I. Basic Provisions
1. These general terms and conditions (hereinafter referred to as the "terms and conditions") are issued pursuant to § 1751 et seq.of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the"Civil Code") (name and surname/title)
ID: 06463371
VAT:
Registered Office:
registered at 354/9 Křívá, Bobrovníky, Hlučín, 74801, court...
Contact Data:
E-mail: pay@tuculart-pay.eu
Telefon: +420 734 101 839
Web: https://tuculart-pay.eu
(hereinafter referred to as the"seller")
2. These terms and conditions govern the mutual rights and obligations of the seller and a natural person who enters into a purchase contract outside of his business activities as a consumer or within his business activities (hereinafter referred to as the "buyer") through the web interface located on the website available at https://tuculart-pay.eu (hereinafter referred to as the "online store").
3. The provisions of the terms and conditions are an integral part of the purchase agreement. Any other provisions in the purchase agreement shall prevail over the provisions of these terms and conditions.
4. These terms and conditions and the purchase agreement are concluded in the Czech and English languages.
II. Information about goods and prices
1. Information about the goods, including the indication of the prices of individual goods and their main characteristics, is given for individual goods in the catalog of the online store. The prices of the goods are inclusive of Value Added Tax, all related fees and the cost of returning the goods, if these goods by their nature cannot be returned by the usual postal route. The prices of the goods remain valid for as long as they are displayed in the online store. This provision does not preclude the conclusion of a purchase contract on individually negotiated terms.
2. Any presentation of the goods placed in the online store catalog is of an informative nature and the seller is not obliged to conclude a purchase contract for these goods.
3. In the online store information on the costs associated with packaging and delivery of goods is published. Information on the costs associated with the packaging and delivery of goods in the online store applies only in cases where the goods are delivered within the territory of the Czech Republic and the states of the European Union.
4. Any discounts on the purchase price of the goods may not be combined with each other, unless otherwise agreed by the seller and the buyer.
III. Order and conclusion of the purchase contract
1. The costs incurred by the buyer when using means of distance communication in connection with the conclusion of the purchase contract (internet connection costs, telephone costs) shall be borne by the buyer himself. These costs do not differ from the basic rate.
2. The buyer makes an order for goods in the following ways:
- through his customer account, if he has previously registered in the online store,
- by filling in the order form without registration.
3. When placing an order, the buyer chooses the goods, the number of items, the method of payment and delivery.
4. Before sending the order, the buyer is allowed to check and change the data entered in the order. The buyer sends the order to the seller by clicking on the button "PROCEED TO CHECKOUT". The data specified in the order are considered correct by the seller. The condition for the validity of the order is the completion of all mandatory data in the order form and confirmation of the buyer that he has read these terms and conditions.
5. Immediately upon receipt of the order, the seller shall send the buyer a confirmation of receipt of the order to the e-mail address specified by the buyer when ordering. This confirmation is automatic and is not considered the conclusion of a contract. The confirmation shall be accompanied by the seller's current terms and conditions. The purchase contract is concluded only after acceptance of the order by the seller. Notice of acceptance of the order is delivered to the buyer's e-mail address. / Immediately after receiving the order, the seller sends the buyer a confirmation of receipt of the order to the e-mail address specified by the buyer when ordering. This confirmation is considered the conclusion of the contract. The confirmation shall be accompanied by the seller's current terms and conditions. The purchase agreement is concluded by confirming the order by the seller to the buyer's e-mail address.
6. In the event that any of the requirements specified in the order cannot be met by the seller, the buyer will send an amended offer to his e-mail address. The amended offer is considered to be a new draft of the purchase contract and the purchase contract is concluded by confirming the buyer's acceptance of this offer to the seller at his e-mail address specified in these terms and conditions.
7. All orders received by the seller are binding . The buyer may cancel the order until the buyer is notified of the acceptance of the order by the seller. The buyer may cancel the order by telephone at the phone number or e-mail address of the seller specified in these terms and conditions.
