Terms and Conditions
TERMS AND CONDITIONS
Business Company
CAPPA 2, Ltd.,
based in Prague 9 – Běchovice, Podnikatelská 565, Postcode 190 11
ID no.: 60111470, VAT no.: CZ60111470
registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 123943,
for sale of goods through an online store located at the address http://www.cappa.cz/.
1.Introductory provisions
1.1. These Trade Terms and Conditions (hereinafter referred to as the “Terms and Conditions") of the business company CAPPA 2, Ltd, with its registered office in Prague 9 – Běchovice, Podnikatelská 565, Postcode 190 11, ID no: 60111470, VAT: CZ60111470, registered in the Commercial Register maintained by the Municipal Court in Prague, Section C, Insert 123943 (hereinafter referred to as the „Seller“) govern the reciprocal rights and obligations of the Contracting Parties resulting from the provisions of Section 1751 par. (1) of Act No. 89/2012 Coll., Civil Code (hereinafter referred to as"the Civil Code" in connection with or on the basis of a Purchase Contract (hereinafter referred to as a „Purchase Agreement“) concluded between the Seller and any other natural or legal person (undermentioned as „Buyer“) through the Seller's Internet shop. The e-shop is operated by the seller on a web site located at http://www.cappa.cz/ (hereinafter referred to as the „website“) through the web interface (hereinafter referred to as the „web interface of the shop“). Through the internet store there are offered car seat covers, car accessories, sport goods and breeding supplies.
1.2. Provisions different from the terms and conditions may be negotiated in the purchase contract. Different arrangements in the purchase contract have precedence over the provisions of the terms and conditions.
1.3. Provisions of Terms and conditions are an integral part of the purchase contract. The purchase contract and the Terms and Conditions are made in the Czech language. The purchase contract can be concluded in the Czech language.
1.4. The seller may change or add the wording of the trade terms. 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.
2. Conclusion of the purchase contract
2.1. All presentations of the goods placed in the web interface of the shop are informative and the seller is not obliged to conclude a purchase contract for these goods. The provision of § 1732 par. 2 of the Civil Code does not apply.
2.2. The store's web interface contains information about the goods, including the prices of individual goods. Prices of goods are quoted including value added tax and all related fees. Product prices remain valid for as long as they are displayed in the web interface of the shop. This provision does not limit the seller's ability to conclude a purchase contract under individually negotiated terms.
2.3. The web interface of the shop also contains information on the cost of delivering goods (transport charges). Information on the costs related to the delivery of the goods listed in the web interface of the shop applies only in cases where the goods are delivered within the territory of the Czech Republic.
2.4. To order goods, the buyer completes the order form in the web interface of the shop. When ordering goods, the buyer is obliged to indicate correctly and truthfully all data. Data, mentioned by the buyer when ordering the goods is considered correct by the seller.
The order form contains, in particular, information about:
– ordered goods (the buyer „puts" ordered goods into the electronic shopping cart (basket) of the web interface of the shop),
– the method of payment of the purchase price of goods, details of required method of delivery of the ordered goods (taking over the goods by the buyer directly at the seller's premises at Taušlova 528, 561 51 Letohrad or dispatch of goods by the seller by means of a carrier to the address stated by the buyer)
– information on the costs related to the supply of the Goods (collectively referred to as the „Order“).
2.5. Before sending the order to the seller, the buyer is allowed to check and modify the data that the buyer has placed in the order, also with regard to the buyer's ability to identify and correct the errors that occurred 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 are deemed correct by the seller. After the order is sent, the computer program automatically generates a message containing a confirmation of delivery of the order and recapitulation of the order, and this message is sent to the buyer at the e-mail address stated by the buyer in the order (hereinafter referred to as the „buyer's electronic address“) and also to the seller, at the e-mail address, referred to in Article 11.5 of these Terms and Conditions (hereinafter referred to as an „email address of the seller“). This message is not considered acceptance of the order.
