Pavel Tošovský, PT model
Based in: Boženy Němcové 205, 55203 Česká Skalice, Czech Republic
Identification No: 68231377
For selling goods by means of e- shop which is accessible at WWW.PTmodel.cz
1/ INTRODUCTORY PROVISIONS
These General Trade Conditions (hereinafter referred to as „GTC“) issued by the trading company PT model, based in: Boženy Němcové 205, 55203 Česká Skalice, Czech Republic, identification No: 68231377 (hereinafter referred to as „Seller“) adjust in accordance with the provisions of section 1751 subsection 1of Act. No. 89/2012 Coll., Civil Code (hereinafter referred to as „Civil Code“) mutual rights and obligations of the parties arising in connection with or under a purchase agreement (hereinafter referred to as „Purchase Agreement“) concluded between the Seller and another natural person (hereinafter referred to as „Buyer“) by means of Seller's online shop. The online shop is operated by the Seller on a web page at WWW.PTmodel.cz/WWW.PTmodel.eu (hereinafter referred to as „Web Page“), through a web interface (hereinafter referred to as „Web Interface “).
GTC do not apply to cases when the person intending to buy goods from the Seller is a legal entity or a person ordering goods in the course of his/her business or independent exercise of professional activities.
Any derogations from GTC can be agreed upon in the Purchase Agreement. Derogations in the Purchase Agreement shall prevail over the GTC.
Provisions of GTC are an integral part of the Purchase Agreement. The Purchase Agreement and the terms and conditions are written in Czech. The Purchase Agreement may be concluded in the Czech language.
GTC may be changed or amended by the Seller. This provision shall not affect the rights and obligations arising during the effective period of the previous version of terms and conditions.
2/ USER ACCOUNT
Upon the Buyer´s registration on the website, the Buyer can access his/her user interface. The Buyer can order goods from his/her user interface (hereinafter referred to as “User Account “). If the Web Interface allows the Buyer may also order goods without registration directly from the Web Interface of the shop.
When registering on the website and ordering goods the Buyer is obliged to provide correct and true information. The Buyer is obliged to keep the User Account data up to date. The User Account data and the data provided by the Buyer during the order procedure are deemed by the Seller to be correct and up to date.
Access to the User Account is secured by a user name and a password. The Buyer is obliged to maintain confidentiality regarding the information necessary to access the User's Account.
The Buyer shall not allow the use of his User Account to third parties.
The Seller may delete a User Account, especially if the User Account has not been used in the past 120 days or if the Buyer breached the obligations arising from the Purchase Agreement (including GTC).
The Buyer hereby agrees that the User Account may not be accessible at all times, mainly with regard to the necessary hardware and software equipment maintenance of the Seller or third parties.
3/ CONCLUDING A PURCHASE AGREEMENT
All goods presentations in the Web Interface of the shop is informative and the Seller is not obliged to conclude a purchase agreement regarding these goods. The provision of section 1732 subsection 2 of the Civil Code does not apply.
Web interface provides information about the goods including the prices of individual products and the costs to return the products if these products, by their nature, cannot be returned by post as usual. Goods prices include VAT and all related charges. Goods prices remain in force as long as they are displayed on the Website of the shop. This provision does not affect the right of the Seller to conclude a Purchase Agreement under individually negotiated conditions.
Web Interface also contains information about the costs of packaging and delivery. Information about the costs associated with packaging and delivery of the goods listed on the Website of the shop only applies to cases when the goods are delivered within the selected territory.
To order goods, the Buyer fills in an order form on the Website of the shop. The order form contains especially information:
on the ordered goods ( the Buyer “puts” the ordered goods into an electronic shopping cart on the Website of the shop)
on the manner of payment for the ordered goods, details of the desired method of delivery
on the costs associated with the delivery of goods (hereinafter collectively referred to as “Order”).
