Terms & Conditions
1.1. These commercial conditions (hereinafter “commercial conditions”) of the company 7th ROSE s.r.o., having its domicile at Korunní 2569/108a, 101 00 Praha 10, Czech Republic, business identification number: 04285557, entered in the Commercial Register maintained by the Prague City Court, Section C, Insert 245335 (hereinafter “seller”) are determined in accordance with § 1751 (1) of Law No. 89/2012 Coll., the Civil Code (hereinafter “Civil Code”) as the mutual rights and responsibilities of the contractual parties that arise in connection with or on the basis of the purchase contract (hereinafter “purchase contract”) concluded between the seller and a further natural person (hereinafter “buyer”) through the agency of the seller’s Internet shop. The Internet shop is operated by the seller on the web page placed on the Internet address 7throse.cz (hereinafter “web page”), through the interface of the web page (hereinafter “shop web interface”).
1.2. The commercial conditions do not apply to cases in which the buyer is a legal entity or a person acting within the framework of his or her entrepreneurial activities or within the framework of independently discharging his or her profession.
1.3. The provisions of the commercial conditions are an integral part of the purchase contract. The commercial conditions shall be sent to the buyer in the confirmation of the reception of the order in accordance with Art. 3.7 of the commercial conditions.
1.4. It is possible to agree on provisions that deviate from the commercial conditions in the purchase contract. The deviating agreements in the purchase contract shall take precedence over the provisions of the commercial conditions. The provisions of the commercial conditions are an integral part of the purchase contract. The purchase contract and the commercial conditions shall be drafted in the Czech language and in the English language (on the address www.7throse.cz). It is possible to conclude the purchase contract in the Czech language and in the English language.
§2. User account
2.1. On the basis of the registration of the buyer on the web page, the buyer can access his or her user interface. The buyer can order goods through his or her user interface (hereinafter “user account”).
2.2. When registering on the web page and when ordering goods, the buyer has the responsibility to provide all information correctly and truthfully. The information entered by the buyer in the user account and when ordering goods shall be considered to be correct by the seller.
2.3. The buyer shall be aware of the fact that the user account may not be accessible uninterruptedly, especially with regard to necessary maintenance of the seller’s hardware and software equipment, or, as the case may be, necessary maintenance of the hardware and software equipment of third parties.
§3. Conclusion of the purchase contract
3.1. All presentations of goods placed on the shop web interface have an informative character and the seller shall not have the responsibility to conclude a purchase contract relative to these goods. The provisions of § 1732 (2) of the Civil Code shall not be applied.
3.2. The shop web interface contains information about goods and their main characteristics, including the prices of individual goods and the costs for returning goods in the event that those goods cannot, due to their nature, be returned through the regular postal channel.
3.3. Prices are given with Value Added Tax and all connected fees included. The prices of goods shall remain valid during the period in which they are displayed on the shop web interface.
3.4. The shop web interface contains information about the costs connected with packing and delivering the goods. Information about the costs connected with packing and supplying goods that is contained in the shop web interface shall be valid only in cases where the goods are delivered within the Czech Republic and to other states entered in Art. 5.8 of the commercial conditions.
3.5. In order to order goods, the buyer shall fill out the order form on the shop web interface. The order form shall contain, in particular, information about:
(a) The ordered goods,
(b) The purchase price of the goods, including Value Added Tax and, as the case may be, additional fees,
(c) The method of payment of the purchase price of the goods, information about the requested method of delivery of the ordered goods,
(d) Information about the costs connected with delivering the goods.
3.6. Prior to sending the order to the seller, the buyer shall have the possibility to verify and alter the information which the buyer has entered into the order. In this way, the buyer shall have the possibility to find and correct mistakes that have arisen during entering data prior to submitting the order. The buyer shall send the order to the seller by clicking on the “Place order” button (hereinafter “order”). Sending an order on part of the buyer shall be deemed to be an offer to conclude a contract.
