1. Initial provisions
1.1 Plastic Invasion s.r.o., Praha 13, Stodůlky, Klukovická 1526/16, Czech Republic, Business ID. Number 03604926, Tax ID. Number CZ03604926, entered in the Commercial Register of the City Court in Prague, Section C, Insert 234338, is an operator of the Internet websites as well as a seller and supplier of the articles specified on these websites. The company exercises copyrights to these Internet websites and products and the appurtenances presented on these websites under Act No. 121/2000 Coll., Copyright Act, as amended. All the provisions and legal regulations quoted in the „General Business Terms“, are subject to the law of the Czech Republic. All and any disputes shall be resolved at competent and relevant courts of the Czech Republic.
1.2 Provisions that differ from Business Terms can be arranged in the Purchase Agreement. Such differing stipulations, stated in the Purchase Agreement, shall take precedence over the provisions of the Business Terms.
1.3 The Seller can alter or amend the Purchase Agreement. Such provisions shall not affect the rights and obligations exercised in accord with the former wording of Purchase Agreement.
2. Providing personal data and their protection
2.1 By means of adhering to special document the Seller complies with Seller’s information duty towards the Buyer in harmony with Article 13 of the EU Parliament and EU Council Directive 2016/679 on the protection of natural persons with regard to the processing of personal data and on free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter as “GDPR“) in relation to the processing of personal data of the Buyer for the purposes of compliance with the Purchase Agreement, for negotiating about the Purchase Agreement, and for the purposes of Seller’s compliance with public law.
3. Safety, copyright protection
The Buyer shall not interfere in the protocols or applications of the Seller´s websites, use them for transfer or try to get access to a place not open to the public without the approval of the Seller in electronic communication with the websites of the Seller. Any reproduction, copying, distribution and offering of the website content for consideration without the approval of the Seller is not allowed and shall be subject to the Copyright law.
4. Legal status of Seller and Buyer
4.1 Relationships between the Buyer and the Seller shall be governed by Act No. 89/2012 Coll., Civil Code, as amended (hereinafter the “Civil Code”).
4.2 These Business Terms stipulate the mutual rights and obligations of the Parties arising from or following from the Purchase Agreement (hereinafter the “Purchase Agreement”) entered into between the Seller and another physical or legal entity (hereinafter the “Buyer”) via the online shopping site of the Seller.
4.3 The online shopping site is operated by the Seller at the Internet address www.plasticinvasion.com, i.e. by means of a web interface.
4.4 The Business Terms shall not apply to situations when the Buyer, who is willing to purchase articles from the Seller, does so by ordering the articles as part of his/her entrepreneurial activities.
4.5 A consumer is any individual who, outside the framework of his/her entrepreneurial activities or beyond the framework of the independent performance of his/her profession, concludes an agreement with the Seller or acts with the Seller in another way.
4.6 Provisions that differ from the Business Terms can be agreed in the Purchase Agreement. Variant provisions in the Purchase Agreement shall take precedence over the provisions of the Business Terms.
4.7 For the purposes of out-of-court settlements in relation to consumer disputes arising from the Purchase Agreement, please refer to Czech Business Inspection Office seated in Štěpánská Street No. 567/15, 120 00 Prague 2, IČ: 000 20 869, website: http://www.coi.cz. For an on-line dispute platform where disputes between the Seller and Buyer (two contractual parties arising from the Purchase Agreement) could be resolved, please visit: http://ec.europa.eu/consumers/odr.
4.8 The Buyer undertakes a potential risk of changes in the conditions that arise in harmony with Article 1765, Section 2 of the Civil Code.
4.9 The Buyer receives the possession of the articles upon payment of the purchase price for the articles.
4.10 The Seller is not bound to any codes of conduct in accord with Act 1826, Art. 1, Section e) of the Civil Code.
4.11 Dealing with complaints of the consumers from the side of the Seller is carried out through Seller’s e-mail: info@plasticinvasion.com. Settling of Buyer‘s complaints from the side of the Seller is carried out by answering the e-mail of the Buyer and sending the answer to Buyer’s e-mail address.