8. In the event that there was an obvious technical error on the part of the seller when stating the price of the goods in the online store or during the ordering process, the seller is not obliged to deliver the goods to the buyer for this obviously erroneous price, even if the buyer was sent an automatic confirmation of receipt of the order under these terms and conditions. The seller shall inform the buyer of the error without undue delay and shall send the amended offer to the buyer's e-mail address. The amended offer is considered to be a new draft of the purchase contract and the purchase contract is concluded by confirmation of receipt by the buyer to the seller's e-mail address.
IV. Custom
1. On the basis of the buyer's registration in the online store, the buyer can access his / her customer account. From his customer account, the buyer can order goods. The buyer can also order goods without registration.
2. When registering for a customer account and when ordering goods, the buyer is obliged to provide all data correctly and truthfully. The buyer is obliged to update the data specified in the user account upon any change. The data provided by the buyer in the customer account and when ordering goods are considered correct by the seller.
3. Access to the customer account is secured by a user name and password. The buyer is obliged to maintain confidentiality regarding the information necessary to access his customer account. The seller is not responsible for any misuse of the customer account by third parties.
4. The buyer is not entitled to allow the use of the customer account to third parties.
5. The seller may cancel the user account, especially if the buyer does not use his user account for a longer time, or if the buyer violates his obligations under the purchase contract or these terms and conditions.
6. The buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the seller's hardware and software, or the necessary maintenance of the hardware and software of third parties.
V. Payment terms and delivery
1. 1. The price of the goods and any costs associated with the delivery of the goods under the purchase contract may be paid by the buyer in the following ways:
- cashless by credit card,
- cashless transfer to the seller's account through the payment gateway ...,
- cash on delivery,
- in cash or by credit card upon personal collection at the establishment.
2. Together with the purchase price, the buyer is obliged to pay the seller the costs associated with the packaging and delivery of the goods in the agreed amount. Unless expressly stated otherwise, the purchase price also means the costs associated with the delivery of the goods.
3. In the case of payment in cash, the purchase price is payable upon receipt of the goods.
4. In the case of payment through the payment gateway, the buyer shall follow the instructions of the relevant electronic payment provider.
5. In the case of non-cash payment, the buyer's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's bank account.
6. The seller does not require any advance payment or other similar payment from the buyer. Payment of the purchase price before sending the goods is not a deposit.
7. According to the law on registration of sales, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received Sales with the tax administrator online, in the event of a technical failure, then no later than 48 hours
8. The goods are delivered to the buyer:
- to the address specified by the buyer in the order
- through the delivery office to the address of the delivery office specified by the buyer,
- personal collection at the seller's premises.
9. The choice of delivery method is made during the ordering of goods.
10. The cost of delivery of the goods, depending on the method of dispatch and receipt of the goods, is indicated in the buyer's order and in the order confirmation by the seller. If the method of transport is agreed on the basis of a special request of the buyer, the buyer bears the risk and any additional costs associated with this method of transport.
11. If the seller is obliged to deliver the goods to the place specified by the buyer in the order, the buyer is obliged to take over the goods upon delivery. In the event that, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a manner other than that specified in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, or the costs associated with another method of delivery.
12. Upon receipt of the goods from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and in case of any defects immediately notify the carrier. In the event of a breach of the packaging indicating unauthorized entry into the shipment, the buyer does not have to take over the shipment from the carrier.
13. The seller shall issue to the buyer a tax document-invoice. The tax document is sent to the buyer's e-mail address.
14. The buyer acquires ownership of the goods by paying the full purchase price for the goods, including delivery costs, but not before taking over the goods.
15. Liability for accidental destruction, damage or loss of the goods shall pass to the buyer at the time of receipt of the goods or at the time when the buyer was obliged to take over the goods, but did not do so in breach of the purchase agreement.
VI. Withdrawal from the contract
1. The buyer who has concluded the purchase contract outside his business activity as a consumer has the right to withdraw from the purchase contract.