3.7. The seller shall confirm reception of the order by e-mail to the buyer forthwith after receiving the order, that is, to the buyer’s e-mail address specified in his or her user account or in the order. The sending of this confirmation on the part of the seller to the buyer’s e-mail address represents the acceptance on the part of the seller of the offer to conclude the contract. At that moment, the purchase contract shall be concluded.
3.8. The right of ownership is transferred to the buyer on paying for and taking possession of the goods.
3.9. The buyer agrees with the use of long-distance means of communication when concluding the purchase contract. Costs arising for the buyer when using long-distance means of communication in connection with concluding the purchase contract (Internet connection expenses, telephone charges) shall be covered by the buyer according to the conditions of the provider of the electronic communication services whose services he or she uses; thus, these costs shall not be billed to the buyer on part of the seller.
§4. Price of goods and payment conditions
4.1. The buyer may pay the price of the goods and, as the case may be, any expenses connected with delivering the goods according to the purchase contract:
(a) Through bank transfer to the account of the seller in CZK for payments within the Czech Republic, namely bank account number 2111900350/2700 maintained at UniCredit Bank Czech Republic and Slovakia, a.s.;
(b) Through bank transfer to the account of the seller in EUR for payments within the European Union, namely bank account number 2112776451/2700 maintained at UniCredit Bank Czech Republic and Slovakia, a.s.
4.2. Together with the purchase price, the buyer shall pay the seller the costs connected with packing and delivering the goods in the stipulated amount. If it is not explicitly stated otherwise, the expenses connected with delivering the goods shall also be further understood to be part of the purchase price.
4.3. The seller shall not request from the buyer a bond or analogous payment. This does not affect Art. 4.6 of the commercial conditions regarding the duty to pay the purchase price in advance.
4.4. In the event of a cash payment or a payment by debit or credit card with the seller, the purchase price is payable when taking possession of the goods.
4.5. In the event of a non-cash payment, the necessary information for effecting the payment according to Art. 3.6 (account number, variable symbol and amount) shall be sent to the buyer by the seller by e-mail without delay after the order is sent. The purchase price is due within 10 days of concluding the purchase contract. The buyer’s commitment to pay the purchase price shall be fulfilled the moment the relevant amount is registered on the seller’s account.
4.6. A tax document (receipt) shall be given to the buyer when taking possession of the goods in the event of personally taking possession of them, or in the packaging in which the goods are transported in the event of their being sent by the contractual carrier.
4.7. The seller is authorized to request the payment of the whole purchase price prior to sending the goods to the buyer. The provisions of § 2119 (1) of the Civil Code shall not be applied.
§5. Transporting and taking possession of the goods
5.1. The place of delivery of the goods shall be the delivery address given by the buyer in the order form.
5.2. The ordered goods shall be handed over for transportation in accordance with the time period indicated in the description of the ordered goods. In the event that due to operational reasons, it is not possible to honour the time period, the buyer shall immediately be informed of this by telephone or e-mail.
5.3. In the event that the manner of delivery shall be agreed upon on the basis of a particular request on the part of the buyer, the buyer shall bear the risk and, as the case may be, the additional costs connected with this form of shipping.
5.4. If the seller is bound by the purchase contract to deliver the goods to the place designated by the buyer in the order, the buyer is bound to take possession of the goods upon delivery.
5.5. In the event that it is necessary due to a reason on the buyer’s side to deliver goods repeatedly or in another manner than is designated in the order, the buyer is bound to pay the cost connected with the repeated delivery of goods, or respectively the costs connected with the other form of delivery.
5.6. When taking the goods over from the transporter, the buyer is bound to check the intactness of the packaging of the goods and in the event of any defects, to inform the transporter of this fact without delay. In the event of determining a violation of the packaging which bears witness to an unauthorized penetration into the sent package, the buyer shall not have to take the sent package over from the transporter.