4.12 European Consumer Centre Czech Republic, with a seat in Štěpánská 567/15, 120 00 Prague 2, website: http://www.evropskyspotrebitel.cz is a contact place for consumers to deal with consumer disputes. The center operates in harmony with the resolution of EU Parliament and EU Commission No. 524/2013 of May 21, 2013 on the Resolution of Consumer Disputes On-line and on the Amendment of Directive No. 2006/2004 and Directive 2009/22/ES (Directive on Resolution of Consumer Disputes On-line).
4.13 The Seller is entitled to sell the merchandise on the basis of a Trade License. Entities bearing the Trade License are subject to local Trade Inspection Authority inspections. Personal data protection is subject to supervision by Personal Data Protection Authority. Czech Trade Inspection Authority is entitled to supervise compliance in accordance with Act No. 634/1992 Coll., on Consumer Protection, as amended.
5. Selection of articles
5.1 The Buyer shall select articles exclusively using the websites of the Seller. The Buyer shall make itself acquainted in detail with the description of the articles to avoid any confusion in terms of the labeling, and image congruence, which can only depict one type, but in more configurations. Should the Buyer not be sure about the configuration and type of articles, it should contact the Seller exclusively via a contact form on the website.
5.2 The Buyer can access its user interface once registered on the website. The Buyer can order articles from his/her user interface (hereinafter the “User Account).
5.3 Buyers are obliged to provide only correct and true details during registration on the website as well as when ordering articles. Details stated in the User Account shall be updated following any changes by the Buyer. Details provided by the Buyer in his/her User Account and orders placed are regarded as correct by the Seller.
5.4 Access to the User Account is safeguarded by the user´s name and password. The Buyer shall keep confidential the information required for access to his/her User Account and acknowledges that the Seller takes no responsibility for any breaches of this obligation by the Buyer.
5.5 The Buyer is not entitled to allow any Third Parties to use his/her User Account.
5.6 The Seller can cancel his/her User Account, particularly if the Buyer fails to use his/her User Account for more than 1 year, or if the Buyer violates his/her obligations following the Purchase Agreement, including the Business Terms.
5.7 The Buyer acknowledges that the User Account need not be accessible permanently, particularly with respect to required maintenance of the Seller´s hardware and software, or necessary maintenance of the hardware and software of Third Parties.
5.8 The web interface of the online shopping site contains a list of articles offered for sale by the Seller, including the stated prices of individual articles offered for sale. Prices of the offered articles include value-added tax and all related fees. The offer for the sale of articles and the prices for such articles remain in force for the period they are visible on the web interface of the online shopping site. This provision shall not limit the possibility of the Seller to enter into a Purchase Agreement under individually agreed conditions. No offers for the sale of articles placed on the web interface of the online shopping site are binding and the Seller is not obliged to enter into a Purchase Agreement regarding such articles. The web interface of the online shopping site also contains information on the costs associated with packing and delivering the articles.
6. Ordered articles, entering into an agreement
6.1 To order articles, the Buyer shall fill in the order form on the web interface of the online shopping site. The Order Form contains the following information:
6.1.1 Information on ordered articles (the ordered articles are “placed into“ the electronic shopping cart of the website interface of the Plastic Invasion online store),
6.1.2 Information on the way of payment of the purchase price of the articles, information on the selected type of delivery of the ordered articles and
6.1.3 Information on the costs associated with the delivery of goods (hereinafter as an “order“).
6.2 The Buyer shall order articles (enters into a Purchase Agreement with the Seller) by filling in the details and requisites specified in the order form. Once the order has been checked for completeness, it is confirmed. While processing the order, the Buyer uses the menu, in which he/she can change some items even retrospectively. If the Buyer agrees with all the details he/she has stated in the order form, he/she shall confirm the order, which is then sent for further processing. Details specified in the order are regarded as correct by the Seller. After receiving the order, the Seller shall promptly confirm its acceptance to the Buyer by electronic mail, to the address of the Buyer´s electronic mail specified in the user interface or the order (hereinafter the “Buyer´s electronic address”). By placing an order, the Buyer undertakes to withdraw the articles ordered by it in the order form and, at the same time, he/she confirms his/her approval to debit the respective amount from his/her account without using his/her own signature.
6.3 The Seller reserves the right to verify or request additional details about the Buyer or his/her payment card in specific cases.
6.4 A contractual relationship between the Seller and Buyer arises from the acceptance of an order sent to the Buyer by the Seller by electronic mail to the Buyer´s electronic mail address.
