These Terms and Conditions apply to purchases in e-shops operated by Atelier design MM s.r.o. from 1 January 2014.
The Terms and Conditions further stipulate and specify the rights and obligations of the Seller, i.e. Atelier design MM s.r.o., a company with its registered office at Popovice 4, 250 01 Brandýs nad Labem, Id. No.: 25752499, registered in the Commercial Register, Section C, Inset 67051, kept by the registry court in Prague, and of the Buyer (customer, consumer).
All the contractual relationships are established in conformity with the laws of the Czech Republic. Where the Buyer is a consumer, any relationships not regulated by the Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.) and the Consumer Protection Act (Act No. 634/1992 Coll.). Where the Buyer is a person other than a consumer, any relationships not regulated by the Terms and Conditions shall be governed by the Civil Code (Act No. 89/2012 Coll.).
Seller means trading and manufacturing company Atelier design MM s.r.o., with its registered office at Popovice 4, 250 01 Brandýs nad Labem, Id. No.: 25752499, registered in the Commercial Register kept by the Municipal Court in Prague, Section C, Inset 67051. Atelier design MM s.r.o. is a person who acts within its commercial or other business activity when entering into and performing the contract. The company is an entrepreneur who supplies products or provides services to the Buyer either directly or through other entrepreneurs.
Each customer of our e-shop is denoted as the Buyer. In view of the applicable legal regulations, differentiation is made between a buyer who is a consumer and a buyer who is not a consumer.
A buyer who is a consumer – also referred to only as a consumer – is any individual who, outside his trade, business or profession, enters into an agreement or has other dealings with an entrepreneur.
A buyer who is not a consumer is an entrepreneur. An entrepreneur is deemed to mean any person who enters into agreements related to his own commercial, manufacturing or similar activities, or within his trade, business or profession, or a person acting on behalf or on the account of an entrepreneur.
If the Buyer is a consumer, the displaying of the offered goods by the supplier on the website represents a proposal to enter into a purchase contract (an offer); the purchase contract is made once the Buyer who is a consumer sends his purchase order and the supplier accepts the order. The supplier shall confirm the acceptance to the Buyer without delay by means of an information e-mail sent to the set e-mail address. A contract that has been concluded (including the agreed price) may be modified or cancelled only based on agreement of the parties or on statutory grounds.
Before a purchase order is sent to the Seller, the Buyer can check and modify the data that he specified in the order, with a view to allowing him to determine and correct any mistakes made when filling in the order. The Buyer sends the purchase order to the Seller by clicking on the button “Send Order”.
If the Buyer is not a consumer, the purchase order for goods sent by the Buyer represents a proposal to enter into a purchase contract and the actual purchase contract is made upon delivery of the Seller’s binding approval of the proposal to the Buyer.
By executing the purchase contract, the Buyer confirms that he has become acquainted with these Terms and Conditions, including the Complaint Rules, and that he agrees with them. The Buyer is sufficiently advised of these Terms and Conditions and the Complaint Rules before the actual order is made and has the opportunity to become acquainted with them.
The running of the period for resolution of complaints is suspended if the Seller is not provided with all the underlying documents required for addressing the complaint (parts of goods, other underlying materials, etc.). The Seller is obliged to request the Buyer to supplement the underlying documents as soon as possible. The said period is suspended from this date until the Buyer supplies the required underlying documents.
The Seller reserves, inter alia, the right to cancel an order or its part before the purchase contract is concluded, based on agreement with the Buyer, in the following cases: the goods are no longer manufactured or supplied or the price charged by the supplier of the goods has markedly changed. If the Buyer has already paid the whole purchase price or its part, the relevant amount shall be refunded to the Buyer’s account or address and the purchase contract is not concluded.
Rights arising from defective performance
The rights and obligations of the parties in respect of any defective performance shall be governed by the applicable generally binding regulations (especially Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of Act No. 89/2012 Coll., the Civil Code).
