1.1. These Terms and Conditions (the "Terms and Conditions"),
Originalky.cz s.r.o. located at address tr. Budovatelu 2392/88, 434 01 Most, Company ID: 06449760, VAT ID: CZ06449760, registered in Commercial Register under file name C40302, kept at Regional Court in Usti nad Labem. (hereinafter referred to as "Seller") govern in accordance with § 1751 paragraph. 1 of Act no. 89/2012 Coll. Civil Code (the "Civil Code") mutual rights and obligations of the parties arising in connection with or pursuant to the purchase agreement (the "purchase contract") concluded between the Seller and another natural person (the "Buyer") through the online store vendor . Internet shop is operated by the seller on the website located on the Internet at www.originalky.cz, www.originalky.eu and www.originalka.sk (the "Website").
1.2. Terms and conditions do not apply to cases where a person who intends to purchase goods from the seller is a legal entity or person acting in ordering goods within his business or in its separate profession.
1.3. Provisions derogating from the terms of trade can be agreed in the contract. Different arrangements in the contract of sale take precedence over those of business conditions.
1.4. The provisions of the commercial conditions are an integral part of the purchase contract. The purchase agreement and the terms and conditions are written in English language. Purchase contract may be concluded in the English language.
1.5. Text business conditions, the seller may modify or supplement. This provision shall not affect the rights and obligations arising during the term of the previous wording of the terms of trade.
2.1. By registering the buyer performed on the website, the buyer can access your user interface. From its user interface, the buyer can perform ordering goods (hereinafter referred to as "user account"). In the event that the web interface allows the buyer to perform ordering goods also without registration directly from the web interface.
2.2 When you register on the website and ordering goods, the buyer is obliged to state correctly and truthfully all information. The data listed in the user's account, the Buyer for any change required to update. The data referred to by the buyer in the user account and when ordering goods sellers are believed to be correct.
2.3 To access the User Account is a secure username and password. The buyer is obliged to maintain confidentiality regarding information necessary to access a user's account.
2.4 The buyer is not entitled to allow the use of user account to third parties.
2.5. Seller may cancel user account, especially when the buyer your user account does not take more than a year, or when the purchaser breaches its obligations under the purchase contract (including terms of trade).
2.6 Buyer acknowledges that the user account may not be available continuously, especially with regard to the necessary maintenance of hardware and software vendor, eventually. necessary maintenance of hardware and software of third parties.
3.1 All of the presentation of the goods placed in the web interface of the shop informatívneho character and the seller is not required to conclude the sale contract regarding goods. Provision § 1732 ods. 2 Civil Code is not used.
2.3 Commerce web interface contains information about the goods, not including bringing the prices of individual goods. The prices of the goods shown include value added tax. Prices of goods remain in force for a period when they are displayed in the web interface business. However, the Operator reserves the right to fix prices of goods before dispatch of the goods, if it finds that the goods offered at the wrong price. In this case, the customer must be informed of the correct price and the price adjustment has to be accepted. Otherwise, the closure will not purchase contract operator and the order will be canceled.
3.3 Commerce web interface also contains information on the costs associated with packaging and delivery of goods
3.4. For ordering goods, the buyer fills in the order form in the web interface business. Order form contains particular information on:
3.4.1. objednávanom goods (ordered goods "insert" the buyer into an electronic shopping cart business web interface)
3.4.2. the method of payment of the purchase price of the goods, the data on the desired method of delivery of the ordered goods and information on the costs associated with the delivery of the goods (hereinafter collectively referred to as "Order").
3.5 Before sending the order to the buyer to the seller is allowed to review and modify data in an order that the buyer entered, even with a view to permitting the purchaser to detect and correct errors incurred when entering data into order. The buyer sends the order to the seller by clicking the "Confirm order". Data presented in order are considered correct by the seller.
3.6 Submit an order is considered as such act buyer unequivocal manner that identifies ordering goods purchase price, the person, the buyer, the method of payment of the purchase price, and it is mandatory for the Parties draft purchase contract. The condition for the validity of the order is complete all the required data in the form objednávkovom, familiarization with these trading terms on the website and confirm the buyer that trade with these terms noting.
3.7 The seller shall immediately after receiving the order the buyer confirms receipt by e-mail, at the e-mail address of the purchaser set forth in the user interface or in the order (hereinafter "the electronic address of the purchaser").