2. The withdrawal period is 14 days
- from the date of receipt of the goods,
- from the date of receipt of the last delivery of the goods, if the subject of the contract is several types of goods or the delivery of several parts,
-from the date of receipt of the first delivery of the goods, if the subject of the contract is a regular repeated delivery of the goods.
3. Among other things, the buyer cannot withdraw from the purchase contract
- the provision of services, if they were fulfilled with his prior express consent before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he does not have the right to withdraw from the contract,
- the supply of goods or services, the price of which depends on the fluctuations of the financial market independently of the will of the seller and which may occur during the withdrawal period,
- on the delivery of alcoholic beverages, which can be delivered only after the expiration of thirty days and the price of which depends on the fluctuations of the financial market, independent of the will of the seller,
- the delivery of goods that have been modified according to the wishes of the buyer or for his person,
- the supply of perishable goods, as well as goods that have been irretrievably mixed with other goods after delivery,
- delivery of goods in sealed packaging, which the buyer removed from the packaging and for hygienic reasons it is not possible to return,
- the supply of an audio or video recording or a computer program if it has breached its original packaging,
- supply of newspapers, periodicals or magazines,
- delivery of digital content, if it was not delivered on a tangible medium and was delivered with the prior express consent of the buyer before the expiration of the withdrawal period and the seller informed the buyer before the conclusion of the contract that in such a case he has no right to withdraw from the contract,
- in other cases referred to in section 1837 of the Civil Code.
4. In order to comply with the withdrawal period, the buyer must send a statement of withdrawal within the withdrawal period.
5. To withdraw from the purchase contract, the buyer may use the sample withdrawal form provided by the seller. Withdrawal from the purchase contract shall be sent by the buyer to the e-mail or delivery address of the seller specified in these terms and conditions. The seller confirms to the buyer without delay the receipt of the form.
6. The buyer who has withdrawn from the contract is obliged to return the goods to the seller within 14 days of withdrawal from the contract to the seller. The buyer shall bear the costs associated with the return of the goods to the seller, even if the goods cannot be returned due to their nature by the usual postal route.
7. If the buyer withdraws from the contract, the seller shall return to him without delay, but no later than within 14 days of withdrawal from the contract, all funds, including the cost of delivery, received from him, in the same way. The seller shall return the money received to the buyer in another way only if the buyer agrees with it and if he does not incur additional costs.
8. If the buyer has chosen other than the cheapest method of delivery of the goods offered by the seller, the seller shall refund the cost of delivery of the goods to the buyer in the amount corresponding to the cheapest offered method of delivery of the goods.
9. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer hands over the goods to him or proves that he sent the goods to the seller.
10. The goods must be returned by the buyer to the seller undamaged, unworn and unpolluted and, if possible, in their original packaging. The seller is entitled to unilaterally set off the claim for compensation for damage caused to the goods against the buyer's claim for a refund of the purchase price.
11. The seller is entitled to withdraw from the purchase contract due to the sale of stocks, unavailability of the goods, or when the manufacturer, importer or supplier of the goods interrupted the production or import of the goods. The seller shall immediately inform the buyer via the e-mail address specified in the order and return within 14 days of notification of withdrawal from the purchase contract all funds, including the cost of delivery, received from him under the contract, in the same manner, or in the manner specified by the buyer.
VII. Rights from the defective performance
1. The seller is responsible to the buyer that the goods have no defects upon receipt. In particular, the seller is liable to the buyer that at the time the buyer took over the goods
- the goods have the characteristics agreed by the parties and, in the absence of an agreement, they have the characteristics described by the seller or the manufacturer or expected by the buyer with regard to the nature of the goods and on the basis of advertising carried out by them,
- the goods are suitable for the purpose stated by the seller for their use or for which the goods of this kind are usually used,
- the quality or performance of the goods corresponds to the agreed sample or draft, if the quality or performance was determined according to the agreed sample or draft,
- the goods are in the appropriate quantity, measure or weight, and
- the goods comply with legal requirements.