6.5 Costs of the use of electronic means shall be governed by the agreement between the Buyer and the provider of his/her Internet connection. The Buyer consents to use remote use of communication means when entering into the Purchase Agreement. Costs incurred by the Buyer when using remote communication means in connection with entering into the purchase agreement (costs of the Internet connection, costs of telephone calls) shall be covered by the Buyer.
6.6 Subject to the character of the order, the number of articles, the price, transport costs, distance, etc., the Seller is at all times entitled to request that the Buyer authorize the order in an appropriate way, such as in writing or by telephone. An order shall be deemed invalid and the Purchase Agreement will lose its validity if the Buyer refuses to authorize the order in the required way.
6.7 The Seller also restricts the right to cancel an order in the event of a quite evident printing error concerning prices or descriptions of articles (the customer shall be informed by the Seller).
6.8 The Buyer acknowledges that the Seller is not obliged to enter into the Purchase Agreement, particularly with individuals who have violated the Purchase Agreement (including the Business Terms) in a gross manner.
6.9 All articles presented on the website interface of Seller‘s online store are only of an informative character and the Seller is not obliged to enter into Purchase Agreement on the articles displayed. In such case, Article 1732, Section 2 of the Civil Code does not apply.
6.10 The Seller, depending on the character of the order (amount of articles, total amount of purchase price, expected delivery costs), is always entitled to ask the Buyer for additional confirmation of the order (i.e. in a written form or by phone).
7. Price and its payment
7.1 Prices specified on the website are effective for the Buyer at the moment of placing an order.
7.2 An invoice issued upon an order (purchase agreement) between the Seller and the Buyer also serves as a tax document and a bill of delivery. The invoice is either part of the delivered articles or it can be sent by email upon agreement. In principle, the Buyer can accept the articles once it has paid for them. Details on price terms of the transport and postage charges are stated below. Should the Buyer pay in advance and the Seller be unable to supply the articles, it shall return the paid amount to the Buyer in an agreed manner without any delay. The period depends on the method of reimbursement.
7.3 Details about price terms for transport and postage are shown below. The Buyer shall pay the purchase price to the Seller as well as the costs associated with packing and delivering the articles. Unless otherwise stated, the purchase price shall be further understood as also containing the costs associated with delivery of articles.
7.4 In the event of a payment in cash or a payment in cash on delivery, the purchase price shall be payable upon acceptance of the articles.
7.5 For cashless payments, the Buyer shall cover the purchase price for articles while stating the variable symbol of the payment. The obligation of the Buyer to pay the purchase price by cashless payment is met at the moment the relevant amount is credited to the Seller’s Account.
7.6 If the Buyer pays the price in advance and the Seller is not able to deliver the articles, the Seller shall promptly return the amount paid to the Buyer in the agreed way. The period will depend on the method of returning the payment.
7.7 Retention of title: The title to the delivered articles shall pass to the Buyer on the day the total price of the delivered articles, including appurtenances, such as the bank fee for any currency exchange, transport fee, packaging, etc., has been paid. The bank fees for any currency exchange shall be covered by the Buyer. The Buyer shall pay the price in the currency specified in the issued invoice.
7.8 The Seller does not ask the Buyer for any advance payments or payments of similar kind. Nevertheless, this does not affect Article 7.9 of the Business Terms on the obligation of the Buyer paying the purchase price of the articles prior to receiving them.
7.9 The Seller is entitled to collect the total amount corresponding to the price of the articles prior to sending the articles off to the Buyer, especially in case when the Buyer does not perform additional confirmation of the order (see Article 3.6) Section 2119, Subsection 1 of the Civil Code would not apply.
7.10 In accord with Czech Act on the Registration of Sales, the Seller is obliged to provide Buyer with the receipt for purchased articles. At the same time, the Seller shall register the accepted payment at their financial authority (electronically); in case of any unexpected technical problems hindering the ability to register the payment at the time of purchase, the Seller shall do so within 48 hours after the purchase.
7.11 Online payments are handled for us by Comgate payment gateway. The service provider, ComGate Payments, a. s., is a licensed payment institution operating under the supervision of the Czech National Bank. Payments made through the payment gateway are fully secured and all information is encrypted. For more information and contacts, please visit www.comgate.cz. For any technical complaints or questions about payments please contact ComGate Payments, a.s., Gočárova třída 1754 / 48b, Hradec Králové, e-mail: platby-podpora@comgate.cz, tel: +420 228 224 267.