3.8 The seller is always entitled to, depending on the nature of the order (quantity of goods, the height of the purchase price, estimated shipping costs) to ask the buyer for additional confirmation of the order (for example, in writing or by telephone).
3.9 Motion sales contract as the order is valid for fifteen days.
4.0. Contractual relationship between the seller and the buyer there is confirmation of acceptance - will arrive by mail dispatch of goods) that is sent by the seller to the buyer via e-mail, at the e-mail address of the purchaser. While the contract is not concluded, it may be a (future) content varied. In most cases, this can amount to even one who gave the proposal its conclusion (new proposal).
4.1 In the event that any of the requirements listed in the order can not be fulfilled by the seller, the purchaser sends to the electronic address of the purchaser altered bid indicating the possible variations of the order and request the opinion of the buyer.
2.4 Altered bid is considered a new draft purchase contract and sale contract in such a case is closed until an acceptance of the buyer via email.
4.4 Buyer consents the use of communication means at a distance during the closing of the purchase contract. The costs incurred to the buyer using the communication means at a distance in relation to the closing of the sales contract (the cost for Internet connection, telephone costs) are borne by the purchaser himself, these costs are not different from the basic rate.
The Price of Goods and Payment Terms
5.1 Price of the article and any costs associated with the delivery of the goods purchase contract buyer can pay the seller in the following ways:
5.1.1 Cash in operation at the vendor located at tr. Budovatelu 2392/88, 434 01 Most, Czech Republic.
5.1.2 transfer (by credit card) at the vendor located at tr. Budovatelu 2392/88, 434 01 Most, Czech Republic or on our e-shop at www.originalky.cz, www.originalky.eu, www.originalka.sk
5.1.3 make a bank transfer to a vendor account no. IBAN: CZ342060000000000113-6903, SWIFT: CITFCZPPXXX driven by the company Citfin - Financni trhy, a.s. (hereinafter referred to as "vendor account ');
5.2 Together with the purchase price, the buyer and the seller is obliged to pay the costs associated with packaging and delivery of goods in the agreed amount. Unless expressly indicated otherwise, it is further purchase price and the costs associated with delivery of the goods.
5.3 In the case of payment in cash or in the case of payment on delivery price is payable when picking goods.
5.4 In the case of cashless payment, the purchaser liable to reimburse the purchase price of the goods together with the variable symbol of the payment. In the case of cashless payment obligation of the buyer to pay the purchase price is met at time of crediting the respective amounts to the account of the seller.
5.5 The seller is authorized, in particular in the case that a buyer does not occur to an additional confirmation of the order (Art. 3.8) will be required to remit the entire purchase price before sending the goods to the buyer. Provision § 2119 ods. Civil Code 1 is not used.
5.6 The possible discounts on the price of goods provided by the seller to the buyer can not be combined with one another.
5.7 If it is the normal course of trade, or, if so provided generally accepted laws, exposing respect of payments made by the seller on the basis of the sales contract buyer tax document - invoice. The seller is a VAT payer of value added tax. The tax document - invoice to the buyer by the seller
Withdraw from the purchase contract
6.1 Buyers notes that according to the provisions of Civil Code § 1837, inter alia, can not withdraw from the purchase contract:
6.1.1. the delivery of goods whose price is dependent on fluctuations of financial market independently of the will of the vendor and which may occur during the period of withdrawal.
6.1.2. the supply of alcoholic beverages, which can be delivered only after thirty days and whose price is dependent on fluctuations of financial market, which can not vendor,
6.1.3. For supplies of goods that has been modified as desired by the purchaser or to a person
6.1.4. the delivery of goods subject to rapid deterioration, as well as the goods which have been after delivery irreversibly mixed with other goods,
6.1.5. the supply of goods in the sealed container from which the purchaser unsealed and for hygienic reasons it can not be returned (for example: the HA)
6.1.6. the supply of audio or video recordings or computer program, and violated their original packaging (games, especially if they contain a printed code)
6.1.7. the delivery of newspapers, periodicals or magazines,
6.1.8. of delivery of digital content, if not supplied on a tangible medium, and was supplied with the prior explicit consent of the buyer.
