Business conditions of the company Tomáš Sedláček - RESTDAY
These terms and conditions apply to purchases in online stores operated by Tomáš Sedláček - RESTDAY
The conditions further define and specify the rights and obligations of the seller, which is the company
Tomas Sedlacek - RESTDAY
Napajedelská 226 (NEW ADDRESS)
Otrokovice 765 021
Company ID: 18747078
and the buyer (customer, consumer).
All contractual relations are concluded in accordance with the law of the Czech Republic. If the contracting party is a consumer, the relations not regulated by the business conditions are governed by the Civil Code (No. 40/1964 Coll.) And the Consumer Protection Act (No. 634/1992 Coll.). If the contracting party is not the consumer, the relations not regulated by the business conditions are governed by the Commercial Code, No. 513/1991 Coll., All as amended.
A consumer contract is a purchase contract, a contract for work, or other contracts if the contracting parties are the consumer on the one hand and the supplier on the other.
The seller is the company Tomáš Sedláček - RESTDAY, Napajedelská 226, Otrokovice 765 02. Tomáš Sedláček - RESTDAY, is a person who acts in concluding and fulfilling the contract within its business or other entrepreneurial activity. It is an entrepreneur who directly or through other entrepreneurs supplies the buyer with products or provides services.
The customer of our online store is the buyer. Due to the valid legal regulation, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
The buying consumer or just the consumer is a person who does not act within the scope of his business or other entrepreneurial activity when concluding and fulfilling the contract.
A non-consumer buyer 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 to the extent that apply to him and the Commercial Code.
If the buyer is a consumer, the proposal to conclude a purchase contract is the placement of the offered goods by the supplier on the site, the purchase contract is created by sending the order by the buyer-consumer and acceptance of the order by the supplier. The supplier will immediately confirm this acceptance to the buyer by an informative e-mail to the specified e-mail, but this confirmation does not affect the formation of the contract.
The resulting contract (including the agreed price) can be changed or canceled 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 and the purchase contract itself is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal.
By concluding the purchase contract, the buyer confirms that he has read these terms and conditions, including the complaint procedure, and that he agrees with them. The buyer is sufficiently informed of these terms and conditions and the complaint procedure before the actual execution of the order and has the opportunity to become acquainted with them.
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 is obliged to request additional 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 goods are no longer produced or delivered or the price of the supplier of the goods has changed significantly. In the event that the Buyer has already paid part or all of the purchase price, this amount will be transferred back to his account or address and the Purchase Agreement will not be concluded.
Gifts that are provided completely free of charge cannot be subject to any consumer rights. Such goods meet the conditions of the Donation Agreement and all standards according to the valid legislation of the Czech Republic.
Conflict with the purchase agreement
In the event that the item is not in accordance with the purchase contract upon receipt by the buyer (hereinafter "conflict with the purchase contract"), the buyer has the right to sell the item free of charge and without undue delay to the condition corresponding to the purchase contract, as required the buyer either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may request a reasonable discount on the price of the item or withdraw from the contract.
This does not apply if the buyer knew about the conflict with the purchase contract before taking over the thing or caused the conflict with the purchase contract himself. A discrepancy with the purchase contract, which manifests itself within six months from the date of taking over the thing, is considered to be a conflict already existing at the time of taking over, unless it contradicts the nature of the thing or unless proven otherwise.
The Consumer's right to withdraw from the contract
If the purchase contract is concluded by means of distance communication (in an online store), the consumer has the right to withdraw from the contract within 14 days of receipt of the goods in accordance with § 53 paragraph 7 of the Civil Code.
In such a case, the consumer contacts the seller and preferably states in writing that he withdraws from the contract, stating the order number, the date of purchase and the account number for the refund. Note: Money can also be returned in cash at the branch at K Pasekám 624, Zlín, 76001. Withdrawal from the contract must be delivered no later than the last day of the 14-day period.
However, this provision of the law cannot be understood as a possibility of free lending of goods. In the case of exercising the right to withdraw from the contract within 14 days of taking over the performance, the consumer must give the supplier everything he has 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 must provide monetary compensation in return for what can no longer be issued. 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 is obliged to prove the damage. In such a case, the seller returns to the consumer only the reduced purchase price.
In addition, the Seller may offset its actual costs incurred in returning the Goods from the purchase price to be refunded to the Buyer.
The consumer does not have the right to withdraw from the contract, in the case of contracts:
for the provision of Services, if their performance was started with his consent before the expiration of the period of 14 days 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 this 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 the account.
Protection of personal data
Information about customers is stored in accordance with applicable laws of the Czech Republic, in particular the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations. By concluding the contract, the buyer agrees to the processing and collection of his personal data in the seller's database after the successful fulfillment of the contract until his written expression of disagreement with this processing.
The buyer has the right to access their personal data, the right to correct them, including other legal rights to this data. Personal data can be removed from the database based on a written request from the customer. Personal data of customers are fully protected against abuse. The supplier does not pass on personal customer data to any other person. An exception is external carriers to which customers' personal data are transferred to the minimum extent necessary for the delivery of goods.
Individual contracts are archived by the operator 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. After its confirmation, the consumer's order is archived as a concluded contract between the buyer and the seller for the purpose of its fulfillment 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 this is the reason for the impossibility of concluding it. By purchasing, the customer agrees to the sending of commercial messages.
These terms and conditions allow the consumer to archive and reproduce them. At the time of concluding the purchase contract, the buyer accepts all provisions of the terms and conditions as valid 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 conditions take effect on 11.11. 2011