8. Delivery term
The delivery term begins on the day the purchase agreement was duly entered into, i.e. once the Seller has sent a confirming e-mail for the articles for which the Buyer shall pay upon acceptance, i.e. cash on delivery. If the Buyer has selected a different option of payment rather than paying for the articles upon delivery, i.e. by payment transfer from its account to the Seller’s account or by using a payment card, the delivery period starts from the moment the specific amount has been credited to the Seller´s account. Should it be impossible to deliver the ordered articles by the specific deadline, the Seller shall inform the Buyer of this and it shall state the replacement date of delivery.
The delivery shall be carried out within 30 calendar days of the date the order was accepted.
Delivery options:
- delivery via a courier service (for the Czech and Slovak Republics)
- delivery by mail (for other countries)
The Seller reserves the right to modify the prices with regard to the development of postal charges specified by the post office.
Payment options:
- cash on delivery (for both Czech and Slovak Republics);
- bank transfer;
- payment card;
Accepted payment cards:
- VISA Electron
- VISA
- MasterCard
- Maestro
Method of payment with a payment card:
Should the holder of the payment card/Buyer decide to use a payment card to pay for the selected articles, it shall fill in the details on the payment card on the payment site of the banking institution. The banking institution shall provide a secure coded data transfer and it notifies the Seller only of the result of the authorization, which, at the same time, is an instruction to execute the order. This prevents any opportunity to misuse the payment card by the entity the Buyer is buying the articles from and free transfer of unprotected data in the public computer network. The Seller does not save the numbers of payment cards.
9. Delivery
9.1 The delivery method of the articles shall be specified by the Seller unless otherwise stated in the Purchase Agreement. Should the delivery method be agreed upon as a requirement of the Buyer, the risk and any additional costs connected with such method shall be borne by the Buyer.
9.2 If under the Purchase Agreement the Seller is obliged to deliver articles to the address specified by the Buyer in the order, the Buyer is obliged to accept the articles upon delivery. If the Buyer fails to accept the articles upon delivery, the Seller shall be entitled to request a fee for storage in the amount of CZK 70.- (in words: fifty Czech crowns), and it is also entitled to withdraw from the Purchase Agreement.
9.3 If the articles have to be delivered repeatedly due to reasons on the Buyer’s side, or using a method different to that specified in the order, the Buyer shall be obliged to pay the costs associated with repeated delivery of the articles, or the costs connected with the different method of delivery.
9.4 The Buyer shall duly accept the articles from the carrier, check the packaging integrity and inform the carrier itself without any delay should it establish any defects. Should the Buyer establish any damage to the original packaging of the articles or other damage to the packaging evidencing an illegal infringement of the consignment, it is recommended that the Buyer not accept the consignment in its own interest. If the Buyer accepts such a consignment, it shall fill in a damage form with the specific forwarding agent, signed by both parties. The Buyer shall claim the compensation from the forwarding agent. By signing the bill of delivery, the Buyer confirms that the consignment has met all the terms and appurtenances stated above. Later complaints about damaged consignment packaging will not be taken into account. The Seller bears no responsibility for any damage incurred by the forwarding agent or a third party.
9.5 Further rights and obligations of contractual parties referring to the delivery of articles could be amended by special delivery conditions of the Seller, in case the Seller issues such conditions.
10. Guarantee, complaints
10.1 A guarantee for the sold articles shall be provided by the Seller under the generally binding legal regulations of the Czech Republic. The guarantee period commences as of the day the Buyer accepts the articles from the Seller. The guarantee applies to manufacturing defects or other defects not incurred as a result of incompetent or inconsiderate handling, use of the product in conflict with its purpose or instructions for assembly, mechanical damage, natural disasters, or as stipulated by law. Please note that the image on the packaging of the articles is informative only and does not need to fully comply with the contents of the delivered articles.
10.2 Complaints can also be lodged via a complaint form, in extraordinary cases at the following email address: info@plasticinvasion.com.