6.2 If it is not the case referred to in Art. 5.1 or about another case where not withdraw from the sales contract, the purchaser in accordance with § 1829 ods. 1 Civil Code right to withdraw from the sales contract, within fourteen (14) days of receipt of goods, wherein in case that the subject of the sales contract Several kinds of delivery of goods or several parts, runs this deadline date of receipt of the last supply of goods. Withdrawal from the sales contract the seller must be sent within the time limit referred to in the previous sentence.
6.3 To withdraw from the purchase contract the buyer must send you list the address of establishment or residence of the seller. For delivering a withdrawal from the contract provisions apply Art. 11 of these commercial conditions.
6.4 In the event of cancellation of the purchase contract according to Art. 5.2 of trade sale contract is canceled from the beginning. Goods must be returned to the seller fourteen (14) days of cancellation of the vendor. If the spacing from the buyer purchase contract, the buyer carries costs for a return to the seller, even in the case where the goods can not be returned to its character mail. Customer must return / send goods to address of our shop - Originalky.cz, tr. Budovatelu 2392/88, 43401 Most, Czech Republic. Half deliveries to address of courrier office is not accepted.
6.5 In the event of cancellation of according to Art. 5.2 of trade returns vendor funds received from the buyer within 14 days of withdrawal from the buyer purchase contract, in the same way that the seller is received from the buyer. The seller is also entitled to return filling already granted to buyers for returned goods buyer or otherwise, and with the buyer will accept and avoiding thereby the purchaser additional costs. If the spacing from the buyer purchase contract, the seller is not required to return the funds received by the purchaser rather than his buyers or merchandise return demonstrates that the seller sent the goods.
6.6 Claims for damage incurred on the goods the seller is entitled to unilaterally set off against the buyer's claim for a refund of the purchase price.
6.7 By the time of receipt of the goods the buyer the seller is entitled at any time to withdraw from the purchase contract. In this case, the seller returns to the buyer the purchase price, without delay, a bank transfer to an account designated by the buyer.
6.8 If The customer received a gift when buying goods, both goods and gifts must be returned after purchase cancellation or purchase withdraw.
From the purchase agreement, you can withdraw up to 14 calendar days.
Within 14 days begins on the day following receipt of the goods.
If the period ends on the weekend or on a public holiday, the last day it is taken the next business day.
Notice of withdrawal from the contract, the trader must wandered by the last day of the period. It is not enough on this day to send. However, it can be returned after agreement at a later date.
The goods do not need to return the original packaging, but the dealer may then want to pay the cost of new packaging goods.
You can return the goods and worn, but again marketer may want to pay the cost of putting the goods in original condition. These costs can theoretically achieve the full price of the goods.
Their money you need to get back within thirty calendar days of the withdrawal.
After the return of the goods must be returned and, for example, obtained by purchasing discount coupons or points in the loyalty program. This is not illegal sanctions.
Customer must return / send goods to address of our shop - Originalky.cz, tr. Budovatelu 2392/88, 43401 Most, Czech Republic. Half deliveries to address of courrier office is not accepted.
The penalty may, however, be considered later rejection of discounts or penalties within the loyalty program just because returns respectively. withdrawal.
If you send the ordered goods on delivery, which will not be lifted in the period and then returned back to us, you will be charged for compensation foregone postage.
For that amount you will receive an invoice for payment. If not paid, the claim can be enforced judicially or sold to companies engaged in debt collection.
If you have the goods paid in advance will be refunded the amount of which will be deducted postage due.
Transport and delivery of goods
7.1. If the mode of transport agreed by special request of the buyer, the buyer bears the risk and any additional costs associated with this mode of transport.
7.2 If the seller under the purchase contract must deliver the goods at the place designated by the buyer in the purchase order, the buyer is obliged to accept the goods on delivery.
7.3. For the reasons attributable to the purchaser must deliver the goods repeatedly or in any other way than stated in the order, the buyer is liable for the costs associated with repeated delivery of goods, respectively. costs associated with other means of delivery.
7.4 When taking the goods from the carrier the buyer is obliged to check the integrity of the packaging of goods, if any defects immediately notify the carrier. In the event of tamper indicative of intrusion into the cargo shipment by the buyer does not take over the carrier.