The Seller is responsible to a consumer that the given thing has no defects at the time of its takeover. In particular, the Seller is responsible to the consumer that at the time when the consumer takes over the given thing:
- the thing has the properties agreed by the parties and, in the absence of such an agreement, properties which the Seller or manufacturer described, or which the Buyer (consumer – trans.) expected given the nature of the goods concerned and the advertising presented by the Seller or manufacturer;
- the thing is suitable to be used for the purpose stated by the Seller or for which the thing of such a kind is usually used;
- the thing’s quality or design corresponds to the agreed sample or model if such quality or design was determined on the basis of an agreed sample or model;
- the thing has the quantity, amount or weight; and
- the thing meets the requirements stipulated by the legal regulations.
If a thing lacks the aforesaid properties, the consumer may also request the supply of a new thing without defects unless this would be disproportionate to the nature of the defect, but where the defect only concerns a component of the thing, the consumer may only request replacement of that component; if this is impossible, he may withdraw from the contract. If, however, this would be disproportionate to the nature of the defect, in particular where the defect can be removed without undue delay, the consumer has the right to have the defect removed free of charge. Even where a defect is removable, the consumer is entitled to have a new thing supplied or a component replaced if he cannot use the thing properly due to the repeated occurrence of the defect after a repair or due to a larger number of defects. In this case, the consumer also has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or exercise his right to have a new defect-free thing supplied, its component replaced or the thing repaired, he may request a reasonable discount. The consumer also has the right to a reasonable discount where the Seller cannot supply a new defect-free thing to him, replace a component of or repair the thing, as well as if the Seller fails to provide for a remedy within a reasonable time or where such a remedy would cause substantial difficulties to the consumer.
The Buyer (consumer - trans.) also does not have the right arising from a defective performance if, before the takeover of the thing, he was aware that the thing had a defect, or if it was caused by the Buyer (consumer - trans.) himself.
The consumer is entitled to exercise the right arising from a defect which occurs in consumer goods within twenty-four months from the takeover. If the defect becomes apparent within six months from takeover, the thing shall be presumed to have already been defective upon takeover.
The Seller’s Complaint Rules may provide for further rights and obligations of the parties related to the Seller’s liability for defects.
Personal data protection
Information on customers is maintained in conformity with the applicable laws of the Czech Republic, especially Act No. 101/2000 Coll., on personal data protection, as later amended. By executing the contract, the Buyer agrees with processing and gathering of his personal data in the Seller’s database following a successful performance of the contract unless and until the Buyer expresses his disagreement with further processing in writing.
The Buyer has the right to access his personal data, the right to have the data corrected and other statutory rights pertaining to these data. Personal data may be removed from the database based on written request of the customer. The customers’ personal data are fully secured against any misuse. The supplier does not transfer the customers’ personal data to any other persons. By way of exemption, this does not apply to external transport companies, to which the customers’ personal data are submitted to the minimum extent necessary for the delivery of goods.
After execution, the individual contracts are filed by the operator in electronic form and they are accessible only to the e-shop operator.
Costs of using means of distance communication
The Buyer agrees with the use of means of distance communication in execution of the purchase contract. Any costs incurred by the Buyer in the use of means of distance communication in relation to execution of the purchase contract (costs of internet connection, telephone charges) shall be borne by the Buyer himself.
The Seller addresses consumer complaints via e-mail address info(zavinac)4showroom(tecka)com. The Seller sends information on the manner of addressing any Buyer’s complaint to the Buyer’s e-mail address.
The Seller is authorised to sell goods based on a trade licence. The operation of trade is controlled by the competent trade authority within its jurisdiction. Supervision over the area of personal data protection is performed by the Office for Personal Data Protection. To the relevant extent, the Czech Trade Inspection Authority performs, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection, as amended.
These Terms and Conditions are applicable in the version displayed on the Seller’s website on the date of execution of the purchase contract. After confirmation, a purchase order placed by a consumer is filed as a contract executed between the Buyer and the Seller with a view to its performance and keeping of further records, and its status is accessible to the Buyer. The contract may be concluded in the Czech language and also in other languages, if appropriate, unless this would render its execution impossible. By effecting the purchase, the Buyer agrees that commercial communications may be sent to him.
Consumers can archive and reproduce these Terms and Conditions. Upon execution of the purchase contract, the Buyer accepts all the provisions of the Terms and Conditions in the version applicable on the date when the purchase order is sent, including the price of the ordered goods set out in the confirmed order, unless demonstrably agreed otherwise in a given case.
These Terms and Conditions enter into effect on 1 January 2014.