These Terms and Conditions apply to purchases in the pipesandpints.com online store from May 20, 2019.
The terms and conditions define and specify the rights and obligations of the seller, which is Vojtěch Kalina, registered office at Zelená 12, Prague 6, ID: 76575942 and the buyer (customer, consumer).
All contractual relationships are concluded in accordance with the laws of the Czech Republic. If the consumer is a party in the contract, the relations not regulated by the Terms and Conditions are governed by the Civil Code (no. 89/2012 Coll.) And Act on Consumer Protection (no.634/1992 Coll.). If the contracting party is not a consumer, the relations not governed by the Terms and Conditions shall be governed by the Civil Code (no. 89/2012 Coll.).
Terms and Definitions
The seller, Fly High Booking s.r.o., Kališnická 3, 130 00, Praha, acts in the conclusion and performance of the contract within its sales or other business activities. It is a company that supplies products or services to the buyer directly or through other businesses.
The customer of our online store is the buyer. Given the legislation in force, a distinction is made between a buyer who is a consumer and a buyer who is not a consumer.
A buying consumer or simply consumer is any person who, outside their business or outside the scope of their occupation, enters into a contract with an entrepreneur or otherwise acts on it.
A buyer who is not a consumer is an entrepreneur. Any person who concludes contracts related to their own business, production or similar activity or within the scope of their occupation, or a person acting in the name of or on behalf of an entrepreneur shall also be considered an entrepreneur.
If the buyer is a consumer, the proposal to conclude the purchase contract (offer) is the placement of the offered goods on the website by the supplier, the purchase contract is created by sending the order by the buyer-consumer and accepting the order by the supplier. This acceptance shall be immediately confirmed by the supplier to the buyer by e-mail to the specified e-mail address, however, the creation of the contract is not affected by this confirmation. The contract (including the agreed price) can only be changed or cancelled by agreement of the parties or on legal grounds.
Before sending the order to the seller, the buyer is allowed to check and change the data entered into the order, also with the intent for the buyer to detect and correct errors occurring when entering data into the order. The order is sent by the buyer to the seller by clicking on the “Submit order” button.
If the buyer is not a consumer, the proposal to conclude a purchase contract is the order for goods sent by the buyer and the actual purchase contract is concluded at the moment of delivery of the binding consent of the seller to the buyer with this proposal.
By concluding the purchase contract, the buyer confirms that he has read these Terms and Conditions, including the Complaints Policy , and agrees with them. The buyer is duly notified of these Terms and Conditions and Complaints Policy before making their order and has the opportunity to become acquainted with them.
The time limit for settling complaints is suspended if the seller has not received all the necessary documents for handling the complaint (parts of the goods, other documents, etc.). The seller is obliged to require additional documents from the buyer as soon as possible. The deadline is suspended from this date until the delivery of the requested items by the buyer.
Among other things, the seller reserves the right to cancel the order or part of it before concluding the purchase contract, in agreement with the buyer, in the following cases: the goods are no longer manufactured or delivered or the supplier’s price of the goods has changed significantly. In the event that the buyer paid a part or the whole amount of the purchase price, this amount will be transferred back to his account or address and the purchase agreement will not be concluded.
For gifts provided free of charge, no consumer rights may be claimed. Such goods comply with the conditions of Donation agreement and all standards according to the valid legislation of the Czech Republic.
Rights from defective performance The rights and obligations of the contractual parties regarding the rights of defective performance are governed by the relevant generally binding regulations (in particular: provisions of sections 1914 to 1925, sections 2099 to 2117 and sections 2161 to 2174 of Act no. 89/2012 Coll., Civil Code).
The seller shall be liable to the consumer for the fact that the item is not defective upon receipt. In particular, the seller shall be liable to the consumer for the fact that at the time the consumer received the item,
- the item has characteristics the parties have agreed on, and if there is no agreement, that it has characteristics that the seller or manufacturer has described or which the buyer has expected with regard to the nature of the goods and their advertising,
- the thing is suitable for the purpose that the seller states for its use or for which a thing of this kind is usually used,
- the thing corresponds with the quality or design of the agreed sample or template, if the quality or design was determined according to an agreed sample or template,
- the item is in the appropriate quantity, amount or weight and
- the item meets legal requirements.
If the item does not have the abovementioned characteristics, the consumer may also request delivery of a new item free of defects, unless it is disproportionate to the nature of the defect, but if the defect concerns only a component of the item, the consumer may only request the replacement of the component; if this is not possible, he may withdraw from the contract. However, if this is disproportionate to the nature of the defect, especially if the defect can be removed without undue delay, the consumer is entitled to a free removal of the defect.
The consumer is entitled to the delivery of a new item or replacement of the component even in the case of a removable defect, if they cannot properly use the item for repeated occurrence of a defect after repair or for a greater number of defects. In this case, the consumer has the right to withdraw from the contract.
If the consumer does not withdraw from the contract or does not exercise the right to receive a new item free of defects, replacement of the component or repair of the item, they may request a reasonable discount. The consumer has the right to a reasonable discount even if the seller cannot deliver a new item without defects, replace the part or repair the item, or if the seller fails to remedy the situation within a reasonable period of time, or if the remedy would cause considerable difficulties to the consumer.
The buyer is not entitled to the right of defective performance if the buyer knew before receiving the thing that the item has a defect or if the buyer themselves caused the defect.
The consumer is entitled to exercise the right of a defect that occurs within 24 months of receipt in case of consumer goods. If a defect occurs within six months of receipt, the item is deemed to have been defective upon receipt.