5.7. The buyer may choose from the following manners of delivery and reception for the Czech Republic:
(a) Czech Post: price of delivery 99 CZK / 3.66 EUR.
(b) DPD Private: price of delivery 99 CZK / 3.66 EUR.
5.8. The buyer may choose from the following manners of delivery and reception outside the Czech Republic:
(a) DPD Europe Classic:
- Category 1 (Slovakia): price of delivery 200 CZK / 7.40 EUR.
- Category 2 (Hungary, Germany, Poland, Austria): price of delivery 300 CZK / 11.11 EUR.
- Category 3 (Belgium, Estonia, France, Italy, Lithuania, Latvia, Luxembourg, the Netherlands, Switzerland, Great Britain): price of delivery 500 CZK / 18.51 EUR.
- Category 4 (Croatia, Ireland, Slovenia): price of delivery 600 CZK / 22.22 EUR.
- Category 5 (Bosnia a Herzegovina, Bulgaria, Denmark, Finland, Norway, Portugal, Romania, Greece, Serbia, Spain, Sweden): price of delivery 700 CZK / 25.92 EUR.
§6. Withdrawal from the purchase contract
6.1. The buyer takes knowledge of the fact that according to § 1837 of the Civil Code, it is not possible among other things to withdraw from a purchase contract for the delivery of goods that has been modified as desired by a consumer or to his person, from a purchase contract for the delivery of goods which were irreversibly contaminated with other goods after delivery and for repair or maintenance carried out in the place designated by the customer at his or her request.
6.2. If it is not a case mentioned in Art. 1 of the commercial conditions or a different case where it is not possible to withdraw from the purchase contract, the buyer has the right in accordance with § 1829 (1) of the Civil Code to withdraw from the purchase contract up to 14 days from taking possession of the goods, whereas in the case that the subject of the purchase contract is several types of goods or the supplying of several parts, this time period shall begin to run from the day of taking possession of the last delivery of the goods. The withdrawal from the contract must be sent to the seller within the period stated in the previous sentence. In order to withdraw from the purchase contract, the buyer may use the form provided by the seller which is a schedule to the commercial conditions. The buyer may deliver his or her withdrawal from the purchase contract to the address of the seller’s premises, to the address of the seller’s domicile or to the seller’s e-mail address firstname.lastname@example.org.
6.3. In the event of withdrawing from the purchase contract according to Art. 2 of the commercial conditions, the purchase contract shall be cancelled from its beginning. The goods must be returned to the seller within 14 days of withdrawing from the contract. If the buyer withdraws from the purchase contract, the buyer shall bear the costs connected with returning the goods to the seller, including in the case that the goods cannot be returned due to their nature through the regular postal route.
6.4. In the event of withdrawing from the purchase contract according to Art. 2 of the commercial conditions, the seller shall return the monetary funds received from the buyer within 14 days of the buyer withdrawing from the purchase contract, and that in the same manner as that in which the seller received it from the buyer. The seller is likewise authorized to return the fulfillment provided by the buyer already prior to the buyer’s returning of the goods or in another manner, if the buyer should agree with this and if through this further expenses shall not arise for the buyer. If the buyer should withdraw from the purchase contract, the seller shall not be bound to return the accepted monetary funds to the buyer before the buyer returns the goods to him or proves that he or she has sent the goods to the seller.
6.5. The seller is entitled to unilaterally enter a claim for repayment of damages against the buyer’s claim for the return of the purchase price.
6.6. The seller is authorized to withdraw from the purchase contract in the event that the ordered goods shall become inaccessible. In such a case, the seller shall return the purchase price to the buyer without unnecessary delay, at the latest within 3 days, and that without cash to the bank account designated by the buyer.
6.7. If a gift is provided to the buyer together with the goods, the gifting contract between the seller and the buyer shall be concluded with the condition of cancellation that in the event that the buyer withdraws from the purchase contract, the gifting contract concerning such a gift shall cease to have effect and the buyer shall be bound to return the gift together with the goods to the seller.
