Terms and Conditions of the company Tomas Sedlacek - RESTDAY
These Terms and Conditions apply to purchases in the e-shops operated by the company Tomas Sedlacek - RESTDAY
The conditions further define and specify the rights and obligations of the Seller, which is the company
Tomas Sedlacek - RESTDAY
Pod Vodojemem 3301
Zlín 760 01
VAT number: 6812181739
and the Buyer (Customer, Consumer).
All contractual relationships are concluded in accordance with the laws of the Czech Republic. If the Contracting Party is a Consumer, the relationships not regulated by the Terms and Conditions are governed by Act No. 40/1964 of the Czech Civil Code and by the Consumer Protection Act No. 634/1992. If the Contracting Party is not the Consumer, the relations not regulated by the Terms and Conditions are governed by the Commercial Code, No. 513/1991, all as amended.
A Consumer Contract can be a purchase contract, a contract for work, or other contracts if the contracting parties are: Consumer and Supplier.
The Seller is the company Tomas Sedlacek - RESTDAY, Pod Vodojemem 3301, Zlín 760 01. Tomáš Sedláček - RESTDAY, is a person who acts within the scope of his business or other entrepreneurial activity when concluding and fulfilling a contract. He is an entrepreneur who directly or through other entrepreneurs supplies the Buyer with products or provides services.
The Customer of our on-line store is the Buyer. According to the applicable legislation, there is a difference between a Buyer who is a Consumer and a Buyer who is not a Consumer.
The Consumer Buyer or only the Consumer is a person who does not act within the scope of his/her business or other entrepreneurial activity when concluding and fulfilling the contract.
A Buyer who is not a Consumer is an entrepreneur who purchases products or uses services for the purpose of his business with those products or services. This Buyer is governed by the Terms and Conditions applicable to him and he also complies with the Commercial Code.
If the Buyer is a Consumer, then: the placement of the offered Goods by the Supplier on the website is perceived as a proposal to conclude a purchase contract. The purchase contract is concluded when the Buyer-Consumer sends the order to the Supplier and the Supplier accepts it. The Supplier will immediately confirm his acceptance to the Buyer by an informative e-mail to the given e-mail address, but this confirmation does not affect the contract.
The resulting contract (including the agreed price) can be changed or cancelled only by agreement of the parties or on legal grounds.
If the Buyer is not a Consumer, the proposal for concluding the purchase contract is the sent order of Goods by the Buyer. The purchase contract itself is concluded at the moment of delivery of the binding consent with this proposal (from the Seller to the Buyer).
By concluding the purchase contract, the Buyer confirms that he/she became acquainted with these Terms and Conditions (including the complaint procedure) and that he/she agrees with them. The Buyer is sufficiently informed of these Terms and Conditions and the complaint procedure before the actual execution of the order. The Buyer has the opportunity to become acquainted with the Terms and Conditions.
The period for settling complaints is suspended if the Seller has not received all the documents necessary for settling the complaint (parts of Goods, other documents, etc.). The Seller shall request the needed documents from the Buyer in the shortest possible time. The deadline is suspended from this date until the delivery of the requested documents by the Buyer.
The Seller reserves the right to cancel the order or part thereof before concluding the purchase contract, based on an agreement with the Buyer, in the following cases: the demanded Goods are no longer produced or delivered or the price of the Supplier of the Goods has changed significantly. If the Buyer has already paid part or total of the purchase price, the amount shall be transferred back to the Buyer’s account or address and the Purchase Agreement will not be concluded.
Gifts that are provided for free are not subject to any Consumer’s rights. Such Goods meet the conditions of the Donation Agreement and respect all applicable laws of the Czech Republic.
If the received Goods do not conform with the contract (hereinafter "Lack of conformity with the purchase contract"), the Buyer may require the Seller to remedy the lack of conformity by repair or replacement of the Goods free of charge and without undue delay. If this is not possible, the Buyer is entitled to have an appropriate reduction in the price of the Goods or to withdraw from the contract.
The above mentioned procedure does not apply if the Buyer knew about the Lack of conformity with the purchase contract before acceptance of the Goods or he/she caused it him/herself. The Lack of conformity with the purchase contract, which manifests itself within six months from the date of acceptance of the Goods is considered to have been already existing at the time of the acceptance of the Goods, unless it contradicts the nature of the Goods or unless proven otherwise.
If the purchase contract is concluded by means of distance communication (in case of an e-shop), the Consumer has the right to withdraw from the contract within 14 days of the acceptance of the Goods in accordance with Section 53 par. 7 of the Czech Civil Code.
In such a case, the Consumer shall notify the Seller of his/her intention to withdraw from the contract in writing. The written withdrawal shall include the order number, the date of purchase and the account number for the refund. The withdrawal from the contract must be delivered no later than the last day of the 14-day period. Note: The money can also be refunded in cash at the Restday office at Napajedelská 226, Otrokovice 765 02.
However, the above mentioned provision of the law cannot be understood as a possibility of free lending of Goods. If the Consumer exercises the above mentioned right of withdrawal, he/she shall return to the Supplier everything he has/she obtained on the basis of the purchase contract. If this is no longer possible (eg in the meantime the Goods have been destroyed or consumed), the Consumer shall provide monetary compensation in return for what can no longer be returned. If the returned Goods are only partially damaged, the Seller may claim damages from the Consumer and set off his claim against the returned purchase price. In such a case, the Seller shall prove the damage and consequently, the Seller returns to the Consumer only the reduced purchase price.
The Seller is allowed to reduce the refunded purchase price by his actual costs incurred in returning the Goods.
The performance of the Contract for the Services was already started with Consumer’s consent and within the 14 days period from the acceptance of the performance.
The Seller reserves the right to cancel the order for Goods marked with the term "Currently unavailable" if the Goods can no longer be delivered or replaced with another model or if its price has changed significantly and the Customer does not accept it before the purchase contract. The Seller informs the Customer about this situation. If part or all of the order has been paid, the Customer's money will be returned to his/her account.
Information about Customers is saved in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 as amended. By concluding the contract, the Buyer agrees to the processing and collection of his/her personal data in the Seller's database once the contract is successfulyfulfilled. This agreement is valid until the Buyer expresses his/her disagreement with this processing in writing.
The Buyer has all legal rights concerning his/her personal data, which include the right to access and correct them. Personal data can be removed from the database based on a written request from the Customer (Buyer). All personal data of Customers are fully protected against abuse. The Supplier shall not pass on personal data of Customers to any third party with the exception of external carriers to which Customers' personal data are transferred in the minimum extent necessary for the delivery of Goods.
Individual contracts are saved by the Seller after their conclusion in electronic form and are accessible only to the store operator.
These Terms and Conditions are valid as stated on the Seller's website, on the day of concluding the purchase contract. The confirmed Consumer's order is saved as concluded contract between the Buyer and the Seller for the purpose of its fulfilment and further records, and its status is accessible to the Buyer. The contract may be concluded in the Czech language, or in other languages, unless they create an obstruction to the concluding of the contract. By purchasing, the Customer agrees to the sending of commercial messages.
These Terms and Conditions are available to the Consumers for their own personal records and may be reproduced. Upon concluding the purchase contract, the Buyer accepts all provisions of the Terms and Conditions as amended on the day of sending the order, including the price of the ordered Goods specified in the confirmed order, unless demonstrably agreed otherwise in a particular case.
These Terms and Conditions take effect on 11/11/2011