Other rights and obligations of the parties related to the seller’s liability for defects may be regulated by the seller’s complaints procedure.
Consumer’s right to withdraw from the contract
If the purchase contract is concluded by means of remote communication (via e-shop), in accordance with Section 1829 (1) of the Civil Code , the consumer has the right to withdraw from the contract without giving any reason within 14 days of receipt of the goods (in the event that the subject of the purchase contract is several types of goods or delivery of several parts, this period runs from the date of receipt of the last delivery of goods).Withdrawal from the purchase contract must be sent to the seller within the period specified in the previous sentence.
In the event that the consumer wishes to withdraw from the contract under the previous paragraph within 14 days, they contact the seller and preferably indicate in writing that they are withdrawing from the contract, ideally indicating the order number, date of purchase and account number for a refund.
The consumer can also use the standard form to withdraw from the contract provided by the seller, attached to these Terms and Conditions. The withdrawal from the purchase agreement may be sent by the consumer to, but is not limited to, the address of the seller’s premises or the seller’s e-mail address email@example.com.
In the event that the buyer withdraws from the contract according to the previous paragraphs, the seller shall return the funds received from the buyer (except for the amount of additional delivery costs incurring as a result of the buyer’s chosen method of delivery, which is different from the cheapest method of standard delivery offered by the seller) within 14 days of the buyer’s withdrawal from the purchase agreement, in the same manner that the seller accepted them from the buyer, unless the buyer specifies otherwise. The seller is also entitled to return the funds provided by the buyer already at the time of returning the goods by the buyer or otherwise, if the buyer agrees with this and additional costs do not incur for 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 proves that the goods were sent to the seller.
However, the provisions of the law on withdrawal from the contract within a period of 14 days cannot be understood as a free loan of goods. In the case of using the right of withdrawal within 14 days of receipt of the performance, the consumer must hand over everything they have obtained under the purchase contract to the seller within 14 days of withdrawal from the contract. If this is no longer possible (for example, in the meantime, the goods have been destroyed or consumed), the consumer must provide monetary compensation in return for what can no longer be handed over. If the returned goods are only partially damaged, the seller may claim the consumer’s right to damages and set off his claim for the refund. In such a case, the seller must prove the damage suffered. In such a case, the seller only returns reduced purchase price to the consumer.
The seller may offset the actual cost of returning the goods on the purchase price to be returned to the buyer.
In accordance with Section 1837 of the Civil Code, the consumer does not have the right to withdraw from the contract in particular in the case of contracts:
on the provision of services if they have been provided with their prior expressed consent before the expiry of the withdrawal period and the entrepreneur has informed the consumer before the contract conclusion that in such a case they are not entitled to withdraw from the contract,
on the supply of goods or services, the price of which depends on fluctuations in the financial market, irrespective of the will of the entrepreneur and which may occur during the withdrawal period,
on the delivery of goods that have been customized or intended for the consumer
on the delivery of goods in a sealed package which the consumer has removed from the packaging and cannot be returned for hygienic reasons
Further information on the withdrawal of the consumer within 14 days is available on the seller’s website www.pipesandpints.com.
The seller reserves the right to cancel the order for goods marked with the term “Unavailable at the moment” if the goods cannot be delivered or replaced by another model or if the price has changed significantly and the customer does not accept it before the purchase contract is concluded. The seller informs the customer of this situation. If part or all of the order has been paid for, the money will be refunded to customer’s bank account.
Protection of personal data
Customer information is stored in accordance with the applicable laws of the Czech Republic, in particular the Personal Data Protection Act no.101/2000 Coll. as amended. By concluding the contract, the buyer agrees to the processing and collection of their personal data in seller’s database after the successful fulfilment of the contract and until such time as they express their disagreement with this processing.
The buyer has the right to access their personal data, the right to correct it, and other legal rights to such data. Personal data can be removed from the database based on the customer’s written request. Personal data of the customers are fully protected against abuse. The supplier does not share customer personal data with any other person. Exceptions are external carriers to whom the customer’s personal data is transmitted to the minimum necessary for the delivery of goods.
Individual contracts are archived in electronic form after being closed and are only accessible to the store operator.
Consumer complaints are handled by the seller via e-mail firstname.lastname@example.org. The seller shall send the information related to handling of the buyer’s complaint to the buyer’s e-mail address.
The seller is entitled to sell goods on the basis of a trade license. Trade control is carried out within the scope of the competence of the relevant Trade Licensing Office. Supervision of personal data protection is performed by the Office for Personal Data Protection. The Czech Trade Inspection Authority performs, to a specified extent, supervision of compliance with Act no. 634/1992 Coll., on consumer protection, as amended.
These Terms and Conditions apply in the version stated on the seller’s website, on the day of conclusion of the purchase contract. The consumer’s order is archived after its confirmation as a concluded contract between the buyer and the seller for the purpose of its fulfilment and other records and its status is accessible to the buyer. The contract may be concluded in the Czech language or in other languages, unless this would be the reason for inability to conclude it. By purchasing, the customer agrees to receive commercial communications.
These Terms and Conditions allow the consumer to archive and reproduce them. By the moment of conclusion of the purchase contract, the buyer accepts all provisions of the Terms and Conditions valid on the day of placing the order, including the price of the ordered goods stated in the confirmed order, unless otherwise agreed in specific cases.
These Terms and Conditions become effective on May 20 2019