§7. Rights arising from defective fulfillment
7.1. The rights and duties of the contractual parties regarding rights arising from defective fulfillment shall be governed by the relevant generally binding legal rules.
7.2. The seller answers to the buyer for the goods to be free from defects upon the buyer taking possession of them. In particular, the seller answers to the buyer for the fact that at the time when the buyer takes possession of the goods:
(a) The goods shall have the attributes that the parties have agreed upon or shall have such attributes as the seller or the manufacturer have described or which the buyer expected with regards to the nature of the goods and on the basis of the advertising run by them;
(b) The goods are suitable for the purpose that the seller states for their use or the purpose for which goods of that type are habitually used;
(c) The goods correspond to the quality or the workmanship of the agreed upon sample or model;
(d) The goods are in the corresponding amount, measure or weight;
(e) The goods meet the requirements of legal rules.
7.3. The provisions stated in Art. 2 of the commercial conditions shall not be applied to goods sold at a lower price due to a defect because of which the lower price was stipulated.
7.4. If the defect manifests itself during 6 months after the buyer has taken possession of the goods, the goods shall be deemed to have been defective already when they were taken possession of. The buyer shall be entitled to exercise his or her right arising from a defect which occurs in consumer goods in the period of 24 months from taking possession of them.
7.5. The buyer shall exercise his or her rights arising from defective fulfillment with the seller on his premises.
7.6. Further rights and responsibilities of the parties connected with the responsibilities of the seller for defects are governed by the seller’s returns policy.
§8. Protection of personal information
8.1. Protection of personal information of the buyer shall be governed by law No. 101/2000 Coll., on the Protection of Personal Information, as amended.
8.2. The buyer’s personal information that is essential for fulfilling the contract shall be processed by the seller in accordance with § 5 (2) (b) of Law No. 101/2000 Coll.
8.3. The buyer agrees with the processing of his or her personal information by the seller for the purposes of realizing the rights and responsibilities arising from the purchase contract and for the purpose of maintaining the user account. The buyer agrees with the sending of information connected with the seller’s goods and services to the buyer’s e-mail, as well as with the sending of commercial messages on part of the seller to the buyer’s e-mail address. This consent may be withdrawn at any time in writing or by e-mail.
8.4. The buyer is bound to provide correct and truthful personal information. The buyer is also bound without unnecessary delay to inform the seller about changes in his or her personal information.
8.5. The seller may entrust the processing of the buyer’s personal information to a third party as processor.
8.6. The personal information shall be processed during the period that is necessary for the purpose of its processing.
8.7. The buyer confirms that the provided personal information is exact and that he or she was informed of the fact that his or her provision of personal information is voluntary.
§9. Closing provisions
9.1. The seller in his relationship with the buyer is not bound by any codes of conduct in the sense of § 1826 (1) (e) of the Civil Code.
9.2. The competent authority for dealing with consumer conflicts concerning the purchase contract out of court is the Czech Trade Inspection Authority, having its domicile at Štěpánská 567/15, 120 00 Praha 2, business identification number: 00020869, Internet address: http://www.coi.cz.
9.3. In the event that the relationship created by the purchase contract contains an international element, the relationship shall be governed by Czech law. Consumer rights arising from generally binding legal rules are not affected by this.
9.4. In the event that a certain provision of the commercial conditions is invalid or without effect, or if it should become so, the invalid provision shall not be taken into account. The validity of other provisions shall not be affected by the fact that some provision of the commercial conditions is invalid or ineffective.
9.5. The purchase contract, including the commercial conditions, shall be archived by the seller in electronic form and shall not be accessible.
9.6. A schedule to the commercial conditions is a sample form for withdrawing from the purchase contract.
9.7. Seller’s contact information:
- Address: Korunní 2569/108a, 101 00 Praha 10
- E-mail: email@example.com
- Telephone: +420 776 705 569