Etsy Grafotera
Introductory provisions
1. 1. These Business Terms and Conditions (hereinafter referred to as the "Business Terms") apply to the purchase of goods at the Grafotera vendor (the "Seller") and govern the mutual rights and obligations of the parties arising out of or in connection with the Purchase Contract contract ") concluded between the seller and another natural or legal person (the" buyer ") via the seller's internet shop. The e-shop is operated by the seller at https://www.etsy.com/shop/GRAFOTERA via the web interface (the "web interface of the store").
1. 2. The Business Terms and Conditions furthermore govern the rights and obligations of the parties in using the Seller's Website located at https://www.etsy.com/shop/GRAFOTERA (the "Website") and other related legal relationships. Business terms do not apply to cases where a person who intends to buy goods from a seller acts when ordering goods in the course of their business.
1. 3. A provision derogating from the terms and conditions may be negotiated in the purchase contract. Distinctive arrangements in the sales contract take precedence over the provisions of the terms and conditions.
1. 4. The Terms of Business Terms and Conditions are an integral part of the Purchase Agreement.
1. 5. The Seller may change or add the wording of the terms and conditions. This provision is without prejudice to the rights and obligations arising during the period of validity of the previous version of the terms and conditions.
User account
Based on the buyer's registration made on the website, the buyer can access it
2. 1. to your user interface. From its user interface, the buyer can perform the ordering of goods (hereinafter referred to as the "user account"). If the web interface allows the store, the buyer can also order goods without registration directly from the web interface of the store.
2. 2. When registering on a web site and when ordering goods, the buyer is obligated to indicate correctly and truthfully all data. The details given in the user account are obligatory for the buyer to update upon any change. Data provided by buyers in the user account and when ordering the goods are considered by the seller to be correct.
2. 3. Access to the user account is secured by username and password. Buyer is required to maintain confidentiality regarding the information necessary to access his user account and acknowledges that the seller is not liable for breach of this obligation by the buyer.
2. 4. The buyer is not entitled to allow the use of the user account to third parties.
2. 5. Seller may cancel or block a user account, especially if the buyer violates his obligations under the purchase contract (including business terms).
2. 6. The Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of the hardware and software of the Seller, maintenance of hardware and software Closing a purchase contract
3. 1. The web interface of the store contains a list of goods offered for sale by the seller, including the prices of the individual goods offered. The prices of the goods offered are listed including value added tax and all related fees. The sale of goods and the prices of these goods remain valid for as long as they are displayed in the web interface of the store. This provision does not limit the seller's ability to conclude a purchase contract for individually negotiated terms. All offers for the sale of goods placed in the web interface of the shop are non-binding and the seller is not obliged to conclude a purchase contract for these goods.
The operator is entitled to unilaterally cancel the order in the following cases in particular:
sales of goods in stock
wrong price for the product
technical problem of application
3. 2. The web interface of the store also includes information on the costs associated with packing and delivery of goods. Information on the costs associated with the packaging and delivery of the goods listed in the web interface of the trade is valid only in cases when the goods are delivered within the territory of the Czech Republic.
3. 3. To order the goods, the buyer will fill out the order form in the web interface of the store. The order form contains, in particular, information about:
- ordered goods (the ordered goods "put" the buyer into the electronic shopping cart of the web interface of the store),
the method of payment of the purchase price of the goods, details of the required way of delivering ordered goods and
- information on the costs associated with the supply of the Goods (collectively referred to as the "Order").
3. 4. Before sending the order to the seller, the buyer is allowed to check and modify the data entered by the buyer in the order, even with regard to the buyer's ability to detect and correct the errors occurring when entering the data into the order. The order is sent by the buyer to the seller by clicking the "Submit order" button. The data listed in the order they are deemed correct by the seller. On receipt of the order, the Seller will acknowledge receipt of the receipt to the buyer by e-mail to the buyer's email address listed in the user interface or in the order (hereinafter referred to as the "buyer's electronic address").
3. 5. The seller is always entitled to ask the buyer for additional confirmation of the order (for example, in writing or by phone), depending on the nature of the order (quantity of goods, purchase price, estimated transport costs).
3. 6. The contractual relationship between the seller and the buyer is the delivery of an order (acceptance) sent to the buyer by e-mail to the buyer's e-mail address.
3. 7. The Buyer notes that Seller is not obliged to enter into a Purchase Agreement, especially with persons who have previously substantially violated the Purchase Agreement (including Terms of Business).
3. 8. Buyer agrees to use remote means of communication when concluding a purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of the purchase contract (costs of internet connection, telephone call costs) are borne by the buyer himself.of third parties.
Price of goods and payment terms
4. 1. The Purchaser may pay the Buyer's cost of goods and any costs associated with the delivery of goods under the Purchase Contract in the following ways:
by wire transfer to the seller's account, which is given and sent in the electronic confirmation upon receipt of the order by the seller
4. 2. Together with the purchase price, the buyer is also obliged to pay the seller the costs associated with the packing and delivery of the goods. Unless otherwise specified, the purchase price and the costs associated with the delivery of the goods are further understood.
