Business terms pucini.info

Business terms
HOBBY -G s.r.o.
Headquarters at Krkonošská 181, Vrchlabí, 543 01, ID: 27463877, VAT number CZ27463877
The business terms and conditions below define and specify the rights and obligations of the seller (HOBBY-G s.r.o. , Krkonošská 181, Vrchlabí) and the buyer for the sale of goods through an online store located at the Internet address:pucini.info

Introductory provisions, order and conclusion of the purchase contract

1. The online store is operated by the seller on a website located at the internet address listed above (hereinafter not the "website"), through the website interface (hereinafter only the "web interface of the store").
2. All the presentation of goods placed on the web interface of the store is of an informative nature and the seller is not obliged to conclude a purchase contract regarding these goods. The provisions of Section 1732, Paragraph 2 of the Civil Code shall not apply.
3. The store's web interface contains information about goods, including the prices of individual goods. The prices of goods are listed including value added tax and all related fees. The prices of the goods remain valid for the time they are displayed in the web interface of the store.
4. The web interface of the store also contains information about the costs associated with the packaging and delivery of the goods. The information on the costs associated with the packaging and delivery of the goods listed in the web interface of the store is valid only in cases where the goods are delivered within the territory of the Czech Republic.
5. All orders, including those placed via the Internet, are binding. The purchase contract and terms and conditions are drawn up in the Czech language. By placing an order, the buyer confirms that he is familiar with these terms and conditions, as well as the complaints procedure, and that he agrees with them. By sending the order, the buyer accepts without reservation all provisions of the terms and conditions in the wording valid on the day the order is sent, as well as the price valid on the day the order is sent, including shipping costs, unless demonstrably agreed otherwise in a specific case. The buyer is irrevocably bound by the sent order.
6. After sending the order and its confirmation to the buyer's e-mail, the order is binding for both parties (buyer and seller) and has the character of a concluded purchase contract - all provided that the goods are in stock. If the contract is concluded using electronic means, the buyer - consumer will be provided with the contract and the wording of the general terms and conditions in text form according to § 1827/2 Z.No. 89/2012 Coll.
7. The condition for the validity of the electronic order is the filling in of all the data and requirements specified in the form.
8. The place of delivery of the goods is the address indicated by the buyer in the registration form.
9. Ownership of the goods passes to the buyer, subject to payment of the purchase price, upon acceptance.
10. All goods are supplied with a tax receipt. The goods remain the property of the seller until full payment.
11. 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 period of validity of the previous version of the terms and conditions.
12. The buyer agrees to use remote means of communication when concluding the purchase contract. The costs incurred by the buyer when using means of communication at a distance in connection with the conclusion of the purchase contract are paid by the buyer himself.

Rights and obligations of the buyer

1. When registering on the website and when ordering goods, the buyer is obliged to enter all data correctly and truthfully, in particular, the buyer is obliged to enter the correct and complete postal address to which the ordered goods are to be sent. The buyer is obliged to update the data in the user account in case of any change. The data provided by the buyer in the user account and when ordering goods are considered correct by the seller.
2. The buyer is obliged to collect the ordered goods and pay the total price, including any postage. The buyer agrees with the final price for the goods when filling out the order even before its binding confirmation. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
3. The buyer has the right to delete his personal data (to the collection and archiving of which he gave his consent by filling out the registration form) from the database, if he does so in writing.
4. If, for reasons on the part of the buyer, it is necessary to deliver the goods repeatedly or in a different way than was specified in the order, the buyer is obliged to pay the costs associated with repeated delivery of the goods, or costs associated with another delivery method. If the ordered goods are not collected, the buyer is obliged to pay all costs incurred in vain for the delivery of the ordered goods.
5. The buyer hereby assumes the risk of a change in circumstances within the meaning of Section 1765, paragraph 2 of the Civil Code.

Rights and obligations of the seller

1. All personal information provided during registration is confidential.
2. The seller is obliged to delete the registered buyer from the database if the buyer requests it.
3. The seller has the right to reject the order if the buyer repeatedly fails to fulfill his obligation to collect the goods and pay the purchase price.
4. The seller has the right to withdraw from the purchase contract (binding order) in the event that the ordered goods are no longer produced or delivered, or if they are unavailable for a long time and if they do not agree with the buyer on new performance. The seller has the right to withdraw from the contract even if there are significant changes in the price of the goods. The seller will inform the buyer about the withdrawal from the contract by e-mail or telephone according to the information provided in the order.