10.3 Faulty articles can be sent by mail unless the Seller and the Buyer have agreed in advance by e-mail that the Seller shall see to sending the defective, missing, or otherwise complained part of the article of the complained article to the Buyer without requesting to inspect the faulty article. Should the buyer send the faulty item back to the seller, it is recommended to add a legible original of the purchase document – the invoice and a detailed description of the defect. If the articles accepted by the Buyer do not comply with the purchase agreement, the Buyer shall have the right to have the item put into the condition corresponding to the purchase agreement by the Seller free of charge and without any delay, namely, either by replacing the items(s) or by completing it (them) subject to the Buyer´s requirement. If such a procedure is impossible, the Buyer can request an adequate suitable reduction in the price of the articles or it can withdraw from the agreement. This shall not apply to situations where the Buyer knew about the conflict before accepting the articles or if the conflict with the purchase agreement was caused by the Buyer himself.
10.4 For justified complaints, the Buyer is authorized to:
- have its complaint settled at the latest within 30 calendar days of the day the complaint was enforced unless the Seller agrees otherwise with the Buyer;
- for fixable defects, the Buyer has the right to free, due, and timely removal of the defect, the right to exchange the defective articles or defective parts, unless it is disproportional in terms of the character of the defect and if such procedure is impossible, the right to a suitable reduction in the purchase price or to withdraw from the purchase agreement;
- in non-fixable defects that prevent due use of the article, the right to replacement of the defective articles or to withdraw from the agreement.
10.5 Once the complaint has been accepted, the Buyer shall be informed of the most suitable form and details of the complaint procedure within 7 days. A record in writing of accepting the complaint and its settlement shall be made and sent to the email address of the Buyer. If the complaint is justified, the Buyer has the right to compensation for all costs purposefully incurred in connection with the enforced complaint.
10.6 The rights and obligations of contractual parties for compensation in the event of defective performance are governed by all relevant Community legislation (in particular provisions of S. 1914 to S. 1925, S. 2099 to S. 2117, and S. 2161 to S. 2174 of the Civil Code 634/1992 Coll., on the Protection of the Consumer, as amended).
10.7 The Seller shall be held responsible for defect-free articles upon acceptance. In particular, the Seller is responsible towards the Buyer that the purchased article has the quality and properties required by the agreement, described by the Seller, manufacturer or its representative, or expected by these upon the advertising carried out, or that the purchased article has the quality and properties common for an article of such type; that the purchased article corresponds to the requirements stipulated in the legal regulations, it was provided in the corresponding quantity, rate or weight and it corresponds to the purpose specified by the Seller for use of the article or the purpose such article is usually used for.
10.8 Upon acceptance by the Buyer, should the article have a defect, the Buyer has the right to have the article put in the condition corresponding to the Purchase Agreement by the Seller free of charge and without any delay, upon the requirement of the Buyer either by replacing the article or by its repair; if such a procedure is impossible, the Buyer can request an adequate price reduction of the article or can withdraw from the Agreement. This shall not apply if the Buyer knew that it showed a defect or if the Buyer itself inflicted the defect before acceptance of the article.
10.9 The Buyer shall be entitled to enforce the right from a defect occurring in a consumable article within twenty-four months (24) of acceptance, unless this contradicts the character of the article or unless the contrary is proved.
10.10 If the sold article, its packaging, the instructions appended to the article, or the advertising pursuant to other legal regulations, specifies a period for which the article can be used, the provisions of the quality guarantee shall be applied.
10.11 The rights following from defective performance, including the guarantee responsibility of the Seller, shall be applied by the Buyer on the Seller, at the address Klukovická 1526, Praha 5, 155 00.
10.12 Provisions stated in Art. 10.7 of the Business Terms do not apply to the articles sold for decreased price due to their defective condition (which was a reason for lowering the price), further to used articles and their wear and tear caused by their use, and to used articles with defect that was caused by use of the articles prior to the handover of the articles to the Buyer or if it implies to the character of the article as such.
10.13 Further rights and obligations of contractual parties regarding the responsibility of the Seller for defects could be addressed and specified within the Complaint Regulation of the Seller.
