These General Business Conditions (hereinafter “Business Conditions”) are applicable to purchasing in the internet shop of the Tomas Bata Foundation seated in Zlin, Gahurova 292, postal code 760 01, reg. No. 65822374, registered in foundation registry kept by Regional court in Brno, reference number N 96 (hereinafter “the Seller”) operated on internet address https://nadacetomasebati.cz/(hereinafter e-shop). These Business Conditions define and specify in more detail the rights and obligations of the Seller and the Buyer. Business Conditions are accessible for everyone under the e-shop.
Rights and obligations of the Seller and the Buyer follow these Business Conditions (effectual on the day of dispatching the order to the Buyer) and the Czech legal code. Legal relationships that are not explicitly arranged in these Business Conditions follow the stipulations of Act No. 89/2012 of the collection, civil code as effectively amended (hereinafter “CC”) and other related regulations.
Consumer or other person are the Buyer, whereby each person that concludes an agreement with an entrepreneur or is dealing with them in another way beyond the purview of their entrepreneurial activity or beyond the purview of independent performance of their job, is a consumer within the meaning of CC (hereinafter “Consumer”).
CONTACT DATA OF THE SELLER
Tomas Bata Foundation
seat and delivery address: Gahurova 292, 760 01 Zlin
Contract relationship between the Seller and the Buyer is defined by corresponding legal regulations and the Purchase Contract, of which these Business Conditions are a part.
The Seller’s placing offered goods on e-shop pages is an offer to conclude Purchase Contract. Purchase Contract is established in the moment when an order, properly filled and dispatched by the Buyer within the e-shop, is delivered to the Seller (hereinafter “Order”). At the same time it is considered that the valid offer of goods published on the internet pages of the Seller is made with the reservation while stock lasts or loss of Seller’s ability to fulfil.
Concluding Purchase Contract without arranging all its requirements defined in CC is in sense of stipulations of § 1726 CC excluded. Seller further exclude acceptation of offer with amendment or difference in conformity with stipulations of § 1740 par. 3) CC.
The Seller are obliged to confirm to the Buyer receipt of their order to the e-mail address given by the Buyer in their order without delay. Concurrently with such confirmation, wording of these Business Conditions is sent to the Buyer.
With concluding Purchase Contract an obligation is established for the Seller to hand over the goods to the Buyer and enable them to acquire proprietary right to the goods, an obligation is established for the Buyer to overtake the goods and pay purchase price to the Seller.
With concluding Purchase Contract the Buyer certify that they got acquainted with these Business Conditions and are aware of the fact they form inseparable part of the Purchase Contract and that they agree with them. The Buyer were notified of these Business Conditions in a sufficient way before concluding Purchase Contract itself and they had chance to get acquainted with them.
Buyer agree with using communication means at distance when concluding the Contract. Costs that arise to the Buyer at using communication means at distance in connection with concluding the Contract (as costs of internet connection, costs of phone calls and the like) are paid by Buyer themselves.
PRICE OF GOODS
The price of goods is given at each item directly in the e-shop. The price is given including all taxes and fees. Under conditions defined in these Business Conditions, the Seller charge the Buyer costs of supplying the goods to the Buyer beyond the price of the goods.
Purchase price of the goods is agreed on in each Purchase Contract under condition that height of such purchase price corresponds with the price of corresponding goods given in the e-shop in the time of Buyer’s dispatching the order.
DELIVERY OF GOODS
The Buyer can pick up the goods in person at the address of Tomas Bata Foundation, Gahurova 292, 760 01 Zlin or they can have the goods to be delivered to an address of their choice. Buyer choose the way of delivery in their order.
Way of payment of the purchase price is agreed on in Purchase Contract, namely according to Buyers choice made in their order. Buyer can pay the purchase price by bank transfer or cash on delivery.
In case of payment of purchase price as cash on delivery, the purchase price is paid by the Buyer cash when taking over the shipment, namely to the hands of carrier. Payment of purchase price is a condition of handing over the goods to the Buyer.
PASSING OF HAZARD OF ARTICLE DAMAGE, AQUISITION OF PROPRIETARY RIGHT
If the Buyer are the Consumer, proprietary rights to the goods as well as hazard of article damage passes over to the Buyer always with overtaking the goods.
If Buyer are not the Consumer, it stands that:
In case of delivery of goods to the chosen address, the Seller hand over the goods to the Buyer by handing them over to the Carrier to transport them to the Buyer and they enable the Buyer to apply rights from transport contract against Carrier, in which case the hazard of article damage passes to the Buyer who are not a Consumer with handing the article to the chosen Carrier for transporting them to the place of destination given in the order.
In case of taking over the goods in person, the proprietary right of the goods as well as hazard of damage pass over to the Buyer with overtaking the goods.
RESPONSIBILITY FOR DEFECTS
The Seller supply the goods to the Buyer in amount, quality and design as they are defined in the Purchase Contract. In case quality and design are not stipulated, the Seller fulfil in quality and design that are suitable for the purpose that is apparent from the Purchase Contract; otherwise for usual purpose.
Claims of the Buyer from defects of goods (including the way of settling a claim) follow relevant legal regulations, especially CC.
Rights from defect are applied at the Seller:
in writing at the address of Seller’s seat Gahurova 292, 760 01 Zlin,
In case the defect can be removed, the Buyer can demand either a correction or addition of what is missing or adequate discount from price. In case the defect cannot be removed and the goods cannot be used properly because of it, the Buyer can either withdraw from the Contract or claim adequate discount from price.
They who have rights according to par. 4 of this article VIII, they appertain also to compensation of costs effectively expended in claiming this right. However, if they do not apply the right of compensation within one month after expiry of the period when it is necessary to reproach the defect, the court will not acknowledge the right if the agent of purloin raise an objection, that the right of compensation has not been applied in time.