2. The seller shall bear the obligations arising from the defective performance at least to the extent that the obligations arising from the defective performance of the manufacturer continue . The buyer is otherwise entitled to exercise the right of a defect that occurs in consumer goods within twenty-four months of receipt.
3. If on the goods sold, on its packaging, in the instructions attached to the goods or in advertising, in accordance with other legislation, the period for which the goods can be used is indicated, the provisions on the Quality Guarantee shall apply. Under the quality guarantee, the seller undertakes that the goods will be suitable for use for the usual purpose for a certain period of time or that they will retain the usual characteristics. If the buyer has the right to use the goods, the buyer shall not be entitled to use the goods.
4. The provisions set out in the preceding paragraph of the terms and Conditions shall not apply to goods sold at a lower price for a defect for which a lower price has been agreed, to wear and tear of the goods caused by their usual use, to used goods for a defect corresponding to the degree of use or wear and tear that the goods had when the buyer took over, or if this is due to the nature of the goods. The right of defective performance does not belong to the buyer if he knew before taking over the goods that the goods had a defect, or if the defect was caused by the buyer himself.
5. In the event of a defect, the buyer may submit a claim to the seller and request
in exchange for new goods,
- repair of goods,
- reasonable discount on the purchase price,
- withdrawal.
6. The buyer has the right to withdraw from the contract,
- if the goods have a significant defect,
- if the thing can not properly use for repeated occurrence of defect or defects after repair,
- with a large number of defects of the goods.
7. A substantial breach of contract is one of which the infringing party already knew at the time of the conclusion of the contract or should have known that the other party would not have concluded the contract if it had foreseen the breach.
8. In the case of a defect that constitutes a minor breach of contract (regardless of whether the defect is removable or non-removable), the buyer is entitled to the removal of the defect or a reasonable discount on the purchase price.
9. If the removable defect has occurred repeatedly after repair (usually the third complaint for the same defect or the fourth for different defects) or the goods have a larger number of defects (usually at least three defects at the same time), the buyer has the right to apply for a discount on the purchase price, exchange the goods or withdraw from the contract.
10. When making a claim, the buyer is obliged to tell the seller what right he has chosen. Changing the choice without the consent of the seller is possible only if the buyer has requested repair of the defect, which turns out to be irreparable. If the buyer does not choose his right to a material breach of contract in time, he has the same rights as in the case of a non-material breach of contract.
11. If the repair or replacement of the goods is not possible, upon withdrawal from the contract, the buyer may request a refund of the purchase price in full.
12. If the seller proves that the buyer knew about the defect of the goods or caused it himself, the seller is not obliged to satisfy the buyer's claim.
13. The buyer cannot claim the discounted goods for the reason for which the goods are discounted.
14. The seller is obliged to accept the complaint in any establishment in which acceptance of the complaint is possible, possibly also in the Registered office or place of business. The seller is obliged to provide the buyer with a written confirmation of when the buyer has exercised the right, what is the content of the complaint and what method of handling the complaint the buyer requires, as well as a confirmation of the date and method of handling the complaint, including a confirmation of the repair and its duration, or a written justification for the rejection of the complaint.
15. The seller or an employee authorized by him decides on the complaint immediately, in complex cases within three working days. This period does not include the period appropriate to the type of product or service required for the expert assessment of the defect. The claim, including the removal of the defect, must be settled without delay, no later than 30 days from the date of the claim, unless the seller and the buyer agree on a longer period. The buyer has the right to withdraw from the contract and the buyer has the right to withdraw from the contract. The moment of the claim is considered to be the moment when the will of the buyer (exercise of the right of defective performance) to the seller.
16. The seller shall inform the buyer in writing of the outcome of the claim.
17. The right of defective performance does not belong to the buyer if the buyer knew before taking over the thing that the thing has a defect, or if the buyer caused the defect himself.