11. Withdrawal from Agreement
11.1 The Buyer acknowledges that subject to s. 1837 of the Civil Code, apart from others, it is impossible to rescind the Agreement:
a) upon provision of services – should the provided services be met with the Buyer´s prior explicit consent before the expiry of the period for withdrawal from the agreement and before the agreement was concluded, the Seller notifies the consumer that it has no right to withdraw from the agreement in such case;
b) upon delivery of an article or services, the price of which depends on fluctuations in the financial market independent of the Seller´s will, and which can occur during the period for withdrawal from the Agreement;
c) upon the delivery of articles that were modified subject to the request of the consumer or for himself/herself;
d) upon delivery of an article in sealed packaging, which was removed from the packaging by the consumer and it is impossible to return the article due to hygiene reasons;
e) upon delivery of an audio or video recording or computer program, provided the original packaging was damaged;
f) upon delivery of newspapers, periodical magazines, or magazines;
g) upon delivery of an item with digital content, unless it was delivered on a material carrier with the prior explicit consent of the consumer before the expiry of the period for withdrawal from the agreement, and the businessman informed the consumer before concluding the agreement that in such case it has no right to withdraw from the agreement.
11.2 Save for an event specified in Art. 11.1., pursuant to the provisions of s. 1829, subs. 1 of the Civil Code, the Buyer has the right to withdraw from the Purchase Agreement within fourteen (14) days of the date of article acceptance. Withdrawal from the Purchase Agreement must be demonstrably delivered to the Seller within fourteen (14) days of the date the articles were accepted, i.e. to the address of the Seller´s electronic mail info@plasticinvasion.com or to the address of the Seller´s registered office at Klukovická 1526, Praha 5, 155 00.
11.3 In the event of withdrawal from the agreement subject to Art. 11.2 of the Business Terms, the Purchase Agreement shall be canceled from the beginning. The articles must be returned to the Seller undamaged and unused and, if possible, in the original packaging.
11.4 Should the Buyer withdraw from the Purchase Agreement subject to Art 11.2. of the Business Terms, the Seller is not obliged to return the received money to the Buyer before the Buyer returns the articles or before he/she proves that he/she has sent the articles to the Seller.
11.5 If the Buyer withdraws from the agreement, the Seller shall return to him/her all the money including costs for delivery received from him/her subject to the agreement, in the same way without any delay, at the latest within fourteen (14) days of the date of withdrawal from the agreement. The Seller shall return to the Buyer money received in a different way only if the consumer agrees to it and provided no additional costs shall be incurred.
11.6 If the Buyer selects a different method of delivery than the cheapest one offered by the Seller, the Seller shall return to the Buyer the costs for delivery of the articles in the amount corresponding to the cheapest offered method of delivery of the articles.
11.7 The Buyer acknowledges that should the articles returned by the Buyer be damaged, worn, or partially consumed, the Seller shall have the right to compensation for the loss incurred by it as a result. If so, the Seller is obliged to provide evidence for the loss incurred. The Seller is entitled to set off the claim to payment of the incurred loss unilaterally against the claim of the Buyer for a refund of the purchase price.
11.8 For withdrawals from the agreement, please follow the instructions in the specimen guidance on the right to withdraw and use the specimen form, which is a constituent part of the specimen guidance on the right to withdraw, stating the order number and invoice number. We kindly request that you specify the reason for withdrawal from the agreement. This information is not compulsory and will not have any influence on the validity of the withdrawal; its purpose is solely to improve the quality of our services!
11.9 The Buyer shall return articles within 2 work days of dispatching the notification of withdrawal at the latest, either by personal delivery to the registered office of the Seller or by dispatching it to the address of the Seller. A document of acceptance (invoice) shall be appended to the returned articles so that the consignment can be explicitly identified. If the returned articles are damaged or worn in any way, the Seller reserves the right to compensate for the loss in a refund against the purchase price. The articles cannot be returned using the “cash on delivery” method.
11.10 In cases when the Buyer, in accordance with provisions 1829, S. 1 of the Civil Code, can exercise his/her right to withdraw from the Purchase Agreement, the Seller reserves the rights also to withdraw from Purchase Agreement and that before the Buyer overtakes the articles. In such cases, the Seller remunerates the Buyer without unnecessary delay in the form of a money transfer to the account stated by the Buyer.
11.11 In case the article sold also contains a present for the Buyer, the Donor Agreement between the Seller and Buyer stipulates a condition for the case when the Buyer withdraws from the Purchase Agreement stating that along with the return of the articles to the Seller, the Buyers is also obliged to return the present. In such a situation, the Donor Agreement ceases to exist.