In addition to the aforementioned message, automatically generated by the seller's computer program, the seller will send at the buyer's email address an acknowledgment of receipt of the order together with a notice of its processing and delivery of the ordered goods within 24 hours of receipt of the buyer's order. If the order is made on the last working day of a week, on Saturday, Sunday or holiday, the seller shall send to the buyer the acknowledgment of receipt of the order together with a notice of its processing and delivery of the ordered goods at the latest on the next working day. By delivering the above mentioned acknowledgment of receipt of the order together with the communication about its handling and execution of the ordered goods dispatch, a contractual relationship – the purchase contract comes into existence between the seller and the buyer.
In the same terms, mentioned in the previous paragraph of this Article 2.5, the seller will send a message at the buyer's electronic address indicating the impossibility to deliver the ordered goods, or on the possibility of delivering goods within a longer period than the time limit specified in the previous paragraph of this Article 2.5. If the Seller is able to deliver the ordered goods within a period longer than the time limit specified in the preceding paragraph of this Article 2.5, the Buyer shall within 24 hours from receipt of the Seller's message notify the Seller at the Seller's electronic address if he insists on the delivery of the Goods within a longer period. In the affirmative case, the contractual relationship – purchase contract between the seller and the buyer is concluded at the moment of delivery of the buyer's message to the seller that he insists on the delivery of goods in a longer period. In the event that within 24 hours of receipt of the message of the seller to the buyer about the possibility to deliver the goods within a longer period, the seller will not receive any message from the buyer, he / she will receive a message from the buyer indicating that he / she is not interested in the delivery of goods within a longer period of time, then after the elapsing of 24 hours after receipt of the seller's message to the buyer about the possibility to deliver the goods within a longer period, the buyer´s order is cancelled. The buyer´s order is also cancelled by sending the seller's message to the buyer with a statement that it is impossible to deliver the ordered goods.
The buyer is entitled to cancel the order if the cancellation occurs prior to delivery of the seller's confirmation to the buyer on receipt of the order together with a notice of its handling and delivery of the ordered goods or before the delivery of the seller's message to the buyer with a notice of the possibility of delivery the goods in a longer period.
2.6. 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).
2.7. The buyer agrees to use remote means of communication when concluding the purchase contract. Costs incurred by the buyer when using distance means of communication in connection with the conclusion of a purchase contract (costs of internet connection, telephone call costs) shall pay the buyer himself, whereas these costs do not differ from the basic rate.
3. The price of the goods, payment terms and the takeover of goods by the buyer
3.1. The buyer is obliged to pay to the seller the price of goods and costs related to the delivery of goods under the purchase contract in following ways:
– in cash at the seller's premises at the address: Taušlova 528, 561 51 Letohrad in the case of a buyer's obligation to take over the goods directly at these premises,
– cash on delivery at the place specified by the buyer in the order in case of the seller's obligation to send the goods to the buyer via a carrier to the place specified by the buyer in the order
3.2. Together with the purchase price, the buyer is also obliged to pay to the seller delivery costs for goods (transport charges) at the agreed rate. Unless otherwise specified, as the purchase price are also understood costs related to the delivery of goods
3.3. The seller does not ask the buyer for a deposit or other similar payment.
3.4. In the case of cash payment or cash on delivery, the purchase price is payable upon receipt of the goods.
3.5. The Seller is entitled, in particular in the event that the buyer does not send an additional confirmation of the order (Article 2.6), request the payment of the entire purchase price before the goods are dispatched to the buyer. Provision of the § 2119 par.1 of the Civil Code does not apply.
3.6. In the event of buyer's obligation to take over the goods directly at the seller's premises at Taušlova 528, 561 51 Letohrad, the buyer is obliged to take over the goods within 7 business days from the date when the Seller sends to the Buyer an acknowledgment of receipt of the order together with a communication about its handling and delivery of ordered goods, made in accordance with the Article 2.5 of the Terms and Conditions.