Before sending the Order to the Seller, the Buyer can check and modify the data in his/her Order so that the Buyer has the possibility to detect and correct errors made when entering the data in the order form. The buyer sends the Order by clicking on “send the order ". The information specified in the Order is deemed by the Seller to be correct. The Seller shall, upon receipt of the Order, inform the Buyer on his/her email address specified in his/her User Account or in the Order (hereinafter referred to as “E-mail Address of the Buyer“).
The Seller is always entitled to, depending on the nature of the Order (quantity of goods, purchase price, estimated shipping costs) to ask the Buyer for additional confirmation (e.g. in writing or by telephone).
The contractual relationship between the Seller and the Buyer arises at the moment when the Seller notifies the Buyer by electronic mail on the Buyer´s Email Address that he accepts the Order (acceptance).
The Buyer agrees to use remote means of communication when concluding the Purchase Agreement. Any costs incurred by the Buyer when using remote communication in connection with concluding the Purchase Agreement (the costs of Internet access, telephone costs) are paid by the Buyer, and these costs do not differ from the standard rate.
4/ PRICE AND PAYMENT TERMS
The payment of the purchase price is made in CZK or EUR.
The price of the goods and any costs associated with the delivery of the goods according to the Purchase Agreement may be paid to the Seller in following ways:
- in cash on delivery in the place specified by the Buyer in his/her Order
- through a bank transfer to the Seller´s bank account CZK: 2200732619/2010, EUR: 2700732623/2010 (IBAN: CZ0320100000002700732623, SWIFTCODE: FIOBCZPPXXX) in the company Fio banka
The chosen manner of payment can only be changed with the agreement of the Seller once the Order has been placed.
Together with the purchase price, the Buyer shall pay the costs associated with packaging, delivery of goods at an agreed rate and the costs associated with payment. Unless expressly stated otherwise, the purchase price includes the costs associated with the delivery of the goods.
The Seller does not require a deposit or another similar payment from the Buyer. This is without prejudice to the provision of Art. 4.7. of terms and conditions concerning the obligation to pay the purchase price in advance.
In the case of payment in cash on delivery, the purchase price is payable upon the receipt of the goods. In the case of cashless payment the purchase price is payable within 10 days of concluding the Purchase Agreement.
In the case of cashless payment, the Buyer is obliged to use a variable code of the payment when paying the purchase price. In the case of cashless payment, the Buyer´s obligation to pay the purchase price is fulfilled at the moment when the corresponding amount is added to the Seller´s account.
The Seller is entitled, in particular if the Buyer does not additionally confirm the Order (Art. 3.6), to require payment of the full purchase price before sending the goods to the Buyer. The provision of section 2119, subsection 1 of the Civil Code shall not be applied.
Potential discounts provided by the Seller cannot be combined.
If it is customary in the trade or if it is stipulated by generally binding legal regulations the Seller shall issue a tax document regarding payments based on the Purchase Agreement – an invoice. The Seller is a VAT payer. The tax document – invoice is issued by the Seller after the payment of the price of the goods and it is sent electronically to the Buyer's Email Address.
5/ WITHDRAWAL FROM THE PURCHASE AGREEMENT
The Buyer acknowledges that, pursuant to the provision of section1837 of the Civil Code, it is not possible, among others, to withdraw from a purchase agreement for the supply of goods that have been adjusted according to the wishes of the Buyer or for him/her personally, from a purchase agreement for the supply of goods that are subject to rapid deterioration, as well as goods which were irrevocably mixed with other goods after being delivered, from a purchase agreement for the supply of sealed goods which were removed from their packaging and it is not possible to return these goods for hygiene reasons, from a purchase agreement for the supply of audio or video recordings or a computer programme if their original packaging is opened.
In the case of withdrawal from the agreement pursuant to Art. 5.2 of terms and conditions the Purchase Agreement is cancelled from the beginning. The goods must be returned to the Seller within fourteen (14) days of receiving the withdrawal. If the Buyer withdraws from the agreement he/she bears the costs of returning the goods to the Seller, even if the goods cannot be, by their nature, returned by post.