Withdrawal from the purchase contract and return of goods

1. A buyer who is a consumer, i.e. according to § 419 of the Civil Code 89/2012 Coll. any person who, outside the scope of his business activity or outside the scope of independent performance of his profession, concludes a contract with an entrepreneur or otherwise deals with him, has the right to withdraw from the contract within 14 days of taking over the goods, by sending a sample form for withdrawal from the contract published on website of the seller. Withdrawal from the purchase contract can be sent by the buyer to, among other things, the address of the seller's place of business or the seller's e-mail address. The seller will confirm receipt of the form by the consumer without undue delay. In the case of withdrawal from the purchase contract according to this paragraph, the purchase contract is canceled from the beginning.
2. The seller hereby points out that this right does not serve as a solution to the delivery of defective goods. Withdrawal must be made in such a way that the buyer sends the seller, by the end of the fourteen-day period, a notice of withdrawal according to § 1829 NOZ, a copy of the tax document and further in accordance with § 1831 NOZ within a period of no later than 14 days from the withdrawal from the contract, preferably in such a way that the goods are if necessary, demonstrable, i.e. to the address: HOBBY-G s.r.o., Poštovní 538, Vrchlabí 54303. To speed up the processing of the refund of the purchase price, we recommend that the buyer return the goods without unnecessary delay either by physical delivery to the establishment or by sending them to the address: HOBBY-G s.r.o., Poštovní 538, Vrchlabí 54303. More information on phone: +420 736 480 192 The costs of returning the goods are borne by the buyer.
3. If the buyer exercises the right to return the goods, the goods must be returned undamaged, without signs of wear, preferably in the original packaging. When sending the goods back to the seller, the seller recommends packing the goods in such a way that they are sufficiently protected against deterioration during transport. In case of violation of the conditions for withdrawal from the contract or for the proper return of the goods, the seller is entitled to claim compensation against the buyer for the reduction in the value of the returned goods, if such a reduction in value occurs due to damage to the delivered goods or failure to deliver the goods in their complete condition, in accordance with § 1833 NOS. The seller reserves the right to calculate this compensation for the reduction of the value of the returned goods on the returned purchase price. As soon as the seller receives the returned goods, he is obliged to inspect and test them immediately.
4. If the goods are returned undamaged and unworn, the seller will return to the buyer, no later than fourteen days from the withdrawal from the contract, all funds, including delivery costs, which he received from the buyer on the basis of the contract in accordance with § 1832/1 NOZ, for goods purchased via e- shop by the buyer by transfer to the buyer's account. If the buyer-consumer has chosen another than the cheapest method of delivery of the goods offered by the seller, the seller will reimburse the buyer-consumer for the cost of delivery of the goods in an amount corresponding to the cheapest method of delivery of the goods offered according to § 1832 paragraph 2 NOZ. The seller is not obliged to return the received funds to the buyer-consumer before the buyer-consumer hands over the goods to him or proves that he has sent the goods to the seller.
5. If the buyer is not a consumer, i.e. he purchases the goods as part of his business or business activity (which is determined by the identification number on the purchase document), the right of withdrawal does not arise.
6. According to the provisions of § 1837 NOZ, the buyer-consumer cannot withdraw from the contract:
a) on the provision of services, if they were fulfilled with his prior express consent before the expiry of the period for withdrawal from the contract and the seller informed the buyer-consumer before concluding the contract , that in such a case he does not have the right to withdraw from the contract (this does not apply to the transport service associated with the purchase of goods, if the buyer withdraws from the purchase contract for the purchase of goods within 14 days of taking over the goods),
b) o the delivery of goods or services, the price of which depends on fluctuations in the financial market independently of the will of the seller, and which may occur during the withdrawal period,
c) the delivery of goods that have been modified according to the wishes of the buyer-consumer or for his person, as well as perishable goods,
d) on the delivery of goods in closed packaging, which the buyer-consumer has removed from the packaging and for reasons of hygiene it is not possible to return it,
e) o dodání digitálního obsahu, pokud nebyl dodán na hmotném nosiči a byl dodán s předchozím výslovným souhlasem kupujícího-spotřebitele před uplynutím lhůty pro odstoupení od smlouvy a prodávající před uzavřením smlouvy sdělil kupujícímu-spotřebiteli, že v takovém případě nemá právo na odstoupení od smlouvy.