In case of the seller's obligation to send goods to the buyer via a carrier at the place specified by the buyer in the order, the buyer is obliged to take over the goods from the carrier at the time of delivery of goods to this place mentioned by the buyer, whereas the seller will indicate the delivery date together with communication about its execution and dispatch of ordered goods made in accordance with Article 2.5 of the Terms and Conditions.
4. Withdrawal from purchase contract
4.1. The Buyer takes due note that, under the provision of §1837 of the Civil Code, it is not possible to withdraw, inter alia, from a purchase contract for the supply of goods which have been adapted according to the buyer's wishes (for example, tailor-made car seat covers, tailor-made carpets) or for his person or for the supply of perishable goods as well as goods which have been irreversibly mixed with other goods, after the delivery of goods in a sealed package which the consumer has removed from the packaging and which cannot be returned for hygienic reasons and from the purchase contract of delivery of an audio or video recording or a computer program if he damaged their original packaging.
4.2. If it isn´t the case referred to the Article 4.1 or another case when it is not possible to withdraw from the purchase contract, the buyer has the right to withdraw from the purchase contract in accordance with the provision of § 1829 par. 1 of the Civil Code, within 14 days from the receipt of the goods, where, in the case of several types of goods or the delivery of several parts of goods, this period begins to run from the date of the last delivery of goods. The withdrawal from the purchase contract must be sent to the seller within the time limit specified in the previous sentence. The withdrawal from the purchase contract may be sent by the buyer, inter alia, to the address of the seller's premises: Taušlova 528, 561 51 Letohrad or at the electronic address of the seller:
4.3. In the event of withdrawal from the Purchase Contract in accordance with the article 4.2 of the Terms and Conditions, the Purchase contract is cancelled from the outset. The goods must be returned to the seller within 14 (fourteen) days of withdrawal from the contract sent to the seller. If the buyer withdraws from the purchase contract, the buyer bears the cost of returning the goods to the seller, even if the goods cannot be returned by normal postal route.
4.4. In the event of withdrawal from the purchase contract under Article 4.2 of the Terms and Conditions, the seller shall return the funds received from the Buyer within fourteen (14) days from the day of withdrawal from the Purchase Contract in the same way as the Seller has accepted these funds from the Buyer. The seller is also entitled to return the performance provided by the buyer upon returning the goods to the buyer or otherwise, provided that the purchaser agrees to do so without incurring additional costs to the buyer. If the buyer withdraws from the purchase contract, the seller is not obliged to return the received funds to the buyer before the buyer returns the goods or shows that the goods have been dispatched to the contractor.
4.5. The Seller is entitled to take into account damages to goods unilaterally against the Buyer's claim for a refund of the purchase price.
4.6. If a gift is provided to the buyer together with the goods, the gift agreement between the seller and the buyer is concluded with the condition that if the buyer withdraws from the purchase contract, the deed of gift loses the efficiency and the buyer is obliged to return the goods to seller together with the gift provided to him
4.7. In the event that the buyer refuses to take over the goods delivered a carrier, or the carrier is unable to deliver the goods to the buyer due to his absence, the seller is entitled to withdraw from the purchase contract. If the seller withdraws from the purchase contract, the buyer bears costs related to the delivery of goods (carriage fees) to the seller. The Seller is also entitled to claim compensation from the Buyer for damages resulting from breach of contractual obligations.
5. Transport and delivery of goods
5.1. For the transport of goods to a place specified by the buyer in the order, the seller uses services of the carrier – company Geis Parcel CZ, s.r.o., with registered office Zemská 211 / I, 33701 Ejpovice, IČ: 63077051
5.2. If the method of transport is agreed pursuant to the buyer's special request, the buyer bears the risk and any additional costs related to this method of transport.
5.3. 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.