In the case of withdrawal pursuant to Art. 5.2 the Seller returns the money received from the Buyer within fourteen (14) days of the withdrawal and in the same way as the Seller received it from the Buyer. The Seller is also entitled to return the money upon receiving the returned goods or in another way if the Buyer agrees and if that does not mean any additional costs for the Buyer. If the Buyer withdraws from the agreement the Seller is not obliged to return the received money before the Buyer returns the goods or proves that the goods have been sent to the Seller.
The Seller is entitled to unilaterally set off his/her claim to damages caused to the goods against the Buyer´s claim to refund.
If the Buyer has the right to withdraw from the Purchase Agreement in accordance with the provision of section 1829 subsection 1 of the Civil Code the Seller is also entitled to withdraw from the Purchase Agreement at any time until the goods are received by the Buyer. In such a case the Seller returns the purchase price, without undue delay, via bank transfer to the account specified by the Buyer.
If the Buyer receives a gift together with the goods, the gift agreement between the Seller and the Buyer is concluded with a condition subsequent: if the Buyer withdraws from the Purchase Agreement the gift agreement regarding such a gift loses its efficiency and the Buyer is obliged to return the gift together with the goods.
6/ TRANSPORT AND DELIVERY – DELIVERY CONDITIONS
If the agreed manner of transport is based on a special requirement of the Buyer the Buyer also bears the risks and potential additional costs associated with this way of transport.
If the Seller is obliged, in compliance with the Purchase Agreement, to deliver the goods to the place specified by the Buyer in the purchase Order the Buyer is obliged to accept the goods on delivery.
If the Buyer is responsible for the fact that the goods need to be delivered repeatedly or in a different way than stated in the Order the Buyer is obliged to pay the costs associated with repeated delivery of goods, respectively the costs associated with a different delivery method.
When taking over the goods from the transport contractor the Buyer is obliged to check the integrity of the packaging and to notify the transport contractor immediately if there is any damage. The Buyer does not have to take over the goods if the damaged packaging indicates unauthorised opening.
Other rights and obligations of the parties concerning the transport of goods can be modified by the Seller´s specific delivery conditions if the Seller issues them.
7/ DEFECTIVE PERFORMANCE
The rights and obligations of the parties regarding defective performance are governed by generally binding regulations (in particular by provisions of section 1914 to 1925, section 2099 to 2117 and section 2161 to 2174 of the Civil Code).
The Seller is liable to the Buyer for a defect-free condition of goods upon takeover. In particular, the Seller is liable to the Buyer that at the time the Buyer takes over the goods:
the goods have the properties agreed on by the parties, and in the absence of such an agreement such properties which the Seller or the producer described or which the Buyer expected given the nature of the goods concerned and the advertising presented by them.
the goods are suitable to be used for the purpose stated by the Seller or for the purpose which goods of such kind are usually used for
the goods have the right quantity, measurement or weight and
the goods comply with the legal requirements.
The provisions referred to in Article. 7.2 of terms and conditions do not apply to faulty goods sold at a lower price when the lower price was negotiated on the basis of that fault; the wear and tear of the goods caused by common use; regarding used goods the fault corresponding to the extent of use or wear and tear which the goods had when received by the Buyer or which is the consequence of the nature of the goods.
Shall a defect manifest itself within six months of the takeover, it is assumed that the goods were defective at the time of the takeover. The Buyer is entitled to exercise his/her right regarding a fault arising in consumer goods within 24 months of the takeover. The above stated does not apply to:
a faulty product sold at a lower price when the lower price was negotiated on the basis of that fault.
the wear and tear of the product caused by its common use
regarding a used product, the fault corresponding to the extent of use or wear and tear which the product had when received by the Buyer or
consequence of the nature of the goods
The rights resulting from defective performance are exercised by the Buyer by email or phone.