Stipulations of paragraphs 7. till 16 of this article VIII. of the Business Conditions apply exclusively to the Buyer who are the Consumer.
The Seller are responsible to the Buyer for the goods to be without defect at takeover. The seller are responsible to the Buyer especially for the goods, in time when the Buyer take them over:
To have properties that the parties stipulated and if such stipulation is absent, such properties that the Seller or producer described or that the Buyer expected in respect to the nature of the goods and based on advertisements they made,
To suit the purpose given by the Seller for their use or to which such a kind of goods are usually used,
To comply with quality or design with the agreed sample or model, in case quality or design was defined according to agreed sample or model,
To be in corresponding amount, size or weight and
To comply with requirements of legal regulations.
If the goods do not have properties stipulated in par. 7 of this article VIII. of Business Conditions, the Consumer can require even delivery of new goods without defects in case this is not inappropriate considering the nature of the defect but if the defect applies only to a part of goods, the Consumer can require only exchange of a part; in case this is not possible they can withdraw from the contract. If, considering the nature of the defect, this is disproportionate, especially if it is possible to eliminate the defect in short order, the Consumer are entitled the defect to be eliminated free of charge.
The Consumer are entitled the right of delivery of new goods or exchange of a part also in case of removable defect if they cannot use the goods properly because of repeated occurrence of the defect after the repair or because of bigger number of defects. In such case, the Consumer are entitled to withdraw from the Contract.
In case the defect shows within six months since takeover, it is held the article was defect already at takeover.
The Consumer are entitled to apply the right of defect that occurs in the goods within 24 (twenty four) months since takeover. Such right does not apply:
In goods sold for lower price for defect for which the lower price was stipulated;
To wear of goods caused by its usual use;
In case it follows the nature of the article.
In case the Consumer do not withdraw from the Contract or do not apply the right of delivery new goods without defects, of exchange of their part, or of repair of the goods, they can require adequate discount. The Consumer are entitled adequate discount also in case the Seller cannot deliver new goods without defects, exchange their parts or repair the goods as well as in case the Seller do not rectifies in adequate time or rectifying would cause the Consumer considerable difficulties.
If the goods has a defect following of which the Seller re obliged and if these are goods sold for lower price or used goods, the Consumer are entitled adequate discount instead of right of exchange of goods.
The Consumer are not entitled the right of defect fulfilment in case the Consumer knew the goods are defect before overtaking the goods or in case the Consumer caused the defect themselves.
The Seller re obliged to issue a certificate in writing to the Buyer, certifying when the Buyer applied their right and what is the content of the claim and what way of settling the claim is required by the Buyer; and further certificate of the date and way of settling the claim including certificate of repairing and date of its duration or reasons for refusing the claim in writing.
The Seller decide about claim immediately, in complicated cases within three working days. Time adequate according to the kind of goods or service needed for expert evaluation of the defect is not included in such period. The claim including removal of the defect must be settled in short order, within 30 days since the date of applying the claim at latest, if the Seller and the Buyer do not agree on longer period. The Seller inform the Buyer about settling the claim in writing, within 30 days from applying the claim at latest.
CONSUMER’S RIGHT OF WITHDRAWAL FROM PURCHASE CONTRACT
Stipulations of this article 9. of the Business Conditions apply exclusively to the Buyer who are the Consumer.
The Consumer are entitled to withdraw from the Purchase Contract without giving any reason within the period of 14 days. The period of time according to the first sentence starts with takeover of the goods, in which case if the object of the Purchase Contract is delivery of several kinds of (items) goods, the time period starts since the day of overtaking the last supply of goods. Withdrawal term is considered observed in case the Consumer dispatch withdrawal from the contract to the Seller on its last day at latest.
In case the Consumer withdraws from the Purchase Contract, they send or hand over the goods he received from them to the Seller in short order, within fourteen days since withdrawal from the purchase order. In such a case, the costs of return of the goods in question to the Seller carry the Consumer.
In case the Consumer withdraw from the Purchase Contract the Seller return to them all financial means including costs of delivering the goods they have accepted from them based on the Purchase Contract, in the same way, in short order, within fourteen days since withdrawal from the Purchase contract at latest. The Seller return received financial means to the Consumer in a different way only if the Consumer agreed with it and in case no other costs arise to them with it.
The Consumer are responsible to the Seller only for decrease of price of goods in question that had arisen due to handling these goods in a different way than it is necessary to handle them regarding their nature and properties.
In case the Consumer withdraw from Purchase Contract the Seller are not obliged to return received financial means to the Consumer before the Consumer hand over the goods to them or prove they have dispatched the goods to the Seller.
In compliance with appropriate stipulations of CC, the Seller notify the Consumer that the Consumer are entitled (however not obliged) to use the form for withdrawal from the Purchase Contract for withdrawal from the Purchase Contract in sense of this article of the Business Conditions, the sample of which is an attachment of Business Conditions.
SETTLING OF CONSUMER DISPUTES
Ceska obchodni inspekce seated in Stepanska 567/15, 120 00 Praha 2, Reg. No.: 000 20 869, internet address: http://www.coi.cz is authorized to out-of-court settlement of consumer disputes (i.e. especially disputes related to Purchase Contract).
Purchase Contract can be concluded in the Czech language.
The Seller archive individual Purchase Contracts after their concluding in electronic form and they are accessible only to the Seller or subject charged with archiving.
The Seller are entitled to change the Business Conditions any time. However the Business Conditions are valid in wording effective on date of concluding the Purchase Contract in question for the concrete Purchase Contract.
These Cusiness Conditions come into effect on 3. 8. 2020