web Interface of the Store. The order form contains in particular information about:
3.4.1. the goods ordered (the Buyer “inserts” the ordered goods into the electronic shopping cart of the Web Interface of the Store),
3.4.2. the method of payment of the purchase price of the goods, details regarding the required method of delivery of the ordered goods, and
3.4.3. information about the costs associated with the delivery of the goods (hereinafter collectively referred to as the “Order”).
3.5. Before sending the Order to the seller, the Buyer can check and modify the data they have entered, including the possibility for the Buyer to detect and correct errors made when entering data into the Order. The Buyer sends the Order to the seller by clicking the “Complete Order” button. The data in the Order are considered correct by the seller. Immediately after receiving the Order, the seller will confirm receipt to the Buyer by email to the Buyer’s email address specified in the User Account or in the Order (“Buyer’s Email Address”).
3.6. Depending on the nature of the Order (quantity of goods, amount of the purchase price, anticipated shipping costs), the seller is always entitled 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 arises upon delivery of the acceptance of the Order (acceptance), which is sent by the seller to the Buyer via email, specifically to the Buyer’s Email Address.
3.8. The Buyer agrees to the use of remote communication means when concluding the Purchase Contract. The costs incurred by the Buyer in using remote communication means in connection with concluding the Purchase Contract (internet connection costs, phone call costs) are borne by the Buyer himself, and these costs do not differ from the basic rate.
4. Price of Goods and Payment Terms
4.1. The Buyer may pay the price of the goods and any costs associated with the delivery of the goods under the Purchase Contract to the seller in the following ways:
- in cash at the seller’s premises at the address Prague – Satalice
- cashless transfer to the seller’s account No. 1108779014/3030, maintained by Airbank (“Seller’s Account”);
- cashless payment via a payment system
- cashless payment by payment card;
4.2. Together with the purchase price, the Buyer is also obliged to pay the seller the costs associated with packaging and delivering the goods in the agreed amount. Unless explicitly stated otherwise, the purchase price also includes the costs associated with the delivery of the goods.
4.3. The seller does not require the Buyer to provide a deposit or other similar payment in advance. 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 cash on delivery, the purchase price is payable upon receipt of the goods.
4.5. In the case of cashless payment, the Buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of cashless payment, the Buyer’s obligation to pay the purchase price is fulfilled at the moment the relevant amount is credited to the Seller’s Account.
4.6. The seller is entitled, especially if the Buyer does not provide additional confirmation of the Order (Article 3.6), to require payment of the entire purchase price 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 provided by the seller to the Buyer cannot be combined.
4.8. If it is usual in the course of business or required by generally binding legal regulations, the seller will issue a tax document – invoice to the Buyer regarding payments made under the Purchase Contract. The seller is not a VAT payer. The tax document – invoice will be issued by the seller to the Buyer after payment of the price of the goods and sent in electronic form to the Buyer’s Email Address.
4.9. Under the Act on the Registration of Sales, the seller is required to issue a receipt to the Buyer. At the same time, they are required to record the received sales with the tax authority online; in the event of a technical failure, within 48 hours at the latest.
5. Withdrawal from the Purchase Contract
5.1. The Buyer acknowledges that under Section 1837 of the Civil Code, among other things, it is not possible to withdraw from a Purchase Contract for the supply of goods which have been modified according to the Buyer’s wishes or for their person, or from a Purchase Contract for the supply of goods in certain other cases.
5.2. Unless it is a case referred to in Article 5.1 of the Terms and Conditions or another case where withdrawal from the Purchase Contract is not possible, the Buyer has the right, under Section 1829(1) of the Civil Code, to withdraw from the Purchase Contract within fourteen (14) days of receipt of the goods, and if the subject of the Purchase Contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods. Notice of withdrawal from the Purchase Contract must be sent to the seller within the period specified in the previous sentence. The Buyer may use the sample form provided by the seller, which forms an attachment to the Terms and Conditions, to withdraw from the Purchase Contract.
5.3. In the event of withdrawal from the Purchase Contract under 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 of the withdrawal from the Purchase Contract. If the Buyer withdraws from the Purchase Contract, the Buyer bears the costs of returning the goods to the seller.
5.4. In the event of withdrawal from the Purchase Contract under Article 5.2 of the Terms and Conditions, the seller will return the funds received from the Buyer within fourteen (14) days of the withdrawal from the Purchase Contract, in the same manner that the seller received them from the Buyer. The seller is also entitled to return the performance provided by the Buyer at the time of returning the goods by the Buyer, or in another way if the Buyer agrees and no additional costs arise 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 they have sent the goods to the seller.
5.5. The seller is entitled to unilaterally offset any claim for compensation for damage to the goods against the Buyer’s claim for a refund of the purchase price.
5.6. In cases where the Buyer, under Section 1829(1) of the Civil Code, has the right to withdraw from the Purchase Contract, the seller is also entitled to withdraw from the Purchase Contract at any time, up until the goods are received by the Buyer. In such a case, the seller shall refund the purchase price to the Buyer without undue delay, in a cashless manner to the account specified by the Buyer.
6. Transportation and Delivery of Goods
6.1. If the mode of transport is arranged based on a special request by the Buyer, the Buyer bears the risk and any additional costs associated with this mode of transport.