8/ PERSONAL DATA PROTECTION
Personal data of the Buyer who is a natural person is protected according to Act no. 101/2000 Coll., On Personal Data Protection, as amended.
The Buyer agrees to processing of his/her personal data: first name and surname, address, identification number, tax identification number, email address, phone number, postal address, bank connection (hereinafter collectively referred to as “Personal Data“).
The Buyer agrees that the Seller will process his/her Personal Data for the purpose of realization of rights and obligations under the agreement and for the purpose of maintaining User Account. Unless the Buyer chooses otherwise he/she also agrees to processing of Personal Data by the Seller for the purpose of sending commercial messages and information to the Buyer. Consent to the processing of Personal Data in their entirety under this Article is not a condition which would in itself made it impossible to conclude a Purchase Agreement.
The Buyer is aware of the fact that he/she is obliged to state true and correct Personal Data ( when registering, in his/her User Account, when ordering from the Web Interface of the shop) and that he/she is obliged to inform the Seller about changes in his/her Personal Data without undue delay.
The Seller may appoint a third party to process Personal Data. With the exception of a transport contractor, the Seller shall not forward Personal Data to third parties without prior consent of the Buyer.
The Seller as a Personal Data processor is a Data controller at the same time and the obtained data shall be processed safely preventing their abuse. Personal Data shall be stored in a secured database. Personal Data shall be processed in an electronic form by automated means or in a printed form by other than automated means.
The Buyer confirms that the personal information is accurate and that all Personal Data were provided to the Seller voluntarily.
If the Buyer thinks the Seller or processor (Art. 8.5) performs the processing of his/her Personal Data that are inconsistent with the protection of private and personal life of the Buyer or against the law, especially if the Personal Data are inaccurate with regard to the purpose of their processing, the Buyer can:
ask the Seller or processor for explanation
ask the Seller or the processor to rectify the situation.
If the Buyer requests information regarding the processing of his/her Personal Data the Seller must deliver this information. The Seller has the right to require reasonable compensation not exceeding the costs of providing this information.
9/ SENDING COMMERCIAL MESSAGES AND SAVING COOKIES
The Buyer agrees to receive information related to the goods, services or the company of the Seller to the Buyer's Email Address. The Buyer agrees to receive commercial messages of the Seller to the Buyer’s e-mail address.
The Buyer agrees to saving so called cookies on his/her computer. Should it be possible to carry out the entire ordering process and to meet all obligations of the Seller arising from the Purchase Agreement without the need of saving cookies on the Buyer’s computer (e.g. by switching on private browsing mode on his/her search engine), the Buyer may withdraw the agreement for saving cookies on his/her computer at any time.
The parties can send all their written communication by electronic mail.
The Buyer shall send mail to the Seller´s email address specified in these GTC. The Seller shall send mail to the email address of the Buyer specified in his User Account or in the Order.
11/ FINAL PROVISIONS
If the relationship arising from the Purchase Agreement includes an international (foreign) element the parties agree that the relationship is governed by Czech law. This does not affect the rights of consumers resulting from generally binding regulations.
If any provision of terms and conditions is or becomes invalid or ineffective another provision shall be used instead the meaning of which is as close as possible to the original invalid one. The invalidity or unenforceability of one provision is without prejudice to the validity of the remaining provisions. Amendments and supplements to the Purchase Agreement or terms and conditions must be in written form.
All disputes arising from concluding the Purchase Agreement which were not settled out-of-court shall be dealt with by the District Court in Náchod.
All rights to the Seller´s websites, especially copyright regarding their content including website layout, photos, films, graphic, trademarks, logo and other content and elements belong to the Seller. It is forbidden to copy, modify or otherwise use the Websites or their parts without the Seller´s consent.
The Purchase Agreement including terms and conditions is archived by the Seller and is not accessible. Terms and conditions are subject to change.
In Česká Skalice on 4 June 2018