Rights of defective performance
8.1. The rights and obligations of the parties with regard to the rights of defective performance shall be governed by generally binding regulations (in particular the provisions of § 1914 to 1925, § 2099 to 2117 and § 2161 to 2174 of the Civil Code).
8.2 The seller is liable to the buyer that the goods in taking no defects. In particular seller is liable to the purchaser, at the time when the buyer took the goods:
8.2.1. goods are qualities that the parties agree and if absent arrangement has properties that describe the seller or manufacturer or the buyer expected given the nature of the goods and the advertising they carry.
8.2.2. the goods are fit for the purpose for which the application vendor or states for which goods of the same type are normally used,
8.2.3. goods correspond to the agreed quality or transferring samples or artwork, if the quality or design for the agreed sample or template.
8.2.4. the goods in an appropriate amount, rate or weight and
8.2.5. product meets the requirements of the legislation.
8.3. The provisions referred to in Art. 7.2 business conditions will not apply to goods sold at a lower price the defect for which the lower price agreed on goods damaged due to its common use, the used goods defect corresponding to the degree of use or wear, which the goods had on receipt by the buyer, or if it results from the nature of the goods.
8.4. If ill defect within six months of receipt, it is considered that the product was defective already taking over.
8.5. Rights of defective performance applies buyer from the seller at his operation in which a complaint can be accepted in view of the range of goods sold, possibly at the registered office or place of business. The moment of the claim is considered to be the moment when the seller got from the buyer claimed goods.
8.6. Other rights and obligations of the parties relating to the liability of the seller for defects can modify the rules for claims of the seller.
Other rights and obligations of the parties
9.1. The buyer shall take possession of the goods by paying the full purchase price of goods
9.2 The seller is not in relation to the purchaser bound by any codes of conduct within the meaning of the provisions of § 1826 paragraph. 1 point. e) of the Civil Code of the Czech Republic.
9.3. Extrajudicial consumer complaint handling ensures sellers through electronic address firstname.lastname@example.org. Information about facilities complaint, the buyer sends the seller to the buyer's electronic address.
9.4. Buyer hereby assumes the risk of a change in circumstances within the meaning of § 1765 paragraph. 2 of the Civil Code of the Czech Republic
10.1. The protection of our customers, partners and employees personal data is our priority and we pay maximum attention to securing their security.
10.2. The protection of the personal data of the purchaser is provided by Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Regulation on the Protection of Personal Data), which on 25 May 2018 replaced Act No. 101/2000 Coll., On the Protection of Personal Data. The English abbreviation that can be encountered is GDPR (English General Protection Protection Regulation). We also follow the applicable laws of the Czech Republic.
10.3. The buyer is aware of the processing of his / her personal data: name and surname, address, identification number, tax identification number, e-mail address and telephone number (collectively referred to as "personal data").
10.4. The Buyer is aware of 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 maintaining the User Account. Consent to the processing of personal data in its entirety under this Article is not a condition that would in itself make it impossible to conclude a sales contract.
10.5. The Buyer notes that he is required to state his / her personal details (when registering, in his user account, when ordering from the web interface of the store), to state correctly and truthfully and to inform the seller of any change in his / her personal data without undue delay.
10.6. By processing the buyer's personal data, the seller may assign a third party as processor. Apart from the persons involved in the order process (price comparator, carrier), the personal data will not be passed on to the third party by the seller without the buyer's prior consent.
10.6.1 The Purchaser has the option of purchasing the data to consent to the provision of his or her personal data (e-mail address only) to the Comparison Portal in order to obtain a Quality of Service Assessment.
10.6.2 Comparative portals are committed to ensuring maximum protection of personal data by technical and organizational means of security (software protection, access rights, employee confidentiality).
10.7. Personal data will be processed for marketing purposes for a maximum of 3 years, for tax purposes it is necessary to store data for 10 years. Data must be retained for accounting purposes and for any claim of purchased goods. Personal data will be processed in electronic form in an automated manner or in a printed form in a non-automated manner.
10.8. The Buyer confirms that the personal data provided are accurate and that he has been advised that this is a voluntary provision of personal data.