18. In the event of a justified complaint, the buyer has the right to compensation for the costs incurred in connection with the complaint. The buyer may exercise this right with the seller within one month after the expiration of the warranty period, otherwise the court may not grant it.
19. The buyer has the choice of the complaint method.
20. The rights and obligations of the parties regarding the rights arising from defective performance are governed by sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of the Civil Code and Act No. 634/1992 Coll., on consumer protection.
VIII. Delivery
1. The contracting parties may deliver all written correspondence to each other by electronic mail.
2. The buyer shall deliver the correspondence to the seller to the e-mail address specified in these terms and conditions. The seller delivers the correspondence to the buyer to the e-mail address specified in his customer account or in the order.
IX. Personal data
1. All information provided by the buyer in cooperation with the seller is confidential and will be treated as such. If the buyer does not give written permission to the seller, the buyer's data will not be used by the seller in any way other than for the purpose of performing the contract, except for the e-mail address to which commercial communications may be sent, since this procedure is allowed by law, unless expressly refused. These communications may relate only to similar or related goods and can be unsubscribed at any time by simple means (by sending a letter, e-mail or by clicking on the link in the commercial communication). The E-mail address will be stored for this purpose for a period of 3 years from the conclusion of the last contract between the parties.
2. More detailed information on data protection can be found in the Privacy Policy here (https://tuculart-pay.eu/en/content/6-privacy-policy).
X. Out-of-court dispute resolution
1. The Czech trade inspection authority with its Registered office at Štěpánská 567/15, 120 00 Prague 2, IČ: 000 20 869, internet address is competent for out-of-court resolution of consumer disputes arising from the purchase contract: https://adr.coi.cz/cs the online dispute resolution platform located at http://ec.europa.eu/consumers/odr it can be used to resolve disputes between the seller and the buyer from the purchase contract.
2. European Consumer Centre Czech Republic with its Registered office at Štěpánská 567/15, 120 00 Prague 2, internet address: http://www.evropskyspotrebitel.cz it shall be the contact point pursuant to regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 December 2013 (OJ l 217, 20.12.2013, p. on the resolution of consumer disputes online and amending Regulation (EC) no 2006/2004 and directive 2009/22/EC (Regulation on online dispute resolution).
3. The seller is entitled to sell the goods on the basis of a trade license. Trade licensing control is carried out within the scope of its competence by the competent trade licensing office. The Czech Trade Inspection Authority exercises, to a limited extent, inter alia, supervision over compliance with Act No. 634/1992 Coll., on consumer protection.
XI. Final provisions
1. All agreements between the seller and the buyer shall be governed by the laws of the Czech Republic. If the relationship established by the purchase contract contains an international element, then the parties agree that the relationship is governed by the law of the Czech Republic. This is without prejudice to the rights of the consumer arising from generally binding legal regulations.
2. The seller is not bound by any codes of conduct in relation to the buyer within the meaning of § 1826 para. Article 1 (1) (b) e) the Civil Code.
3. All rights to the website of the seller, in particular copyright to the content, including Page Layout, photos, films, graphics, trademarks, logos and other content and elements, belong to the seller. It is forbidden to copy, modify or otherwise use the website or any part thereof without the consent of the seller.
4. The seller shall not be liable for errors resulting from the intervention of third parties in the online store or as a result of its use contrary to its purpose. When using the online store, the buyer may not use procedures that could have a negative impact on its operation and may not engage in any activity that could allow him or third parties to interfere with or use the software or other components that make up the online store and use the online store or its parts or software in a way that would be contrary to its purpose or purpose.
5. The buyer hereby assumes the risk of changing circumstances within the meaning of § 1765 para. 2 of the Civil Code.
6. The purchase agreement, including the terms and conditions, is archived by the seller in electronic form and is not accessible.
7. The seller may change or supplement the wording of the terms and conditions. This provision does not affect the rights and obligations arising during the validity of the previous version of the terms and conditions.
8. A sample withdrawal form is attached to the terms and conditions.