5.4. If, for reasons of buyer's need, it is necessary to deliver the goods repeatedly or in a manner other than that stated in the order, the buyer is obliged to pay the costs related to the repeated delivery of goods, eventually costs related to another delivery method.
5.5. Upon receipt of goods from the carrier, the buyer is obliged to check the integrity of the packaging of goods and, in the event of any damages, to notify the carrier without undue delay. In the event of a damage of the packaging indicating unauthorized entry into the consignment, the buyer is not obliged to take over the delivery from the carrier.
6. Rights from defective performance
6.1. The seller provides the buyer with a 24-month quality guarantee for goods.
6.2. The rights and obligations of the parties regarding rights from defective performance are governed by applicable generally binding regulations (in particular by provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
6.3. The seller is responsible to the buyer for the goods to be free from defects. In particular, the seller is responsible to the buyer that at the time the buyer took over the goods:
– the goods have characteristics that parties have negotiated and, in the absence of an arrangement, have such characteristics as the seller or manufacturer has described or which the buyer expected with regard to the nature of goods and the advertising which they made,
– the goods are suitable for the purpose which the seller indicates or to which goods of this type are normally used,
– the goods correspond to the quality or performance of the agreed sample or model if the quality or design has been determined on the basis of the agreed sample or model,
Goods are in the appropriate quantity, degree or weight, and
– the goods comply with legal requirements.
6.4. The provisions of Article 6.3 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, for the wear and tear of the goods due to their normal use, in the event of the used goods for a defect corresponding to the degree of wear which goods had at the moment of taking over by the buyer, or if it results from the nature of the goods.
6.5. If there is a defect within six months of the taking-over, the goods are deemed to have been defective already at taking-over.
6.6. Rights from defective performance are claimed by the buyer at the seller's address at his premises Taušlova 528, 561 51 Letohrad. As the moment of claiming is regarded the moment when the seller received goods under complaint. from the buyer.
7. Other rights and obligations of contracting parties
7.1. The buyer acquires ownership of the goods by paying the full purchase price of the goods.
7.2. The seller is not bound by any codes of conduct in relation to the buyer in the sense of provision of § 1826 par.1 letter e) of the Civil Code.
7.3. The seller is authorized to sell goods on the basis of a trade license. The control of the trade license is carried out within the scope of its competence by the relevant Trade Licensing Office. The supervision of the area of personal data protection is carried out by the Office for Personal Data Protection. The Czech Trade Inspection exercises to a limited extent, inter alia, the supervision of compliance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
7.4. The buyer hereby takes on the risk of changing circumstances in accordance with § 1765 par.2 of the Civil Code.
8. Protection of personal data
8.1. The Provider processes the personal data of users under the Principles of processiong and protection of personal data.
9. Sending business messages
9.1. The buyer agrees with sending information related to the seller's goods, services or business to the buyer's electronic address and agrees to send business communications to the buyer's electronic address.
10. Delivery
10.1. The buyer may receive messages to the buyer's electronic address
11. Final provisions
11.1. If a relationship based on a purchase contract contains an international (foreign) element, then the parties agree that the relationship is governed by the Czech law. This does not affect the consumer's rights under generally binding legal regulations.
11.2. If any provision of the Terms and Conditions is invalid or ineffective, or if it becomes ineffective, instead of invalid provisions, a provision will be introduced of which signification approaches as close as possible to the invalid provision. The invalidity or ineffectiveness of one provision is without prejudice to the validity of the other provisions. Changes and additions to the purchase contract or business terms require a written form.
11.3. The Purchase contract, including Terms and Conditions, is archived by the Seller in electronic form and is not accessible.
11.4. A sample form for the withdrawal of the purchase contract is in the attachment of Terms and Conditions.
12.5. Contact information of the seller: Delivery address Taušlova 528, 561 51 Letohrad, e-mail address info@cap¬pa.cz, phone +420 465 677 340
Prague, 9.5.2014.