Delivery conditions

Payment for goods and method of delivery
1. The goods are delivered to the address specified by the customer, the customer is informed about the dispatch of the goods by e-mail. Delivery is provided on working days during normal working hours. The ordered goods are sent by the transport company DPD or GLS or they can be picked up in person at the address of the company Hobby-G s. r. o. Poštovní 538, 543 03 Vrchlabí

2. The price of transport is charged at 80 CZK (for the Czech Republic) and 120 CZK (for Slovakia). We do not charge for packaging. In the case of an order for goods whose total value exceeds the amount of CZK 1,999 (for the Czech Republic) and CZK 2,999 (for Slovakia), the shipping price will not be charged. (Only applies to end customers)

3. Personal collection of goods is possible at the address: HOBBY-G s.r.o., Krkonošská 181, Vrchlábí 543 01, after prior arrangement by telephone. When picking up the goods at the seller's headquarters, the buyer undertakes to pay the purchase price in cash upon physical receipt of the goods.

Dispatch and delivery period
The seller ships the goods within 1 to 2 working days from the date of receipt orders. The delivery time is usually 1 to 2 working days longer than the dispatch time, depending on the speed of delivery of the goods by the carrier. In the case of payment by advance invoice, the period begins on the day the purchase price is credited to the seller's account. If the order includes goods made to order, the delivery period is extended accordingly.

Responsibility for damage to the goods
Responsibility for damage to the goods passes to the buyer upon receipt of the goods from the seller, in case of sending goods by cash on delivery or by parcel, by collection from the carrier.

Inspection of goods

1. The buyer is obliged to inspect the goods during the transfer of responsibility (immediately upon taking over) for damage to the goods.
2. When taking over the goods from the transporter, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the transporter immediately. In the event of a violation of the packaging indicating an unauthorized intrusion into the shipment, the buyer does not have to accept the shipment from the carrier.
3. If the buyer does not inspect the goods or does not arrange for them to be inspected at the time of the transfer of responsibility for damage to the goods, he cannot make claims for defects detectable during this inspection, the defect can be complained of no later than six months after taking over the object of performance according to § 1921 paragraph 2 NOZ. On the same day that the buyer discovers the defects of the goods, he is obliged to submit a written report to the seller.
4. Before using the product for the first time, the buyer is obliged to properly and immediately study the warranty conditions stated in the Czech language and follow them properly.

Rights from defective performance, warranty and complaint conditions
1. The rights and obligations of the contracting parties regarding rights from defective performance are governed by the relevant generally binding legal regulations (in particular the provisions of Sections 1914 to 1925, Sections 2099 to 2117 and Sections 2161 to 2174 of the Civil Code).
2. The seller is responsible to the buyer that the goods are free of defects upon receipt. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:

- the goods have the properties that the parties have agreed upon, and if there is no agreement, they have the properties that the seller or the manufacturer has described or that the buyer expected taking into account the nature of the goods and based on the advertising carried out by them,
- the goods are suitable for the purpose for which the seller states for their use or for which goods of this type are usually used,
- the quality or execution of the goods corresponds to the contracted sample or prototype, if the quality or execution was determined according to the contracted sample or prototype,
- the goods are in the corresponding quantity, measure or weight, and
- the goods meets the requirements of legal regulations.

3. The provisions stated in paragraph 2 of this article of the terms and conditions do not apply to goods sold at a lower price to a defect for which a lower price was agreed, to wear and tear of the goods caused by its usual use, in the case of used goods to a defect corresponding to the degree of use or wear that the goods had at the time acceptance by the buyer, or if this results from the nature of the goods.
4. If a defect becomes apparent within six months of receipt, it is considered that the goods were already defective upon receipt. The buyer is entitled to exercise the right from a defect that occurs with consumer goods within twenty-four months of receipt.
5. The buyer is entitled to exercise the right from a defect that occurs in the consumer goods within twenty-four months of receipt, with the exception of:

-goods for which a lower price was agreed due to a defect in the goods
-opotřebení zboží způsobené jejím obvyklým užitím
-in the case of used goods, a defect corresponding to the wear and tear that the item already had when it was taken over by the buyer

6. The right from defective performance also does not belong to the buyer, if the buyer knew before taking over the item that the item had a defect or the buyer himself caused the defect.
7. Material breach of contract according to § 2106 NOZ

a) If defective performance is a material breach of contract, the buyer has the right:

-to remove the defect by delivering a new item without a defect or by supplying the missing item. If this is not possible, the buyer can withdraw from the contract,
- to eliminate the defect by repairing the item,
- to a reasonable discount from the purchase price,
- to withdrawal from the contract.