6.2. If the seller is obliged under the Purchase Contract to deliver the goods to a place specified by the Buyer in the Order, the Buyer is obliged to take delivery of the goods upon delivery.
6.3. If, for reasons on the Buyer’s side, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the Order, the Buyer is obliged to pay the costs associated with repeated delivery of the goods, or the costs associated with a different method of delivery.
6.4. When taking delivery of the goods from the carrier, the Buyer is obliged to check that the packaging of the goods is intact, and in the event of any defects, to immediately notify the carrier. If it is found that the packaging has been tampered with, indicating unauthorized entry into the shipment, the Buyer may refuse to accept the shipment from the carrier.
6.5. Other rights and obligations of the parties in the transportation of goods may be regulated by the seller’s special delivery conditions, if issued by the seller.
7. Rights from Defective Performance
7.1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular 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 for ensuring that the goods are free of defects upon receipt. In particular, the seller is liable to the Buyer that at the time the Buyer takes over the goods:
7.2.1. the goods have the characteristics agreed between the parties or, if no such agreement exists, have the characteristics that the seller or manufacturer described or that the Buyer expected in view of the nature of the goods and based on the advertising carried out by them,
7.2.2. the goods are fit for the purpose stated by the seller for their use or for which goods of this kind are usually used,
7.2.3. the goods correspond in quality or design to the agreed sample or template if the quality or design was determined according to the agreed sample or template,
7.2.4. the goods are in the appropriate quantity, measure, or weight,
7.2.5. the goods comply with the requirements of legal regulations.
7.3. The provisions of Article 7.2 of these Terms and Conditions do not apply to goods sold at a lower price for a defect for which the lower price was agreed, to wear and tear of goods caused by their normal use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when taken over by the Buyer, or if this results from the nature of the goods.
7.4. If a defect appears within six months of receipt, it is assumed that the goods were defective at the time of receipt. The Buyer is entitled to assert a right from a defect that appears in consumer goods within twenty-four (24) months of receipt.
7.5. The Buyer exercises the rights from defective performance with the seller at the address of the seller’s business premises, where acceptance of the complaint is possible with regard to the range of goods sold, or possibly at the seller’s registered office or place of business.
7.6. Other rights and obligations of the parties related to the seller’s liability for defects may be stipulated in the seller’s complaints procedure.
8. Additional Rights and Obligations of the Contracting 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 seller handles consumer complaints via the email address pupova.z@centrum.cz. The seller will send information on handling the Buyer’s complaint to the Buyer’s Email Address.
8.4. The Czech Trade Inspection Authority, registered office at Štěpánská 567/15, 120 00 Prague 2, ID No.: 000 20 869, https://adr.coi.cz/cs , is competent for out-of-court settlement of consumer disputes arising from the Purchase Contract. The online dispute resolution platform located at https://ec.europa.eu/consumers/odr can be used for resolving disputes between the seller and the Buyer under the Purchase Contract.
8.5. The European Consumer Centre Czech Republic, with its registered office at Štěpánská 567/15, 120 00 Prague 2, https://www.evropskyspotrebitel.cz , is the contact point pursuant to Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC (Regulation on consumer ODR).
8.6. The seller is authorized to sell goods on the basis of a trade license. Trade licensing inspections are carried out by the competent trade licensing office within its remit. Supervision of personal data protection is performed by the Office for Personal Data Protection. Within the defined scope, the Czech Trade Inspection Authority also exercises, among other things, supervision over compliance with Act No. 634/1992 Coll. on Consumer Protection, as amended.
8.7. The Buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765(2) of the Civil Code.
9. Protection of Personal Data
9.1. The seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (“GDPR”), relating to the processing of the Buyer’s personal data for the purpose of performing the Purchase Contract, for the purpose of negotiating this contract, and for the purpose of fulfilling the public law obligations of the seller, via a separate document.
10. Sending Commercial Communications and Storing Cookies
10.1. The Buyer agrees to the sending of information related to the seller’s goods, services, or business to the Buyer’s Email Address, and further agrees to the sending of commercial communications by the seller to the Buyer’s Email Address. The seller fulfills its information obligation towards the Buyer within the meaning of Article 13 of the GDPR regarding the processing of the Buyer’s personal data for the purpose of sending commercial communications via a separate document.
10.2. The Buyer agrees to the storing of so-called cookies on their computer. In the event that a purchase on the Website can be made and the seller’s obligations under the Purchase Contract can be fulfilled without storing cookies on the Buyer’s computer, the Buyer may withdraw consent under the previous sentence at any time.
11. Delivery
11.1. The Buyer may be contacted at the Buyer’s Email Address.
12. Final Provisions
12.1. If a relationship established by the Purchase Contract contains an international (foreign) element, the parties agree that the relationship is governed by Czech law.
12.2. By choosing the law under Article 12.1 of these Terms and Conditions, the consumer is not deprived of the protection granted by the provisions of the legal order that cannot be contractually waived, and which would otherwise apply in the absence of a choice of law under 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 these Terms and Conditions is or becomes invalid or ineffective, a provision whose meaning is as close as possible to the invalid provision shall be substituted in its place. The invalidity or ineffectiveness of one provision shall not affect the validity of the other provisions.
12.4. The Purchase Contract, including the Terms and Conditions, is archived by the seller in electronic form and is not accessible.