11.12 Withdrawal from the purchase agreement form
12. Order cancellation
The Buyer is authorized to withdraw from the order without any recourse at any time before the articles have been dispatched. The Seller reserves the right to cancel the order or its part in the following cases: the articles are no longer manufactured or supplied or the price of the articles has changed dramatically. If such a situation occurs, the Seller shall inform the Buyer immediately to agree on a further procedure. If the Buyer has already paid part or all of the purchase price, this amount shall be transferred back to its account or to the address in the shortest possible period unless otherwise agreed.
13. Conflict with the purchase agreement
If the item is in conflict with the purchase agreement upon acceptance by the Buyer (“conflict with the purchase agreement”), the Buyer has the right to have the item put into a condition corresponding to the purchase agreement by the Seller free of charge and without any delay, either by replacing the item or repairing it subject to the requirement of the Buyer. Should such a procedure be impossible, the Buyer can request a suitable reduction in the price of the article or withdraw from the agreement. This does not apply if the Buyer knew about the conflict with the purchase agreement before accepting the item or if such a conflict was inflicted by the Buyer himself. A conflict with the purchase agreement manifested during six months from the date of accepting the item is understood as a conflict existing already upon acceptance of the item, unless it contradicts the character of the item or unless the contrary is proved.
14. Waste disposal
Unused (unconsumed) articles should be treated as waste. The Buyer is entitled to dispose of the waste only in the manner specified by Act No. 185/2001 Coll., On waste, as amended, by implementing regulations as well as effective regulations locally at the domicile of the Buyer. The Seller does not provide any collection of used articles or their packaging. For this purpose, the Buyer has entered into an agreement on shared performance No. EK – F00020011 and No. 4146232 Landbell AG.
15. Notification for the Seller
The Seller notifies the Buyer of the fact that subject to Appendix 1, Subs. 2a), b) of Decree of the Czech Government No. 86/2011 Coll., on technical requirements for toys, as amended, true models of original products and building systems for building models at a reduced scale are not considered toys but are intended for collectors aged over 14.
16. Sending Business Communications and Saving Cookies
16.1 The Buyer agrees to receive information associated with the articles, services, or business of the Seller through e-mail. The Buyer further agrees to receive e-mails containing commercial communications of the Seller. The Seller complies with information obligation towards the Buyer in accordance with Art. 13 of the GDPR Regulation on the processing of personal data by means of issuing a special document.
16.2 The Buyer agrees with Seller’s cookie policy, i.e. saving the Buyer’s cookies onto Seller’s computer. In case when the purchase on the Seller’s website is possible without saving of cookies onto Seller’s computer and the conditions derived from Purchase Agreement are fulfilled, the Buyer is entitled to revoke his/her cookie policy approval.
18. Final provisions
18.1 These business terms are effective in the scope and wording shown on the Internet sites of the Seller as of the day an electronic order is placed. By placing an electronic order, the Buyer confirms to the Seller that the Buyer accepts the price of the ordered articles together with any dispatch and transportation costs and all business terms and provisions in the wording effective at the moment the order was placed. As soon as the Buyer receives a confirming e-mail from the Seller, the Seller´s offer for the ordered articles and the price specified in the order are effective until the articles are delivered to the Buyer unless any provisions of these General Business Terms stipulate otherwise in a special case. By placing an order, the Buyer undertakes to meet the General Business Terms for the period stipulated for the delivery of the articles. The Seller shall keep the order (purchase agreement) in its bookkeeping in electronic format for five years. Such archived purchase agreement is not accessible to the public.
18.2 If the contractual relation is based on the Purchase Agreement, which contains an international (foreign) element, the contractual parties agree the relation to be governed by Czech Law. The Buyer, i.e. a consumer, who is protected by mandatory provisions, is not losing protection by the choice of the law when an international (foreign) element applies (according to the previous sentence). The mandatory provisions cannot be derogated from any other agreement. In case of the absence of the choice of right, the mandatory provisions would be used in accordance with Regulation (EC) No 593/2008 of the European Parliament and of the Council on the Law Applicable to Contractual Obligations (Rome I) of June 17, 2008.
18.3 Should any of the stipulations of the Business Terms be invalid or ineffective, or become invalid or ineffective, the invalid and ineffective stipulations will be replaced by stipulations bearing the meaning closest to the invalid ones. Particular stipulations that become invalid or ineffective do not affect other stipulations stated in the Business Terms.
18.4 The Template Form for the Withdrawal from the Purchase Agreement constitutes an addendum of the Business Terms.