b) In this case, the buyer informs the seller which right he has chosen, when notifying the defect. The buyer can then change the method of removing the defective performance only with the consent of the seller, this does not apply if the buyer requested the repair of the item, and the item is irreparable. If the seller does not remove the defects within a reasonable period of time, the buyer may demand a reasonable discount from the purchase price instead of removing the defect, or may withdraw from the contract. In the event that the buyer does not choose his right in time, he has the same rights as in the case of an insignificant breach of contract - see below.
8. Immaterial breach of contract - § 2107 NOZ

a) In the event that the defective performance is only an immaterial breach of contract, the buyer has the right to remove the defect or to receive a reasonable discount from the purchase price.

b ) If the seller does not remove the defect in time, or refuses to remove the defect, the buyer can request a discount from the purchase price or withdraw from the contract. The buyer cannot change the choice made.

c) The buyer has the right to deliver a new item or exchange a part even in the case of a removable defect, if he cannot use the item properly due to the repeated occurrence of the defect after repair or due to a larger number of defects. In such a case, the buyer has the right to withdraw from the contract.

d) If the buyer does not report the defect without undue delay after he could have discovered it during a timely inspection and sufficient care, the court will not grant him the right from defective performance. If it is a hidden defect, the same applies if the defect was not reported without unnecessary delay after the buyer could have discovered it with sufficient care, but no later than two years after handing over the item § 2112 NOZ.

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Záruka za jakost

1. With a quality guarantee, the seller undertakes that the item will be suitable for use for the usual purpose or that it will retain the usual properties for a certain period of time. The warranty period starts from the delivery of the item to the buyer, if the item was sent, the period starts from the item's arrival at the destination. The buyer has no right from the warranty if the defect was caused by an external event after the risk of damage to the item has passed.
2. The warranty does not apply in particular to damage caused by:
-improper use or storage of goods
-mechanical damage or wear and tear due to normal use
-natural disasters (water, fire, by lightning)
-other external influences (caused by the sun, heat, frost, moisture, etc.)

Place of application of the claim
1. The place of claim is the seller's registered office. In the event of a complaint, the buyer should contact the seller in advance, by phone or e-mail, in order to agree on the next procedure. When sending or handing over goods for a claim, it is recommended to present proof of the purchase of the goods and the reason for the claim. Only a cash receipt or invoice. The buyer must transport the claimed goods at his own expense or send them to the place of application of the claim. The deadline for processing a complaint starts from the moment the defect is pointed out.
2. If the complaint is recognized as justified, the buyer will be invited to collect the goods after it has been settled. In case of interest, the goods can be sent to the buyer (by post or courier service) upon agreement.
3. In the event of an unauthorized complaint (if the notified defect is not detected, or if it is a defect that does not meet the warranty conditions), the seller may demand payment of the costs demonstrably incurred in handling this complaint.

ADR

In the event that a consumer dispute arises between us and the consumer arising from a purchase contract or from a contract for the provision of services that cannot be resolved by mutual agreement, the consumer may submit a proposal for an out-of-court settlement of such a dispute to the designated entity for the out-of-court resolution of consumer disputes, which is

Czech Trade Inspection
Central Inspectorate - ADR Department
Štěpánská 44, 110 00 Prague 1

Email:This e - the email address is protected from spambots. You must have Javascript enabled to view it.
web: adr.coi.cz

The consumer can also use the online dispute resolution platform, which is set up by the European Commission at the addresshttps://ec.europa.eu/consumers/odr/

Protection of personal data

1. By filling out the registration form or binding order, the buyer gives the seller consent to collect and archive personal data about the buyer and his purchases. The seller declares that all personal data are confidential, will be used only for the seller's internal, business and marketing needs and will not be published, provided to a third party or otherwise misused. The protection of personal data of the buyer, who is a natural person, is provided by Act No. 101/2000 Coll., on the protection of personal data.
2. When registering, basic information about the buyer is required, which is further supplemented when the order is placed. The buyer gives his consent to the sending of informational e-mails, or postal items from the seller, regarding advantageous purchases, discounts, events and interesting things related to the subject of the seller's business. The buyer confirms that the personal data provided is accurate and that he has been informed that this is a voluntary provision of personal data.

Delivery

The buyer may be delivered to the buyer's electronic address.
Final Provisions
1. These terms and conditions are valid on the day they are posted on the website below.
2. If any provision of the terms and conditions is invalid or ineffective, instead of the invalid provisions, a provision whose meaning is as close as possible to the invalid provision will be entered. The invalidity or ineffectiveness of one provision does not affect the validity of the other provisions.
In Vrchlabí on 1 January 2014