10.9. Should the buyer believe that the seller or processor (Article 9.5) carries out the processing of his or her personal data contrary to the protection of the private and personal life of the buyer or in breach of Regulation (EC) of the European Parliament and of the Council If personal data are inaccurate with regard to the purpose of their processing, they may:
10.9.1. Ask the seller or processor for explanation and remedy.
10.9.2. Require the seller or processor to remove the resulting condition.
10.10. The buyer has the right to withdraw his consent to the processing of personal data and to request the deletion in accordance with Article 17 of the European Council Regulation. The seller must do so without undue delay. Not always withdrawal of consent means the obligation to liquidate personal data, as the withdrawal of consent is made for a particular purpose for which personal data are processed, while the seller may process personal data for a different legal reason than the consent was granted.
10.11. If the buyer asks for information about the processing of his personal data, the seller is required to pass on this information. Additional costs and expenses will be required to provide further information and copies. Regarding the processing of your personal data, do not hesitate to contact us by e-mail: email@example.com
12.1. Communication concerning the relations seller and the buyer, especially regarding withdrawal from the contract, must be received by mail by registered letter, unless the purchase contract provides otherwise. Notice shall be delivered to the appropriate contact address of the other Party and shall be deemed delivered and effective at the moment of their delivery through the mail, except for the notice of withdrawal from the purchaser when the resignation effective when notice buyer within a period of withdrawal sent.
12.2. To be delivered is also considered a Communication with the takeover was rejected addressees that have not been collected in a storage time or which were returned as undeliverable.
12.3. The Parties may mutually routine correspondence delivered by e-mail, at the e-mail address noted on the account of the buyer or buyers listed in the order, respectively. to the address indicated on the website of the seller.
13.1. If the purchase relationship includes international (foreign) element, then the parties negotiate that relationship is governed by Czech law. This is without prejudice to the consumer's rights under the laws of general application.
13.2. If any provision business conditions invalid or ineffective, or becomes, instead of the invalid provision enters a provision whose meaning is invalid provision as close as possible. Nullity or ineffectiveness of one provision shall not affect the validity of the remaining provisions. Amendments to the contract of sale or business conditions require written form.
13.3. Purchase agreement, including the terms and conditions is archived by the seller in electronic form and is not accessible.
13.4. Contact informations: Originalky.cz s.r.o., tř. Budovatelů 2392/88, 434 01 Most, Czech Republic. e-mail: firstname.lastname@example.org, tel. numbers: +420 414 12 02 08, +420 725 555 599.
Loyalty Program is a loyalty program operated by the company Originalky.cz s.r.o. based on address tr. Budovatelů 2392/88, 434 01 Most, Company ID: 06449760, VAT ID: CZ06449760, registered in Commercial Register under file name C40302, kept at Regional Court in Usti nad Labem, Czech Republic.
This program will get loyalty points to all registered end users who are on site originalky.cz, originalky.eu and originalka.sk order and then pay for goods at least 1 CZK.
For every 1 CZK spent in our shop, you will get 2 Loyalty Points, with value 0,02 CZK. (Example: 1 EUR = 26,50 CZK = 52 Loyalty Points = value of 0,039 EUR. Exchange rate of EUR vs CZK is calculated on CNB).
Loyalty program is designed for registered end customers. It can not be used if you do not create account on our e-shop, or if you are registered in our wholesale discounts.
Loyalty Points expiration is 2 years.
Declaration on the Protection of Personal Data
For the realization of business transaction we need to know the name (or company name, registration number and contact person), address (and billing or shipping), telephone and mail contact. Furthermore then we register your business transactions with us. When picking up an order, which was paid in advance via the Internet, when picking up the claim, and refinance the credit note from you can require the submission of an identification document (OP or CP), and in order to prevent formation damage and prevent money laundering activities. Without presenting any of these documents, we can reject the goods or money issued / reimbursed.
For the realization of business transaction and delivery of goods to your designated place with you we need to communicate and to know the information above and those collected during registration, either permanent or temporary. Since these are your personal data obtained in order to carry out business transactions, it is not necessary to your express consent.
After logging in to our shop www.originalky.eu you can edit or delete your profile data. (Because of financial reports to authorities, it is not possible to delete all data.) In case of account removal, please send email to email@example.com. We will remove your informations from our database, but they will still reside in internal orders/invoices.
Buyer agrees with saving Cookies on his computer. It is not possible to use our website or eshop without using Cookies. If you want to remove them, use your browser settings to not save cookies on our site.