4.3. In the case of non-cash payment, the purchase price shall be payable within 5 working days of the conclusion of the purchase contract from the receipt of the order by the seller. If this condition is not met, the seller reserves the right to cancel the order.
4. 4. In the case of a non-cash payment, the buyer is obliged to pay the purchase price of the goods together with the variable payment symbol. In the case of non-cash payment, the purchaser's obligation to pay the purchase price is fulfilled when the relevant amount is credited to the seller's account.
4.5. Any discounts on the price of the goods provided by the seller to the buyer can not be combined.
4. 6. If it is customary in the course of trade or if it is stipulated by generally binding legal regulations, the Seller shall issue an invoice to the Buyer in respect of payments made under the Purchase Contract. The seller is not a taxpayer of value added tax. The invoice is issued by the seller to the buyer after payment of the price of the goods and is available for download in electronic form.
Withdrawal from the sales contract
5. 1. The Purchaser acknowledges that, according to the provisions of Section 53 (8) of Act No. 40/1964 Coll., The Civil Code, as amended (hereinafter referred to as the "Civil Code"), it is not possible, inter alia, to withdraw from the Purchase Contract the supply of goods modified according to the buyer's wish as well as goods that are subject to rapid perish, wear or obsolescence, the purchase contract for the supply of audio and video recordings and computer programs if the consumer has infringed their original packaging and the delivery contract for newspapers, periodicals and magazines.
5. 2. In the case referred to in Article 5.1 or in another case where the contract of sale can not be withdrawn, the buyer has the right to withdraw from the purchase contract in accordance with Section 53 (7) of the Civil Code, within fourteen (14) days after receipt of the goods. Withdrawal from the purchase contract must be delivered to the Seller verifiably within 14 (14) days of receipt of the goods, to Seller's electronic mail
5. 3. In case of withdrawal from the contract pursuant to Art. 5.2 of the Business Terms, the Purchase Contract is canceled from the beginning. Goods must be returned to the seller within 10 business days of dispatch of the contract of withdrawal to the seller. Goods must be returned to the seller undamaged and unused and, if possible, in the original packaging.
5. 4. Within ten (10) days of returning the goods to the Buyer in accordance with Article 5.3 of the Terms and Conditions, the seller is entitled to review the returned goods, in particular to determine whether the returned goods are damaged, worn or partially consumed.
5. 5. In case of cancellation under Article 5.2 of the Business Terms and Conditions, the Seller shall return the Purchase Price (excluding the costs incurred for the delivery of the Goods) to the Purchaser no later than ten (10) days from the end of the period for reviewing the Goods under Article 5.4 of the Terms of Business, cashless to an account specified by the buyer. The seller is also entitled to return the purchase price in cash when the goods are returned to the buyer.
5. 6. The Buyer acknowledges that if the goods returned by the buyer are damaged, worn or partially consumed, the seller is entitled to the buyer's claim for damages to him. The seller is entitled to indemnify one party against the buyer's claim for repayment of the purchase price. The seller reserves the right to (reimburse) the price of the goods to reduce by the amount that the goods have lost otherwise than normal wear and tear.
5. 7. In case of cancellation, the buyer pays the return of the goods (transport, packaging, etc.) back to the seller. Returned mail sent in cash will not be accepted.
Carriage and delivery of goods
6. 1. The method of delivery of the goods is determined by the seller, unless stipulated otherwise in the purchase contract. The seller will send the goods to the purchaser within the specified deadline as soon as the respective amount of the order has been credited to the seller's account.
6. 2. If the mode of transport is agreed on the buyer's request, the buyer bears the risk and any additional costs associated with this mode of transport.
6. 3. If the seller is obliged to deliver the goods in the place specified by the buyer in the order, according to the purchase contract, the buyer is obliged to take over the goods upon delivery. If the buyer does not take delivery of the goods, the seller is entitled to claim a storage fee of CZK 100 (in words: one hundred Czech crowns) and is also entitled to withdraw from the purchase contract.
6. 4. If, for reasons of buyer's need, the goods are to be delivered repeatedly or in any other way than stated in the order, the buyer is obliged to pay the costs associated with the repeated delivery of the goods, respectively. costs associated with another delivery method.
6. 5. When the goods are taken over from the carrier, the buyer is obliged to check the integrity of the packaging of the goods and, in the event of any defects, to notify the carrier without undue delay. In the event of a violation of the packaging indicating unauthorized entry into the consignment, Buyer is not required to take delivery of the consignment from the carrier. By signing the delivery note, the buyer confirms that the consignment of goods complies with all terms and conditions, and any later complaint about the shipment may not be taken into account.
6. 6. Other parties' rights and obligations in the carriage of goods may alter the seller's terms of delivery.
Liability for defects, Warranty
7. 1. The rights and obligations of the parties regarding the seller's liability for defects, including the seller's liability, are governed by the relevant generally binding regulations (in particular the provisions of Section 612 et seq. Of the Civil Code).
7. 2. The Seller shall be liable to the Buyer for the fact that the item sold is in conformity with the Purchase Agreement, in particular that it is defective. Conformity to a sales contract means that the item being sold has the quality and utility properties required by the contract, the seller, the manufacturer or his agent described or the expected advertising, or the quality and utility of the kind of thing that is customary to comply with the requirements of the law , is in the appropriate quantity, degree or weight and corresponds to the purpose which the seller states for the use of the item or for which the thing is usually used.
7. 3. If the Buyer is not in compliance with the Purchase Agreement ("Contract with the Purchase Agreement"), the Buyer has the right to bring the item free of charge and without undue delay to the condition corresponding to the Purchase Agreement, at the buyer's request either by replacing the item or by repairing it; if such a procedure is not possible, the buyer may require a reasonable discount on the price of the item or withdraw from the contract. This is not the case if the buyer knew, prior to taking over the item, the breach of the purchase contract or caused the contradiction with the purchase contract. A conflict with a sales contract that occurs within six (6) months from the date of receipt of the item shall be deemed to be a conflict existing at the time of its acceptance unless it is inconsistent with the nature of the thing or unless otherwise proven.
7. 4. If the goods are not damaged or used, the seller is responsible for defects, which will appear as a conflict with the purchase contract after taking over the item during the warranty period (warranty).
7. 5. Buyer's rights arising from seller's liability for defects, including seller's warranty, are claimed by the buyer at the seller's address
Other rights and obligations of the parties
8. 1. Buyer acquires ownership of the goods by paying the full purchase price of the goods.
8. 2. Buyer acknowledges that the software and other components of the web interface of the store (including photos of the offered goods) are copyrighted. Buyer undertakes not to engage in any activity that may allow him / her or third parties to tamper with or improperly use the software or other components that constitute the web interface of the store.
8. 3. The purchaser is not authorized to use mechanisms, software, or other procedures that could negatively affect the operation of the web interface of the store when using the web interface of the store. The web interface of the store may only be used to the extent that it is not at the expense of the rights of the other customers of the seller and is in accordance with its intended purpose.
8. 4. The Seller is not bound by any Code of Conduct in relation to the Purchaser within the meaning of Section 53a (1) of the Civil Code.
8. 5. The Buyer acknowledges that Seller is not responsible for any errors resulting from third-party attacks on a website or the use of a website contrary to their intended purpose.
Privacy and business messaging
9. 1 Protection of the buyer's personal data, which is a natural person, is provided by Act No. 101/2000 Coll., On the Protection of Personal Data, as amended.
9. 2. The buyer agrees to process these personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data").
9. 3. The Buyer agrees with the processing of personal data by the Seller for the purpose of realizing the rights and obligations of the Purchase Agreement and for the purpose of sending information and business communications to the Seller.
9. 4. The Buyer acknowledges that he is obliged to state his / her personal data (when registering, in his user account, when ordering from the web interface of the store) correctly and truthfully and that he is obliged to inform the Seller about change in his personal information without undue delay data.
9. 5. In addition to the persons transporting the goods and for the purpose of processing the accounts, the personal data will not be transferred to the third party by the seller without the buyer's prior consent.
9. 6. Personal data will be processed indefinitely. Personal data will be processed in electronic or printed form.
9. 7. The Buyer confirms that the personal data provided are accurate and that he has been informed that this is a voluntary provision of personal data.
9. 8. If the buyer requests information on the processing of his or her personal data, the seller is obliged to pass on this information. Also about correcting, adding or deleting personal information.
9.9. The Seller declares that all personal data of the purchaser are treated as confidential, will be used only for internal use, will not be disclosed, disclosed to third parties, or otherwise misused.
9.10. Customer data will be processed solely for the purpose of order processing and delivery of the goods.
Delivery
10. 1. Unless otherwise agreed, all correspondence relating to the Purchase Agreement shall be delivered to the other Contracting Party in writing, by e-mail, in person or by registered postal service provider (at the option of the sender). The buyer is delivered to the email address listed in his user account.
10. 2. Message received:
in the case of delivery by e-mail, when it is received at the incoming mail server; the integrity of messages sent by e-mail can be secured by a certificate,
in the case of delivery in person or through a postal service operator by taking over the consignment by the addressee,
in the case of delivery in person or through the postal service operator, also by refusing to accept the consignment, if the addressee (or the person authorized to take over the consignment) refuses to take over the consignment,
in the case of delivery through the postal service provider within ten (10) days from the deposit of the consignment and the giving of the request to the addressee to take over the stored consignment, if the postal item is deposited with the postal operator, even if the addressee did not know the deposit.
Final Provisions
11. 1 If the relationship related to the use of the website or the legal relationship established by the Purchase Agreement contains an international (foreign) element, then the parties agree that the relationship is governed by Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11. 2. Seller is authorized to sell goods on the basis of a trade license and the activity of the seller is not subject to any other authorization.
11. 3. If any provision of the Business Terms and Conditions is invalid or ineffective, or if it becomes, instead of invalid clauses, a clause will be taken to the extent that the purpose of the invalid clause is as close as possible. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the sales contract or business terms require a written form.
11. 4. Contact details of the seller are listed in the header and in the order
11. 5. The purchase contract, including business terms and conditions, is archived by the seller in electronic form and is not accessible.
These Terms and Conditions are valid and effective from March 5, 2021
